Wood v. National Water-Works Co. of New York
Decision Date | 04 June 1885 |
Citation | 33 Kan. 590,7 P. 233 |
Parties | GEORGE B. WOOD v. THE NATIONAL WATER WORKS COMPANY OF NEW YORK |
Court | Kansas Supreme Court |
[Copyrighted Material Omitted]
Error from Wyandotte District Court.
ON May 15, 1883, George B. Wood filed in the district court of Wyandotte county, against the defendant, The National Water Works Company of New York, the following petition:
'Know all Men by these Presents, That we, George B. Wood and his wife Annie B. Wood, D. E. James and his wife Jennie James, and N. McAlpine, all of Wyandotte county, State of Kansas, proprietors of the several parcels of land as above described and set forth in this deed and as shown by the accompanying plat, do hereby convey to the public for their use, the streets, avenues and alleys named in the foregoing description according to the accompanying plat, to the extent that the said streets, avenues and alleys are embraced upon said plat within the boundaries of the tracts owned by each of us individually, reserving to ourselves and our legal representatives all rights and privileges whatsoever in and upon said streets, avenues, and alleys. It is hereby expressly understood that no right or privilege whatsoever is hereby granted, conveyed or dedicated to any purchaser, excepting the simple easement or right of travel over said streets, avenues, or alleys, but that all other rights and privileges are hereby expressly reserved to the undersigned proprietors; neither is there any right or privilege granted herein to the riparian rights of the Kansas river now owned by said proprietors, or to any ferry or bridge privilege whatsoever.
'In testimony whereof, the said D. E. James, his wife Jennie James, George B. Wood, his wife Annie B. Wood, and N. McAlpine and his wife Maria W. McAlpine, have hereunto set their hands and seals this 3d day of May, A. D. 1869.
GEO. B. WOOD. [Seal.] MARIA MCALPINE. [Seal.]
D. E. JAMES. [Seal.] ANNIE B. WOOD. [Seal.]
NICHOLAS MCALPINE. [Seal.]
On June 23, 1883, the defendant filed the following answer:
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