Atkinson v. J. R. Crowe Coal & Mining Co.

Citations

• 80 Kan. 161
• 102 P. 50
• 1909 Kan. LEXIS 38

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jury Trial — Title to Beal Estate — Form of the Action. In an action commenced for the purpose of settling disputed questions of title to real estate, and to recover the possession thereof, either party is entitled to a jury as matter of right, . regardless of the form in which the action may be brought.</p> <p>2. - Same. While a person was in the actual, exclusive and peaceable possession of real estate, claiming to be the owner thereof, another person, claiming to be the owner of the coal and mineral in such land and to have a right to use the surface for mining purposes, attempted to enter thereon for such purpose, but was forcibly prevented by the person in possession, who denied such claimed ownership of the coal. The person out of possession then commenced a suit to obtain a perpetual injunction to restrain the person in possession from interfering with the mining and removal of the coal. In that suit the defendant was, upon demand, denied a trial by jury. Held, error.</p>