Peuker v. Canter
Supreme Court of Kansas
Error from Doniphan district court; W. I. Stuart, judge. STATEMENT. This was an action in ejectment brought by Charles Peuker to recover from William and Ella Canter the possession of certain alluvial lands formed by the Missouri river, in the process of accretion, in front of a forty-acre tract owned by him. The tract in controversy contains about 124 acres.
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Error from Doniphan district court; W. I. Stuart, judge. STATEMENT. This was an action in ejectment brought by Charles Peuker to recover from William and Ella Canter the possession of certain alluvial lands formed by the Missouri river, in the process of accretion, in front of a forty-acre tract owned by him. The tract in controversy contains about 124 acres. The plaintiff’s land, to which he claims the alluvion belongs, is described as the northwest quarter of the northeast quarter of section 30, township 4, in range 22, in Doniphan county. He has owned and been in possession of the same for…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The forty-acre tract of land owned by the plaintiff in error at the commencement of this action did not border on the river at the time of the government survey, in 1855, but was distant therefrom the width of lot 1, now owned by Canter, on the west.' Lot' 2, now owned by defendants in error, then bounded the Peuker tract on the south and extended westward to the river bank. These facts having been found by the jury, we must presume that when the *368land was patented by the government the boundaries were the same as described in the survey. (1…
2Cases cited15 opinions
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- Wood v. FowlerSupreme Court of Kansas · 1882
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3Cited by16 opinions
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