Adams v. Kells

Citations

• 79 Kan. 564
• 100 P. 506
• 1909 Kan. LEXIS 241

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Improvements — Occupying' Claimant — Burden of Proving Value. The allowance of compensation for permanent improvements under the occupying claimants’ law is controlled by equitable considerations. The burden of proof rests upon the claimant to show the extent to which the improvement has enhanced the actual value of the land.</p> <p>■2. -Evidence of the Extent an Improvement Has Enhanced the Value of the Land. Where an occupying claimant in a trial to the court seeks compensation for breaking raw land, but offers no proof of value except what the breaking was worth per acre when it was done, and the court asks for additional evidence showing the extent the improvement has enhanced the value of the land and claimant declines to offer any further evidence, a judgment refusing to allow any compensation for such improvement will not be disturbed.</p>