Legal Opinion

Pratt v. Ard

Supreme Court of Kansas

Decided June 8, 1901No. 12,326PublishedCited by 5 opinions

Error from Allen district court; L. Stillwell, judge. STATEMENT. This is an action in ejectment, brought on November 27, 1894, by the plaintiff in error, to recover from the defendant in error the east half of the southeast quarter of section 2, in township 26, range 20, in Allen county, Kansas. Plaintiff claimed under a patent issued to the Missouri, Kansas & Texas Railway Company, dated November 3, 1873. The defendant claimed under the fifteen-year statute of limitation.

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Error from Allen district court; L. Stillwell, judge. STATEMENT. This is an action in ejectment, brought on November 27, 1894, by the plaintiff in error, to recover from the defendant in error the east half of the southeast quarter of section 2, in township 26, range 20, in Allen county, Kansas. Plaintiff claimed under a patent issued to the Missouri, Kansas & Texas Railway Company, dated November 3, 1873. The defendant claimed under the fifteen-year statute of limitation. In 1866 the defendant took and claimed as a government homestead the west half of this southeast quarter and the north…

1Opinion of the Court

The opinion of the court was delivered by

Cunningham, J.:

We are compelled to affirm the judgment of the court below on the authority of Anderson v. Burnham, 52 Kan. 454, 34 Pac. 1056, and Guinn v. Spillman, 52 id. 496, 35 Pac. 13. In the former case this court held that “possession of land *185by an adverse occupant for more than fifteen years, which is actual, notorious, continuous, and exclusive, will give title thereto, although such possession is entirely destitute of color of title.” Of this declaration of the law we do not understand that plaintiff in error complains, but rather of the…

2Cases cited1 opinion

  1. Anderson v. BurnhamSupreme Court of Kansas · 1893

3Cited by5 opinions

  1. Missouri, Kansas & Texas Railway Co. v. PrattSupreme Court of Kansas · 1906
  2. Fear v. BarwiseSupreme Court of Kansas · 1914
  3. Union Pacific Railroad v. HuseSupreme Court of Kansas · 1929
  4. Bird v. WhetstoneSupreme Court of Kansas · 1905
  5. Liebheit v. EnrightSupreme Court of Kansas · 1908

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