Berg v. Scully

The opinion of the court was delivered by

Hopkins, J.:

The plaintiff, a tenant, sought to recover the value of improvements owned by him on land of the defendant, his land*638lord. A demurrer to plaintiff’s evidence was sustained and be appeals.

The defendant and his father (William Scully) before him have owned and controlled large tracts of land in Marion and other counties for perhaps more than a half century. (Scully v. Dodge, 40 Kan. 395, 19 Pac. 807.) They have rented the lands to tenants under a lease which provides for improvement of the land by the tenant. The land here involved had been…