Willis v. Stafford

Citations

• 84 Kan. 570
• 114 P. 854
• 1911 Kan. LEXIS 370

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Location — Opening —■ Injunction — Remedy. A road was petitioned for, viewed, located and ordered to be opened, the order reciting that it be established as a public highway, “beginning at the southwest corner of section 21, . . . thence running north regardless of disputed corners to the state line.” The true location of the northwest corner of section 21 was disputed, the surveyor’s report showing that he had located it about six rods east of where the appellant, claims it is. The appellant was awarded damages but took no appeal from the order or allowance of the board. Held, that he can not maintain injunction to prevent the opening of the road.</p> <p>2. - Appeal from Surveyor’s Report. An attempted appeal from the surveyor’s report under section 2275 of the General Statutes of 1909 was without avail, such section having reference to land surveys and not to the kind of survey involved here.</p>