Legal Opinion

Anderson v. Burnham

Supreme Court of Kansas

Decided July 15, 1893PublishedCited by 13 opinions

JError from Allen District Court. ACTION by Burnham against Anderson, to recover land. Judgment for plaintiff at the adjourned June term, 1890. The defendant comes to this court. The facts appear in the opinion.

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JError from Allen District Court. ACTION by Burnham against Anderson, to recover land. Judgment for plaintiff at the adjourned June term, 1890. The defendant comes to this court. The facts appear in the opinion. A single question is presented by this record to be passed upon by this court, and that is, the application of the 15-year statute of limitations; and out of this proposition, and necessarily involved in this case, is the doctrine of tacking possessions and as to what constitutes adverse possession. On the proposition of tacking possessions, we think the doctrine so well established…

1Opinion of the Court

The opinion of the court was delivered by

JOHNSTON, J.:

This was an action brought by Nelson Burn-ham against Thomas Anderson to recover 160 acres of land in Allen county. To sustain his right of recovery, Burnham showed a patent from the United States to the Missouri, Kansas & Texas Railroad Company, dated November 3,1873, and also a chain of title from the railroad company through several conveyances to himself. The patent and the instruments' of conveyance were duly recorded in the office of the register of deeds. Anderson rests his claim of title upon adverse possession of himself and…

2Cases cited4 opinions

  1. Roots v. BeckIndiana Supreme Court · 1887
  2. Gilmore v. NortonSupreme Court of Kansas · 1872
  3. Rosa v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1877
  4. Fitzgerald v. BrewsterNebraska Supreme Court · 1890

3Cited by13 opinions

  1. Finn v. AlexanderSupreme Court of Kansas · 1918
  2. Stark v. StanhopeSupreme Court of Kansas · 1971
  3. Freeman v. FunkSupreme Court of Kansas · 1911
  4. Viking Refrigerator & Manufacturing Co. v. CrawfordSupreme Court of Kansas · 1911
  5. Fear v. BarwiseSupreme Court of Kansas · 1914

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