Bird v. Whetstone
Supreme Court of Kansas
Error from Franklin district court; W. B. Pleasant, judge pro tem. STATEMENT. Action of ejectment by H. O. Bird and R. E. Bird to recover from J. H. Whetstone five acres of land in Franklin county.
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Error from Franklin district court; W. B. Pleasant, judge pro tem. STATEMENT. Action of ejectment by H. O. Bird and R. E. Bird to recover from J. H. Whetstone five acres of land in Franklin county. Upon testimony produced the court made findings of fact, and those pertinent in this consideration are as follow: “(1) Defendant, Whetstone, was originally the owner of the land in controversy, and conveyed it as a gift by warranty deed to his niece, Hannah Dryden, about the 1st day of August, 1874. The land was then, and till 1879 or 1880, raw prairie that had never been cultivated or improved,…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
The evidence in the case was not preserved, and the rights of the parties must, therefore, be determined by the findings made by the trial *432court. Whetstone bases his claim to the land on adverse possession, held for a longer time than is necessary to give title by limitation. He enclosed and improved the land in 1880, and since that time has been in the exclusive and continuous possession of it. It is contended that the possession was not such as would ripen into a title, and that when he conveyed the land to Hannah Dryden his continued…
2Cases cited6 opinions
- McNeil v. JordanSupreme Court of Kansas · 1882
- Gildehaus v. WhitingSupreme Court of Kansas · 1888
- Hockman v. ThumaSupreme Court of Kansas · 1904
- Horbach v. BoydNebraska Supreme Court · 1902
- Troxell v. JohnsonNebraska Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dotson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
- Fear v. BarwiseSupreme Court of Kansas · 1914
- Liebheit v. EnrightSupreme Court of Kansas · 1908
- Ellsworth v. EslickSupreme Court of Kansas · 1914