Bruner v. Hunt

Citations

• 71 Kan. 533
• 81 P. 194
• 1905 Kan. LEXIS 177

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Ejectment — Occupying-claimants Act Construed. In an action in ejectment, where it is found that the defendants are entitled to receive payment for valuable and lasting improvements under the occupying-claimants act, and the value of such improvements and the value of the land are separately determined, the plaintiff is entitled to a decree that he may elect to sell the land to such claimants, and, if he does so elect and tenders to them a warranty deed, and they refuse to accept it and pay the value of the land, within a time to be fixed by the court, the value of the land, so found, should be adjudged a first lien, and the property ordered to be sold and the proceeds applied first to the payment thereof.</p>