· 5/9/1908
Best v. Tatum
Citations
- 78 Kan. 215
- 96 P. 140
- 1908 Kan. LEXIS 37
Syllabus
<p>Joint Tenancy — Survivorship — Abolition — Law Not Retrospective. The act of 1891 abolishing the right of survivorship did not affect joint tenants who became such prior to the passage of the act.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that where there are two easements over the same property, the easement established first generally has priority if the use of the second would in any way impair the first
- “[T]he owner of [an] easement cannot prevent another, even a trespasser, from using the land, if his use does not impede the free exercise of the right of passage.”
- “[T]he grantor of the easement of a right of way may use the way in any manner he sees fit, provided he does not unreasonably interfere with the grantee’s reasonable use in passing to and from.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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