Adams v. Roberson

Citations

• 97 Kan. 198
• 155 P. 22
• 1916 Kan. LEXIS 262

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Island School Lands — Adjudication of Claims — Procedure—Burden of Proof. The provision of the statute of 1913 relating to the adjudication of claims to island school land, that a cause brought thereunder shall stand for trial with the settler as plaintiff and the protestant as defendant, and shall be fully tried and determined as other civil cases, implies that the burden of proof rests upon the settler.</p> <p>2. Same — When Open to Settlement as School Lands. Under the statute as it existed prior to 1915 the only tracts lying within the original banks of navigable rivers that were open to settlement as school land were such as had at one time constituted islands.</p> <p>3. Same — Accretions—Rights of Riparian Owner. A riparian owner is not prevented from acquiring title by accretion by the fact that the addition to his land is influenced by artificial causes, in which he has had no part.</p> <p>4. Same — Accretions—Artificial Obstructions. The evidence examined and held not to show conclusively that artificial obstructions in the river caused a sudden and perceptible shifting of the bed of the stream.</p> <p>5. School Lands — Judgment against Settler — Ejectment Proper. Where a proceeding under the statute of 1913, regarding island school land, results in a determination against the settler, the judgment may include an order for his ejection from the premises.</p>