Cain v. Kinkhead

Citations

• 92 Kan. 461
• 140 P. 1039
• 1914 Kan. LEXIS 254

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title to Islands in Navigable Streams — Proceedings to Determine — Duties of County Clerk. Under the statute providing that one seeking to acquire title to land on the theory of its being an island belonging to the state shall deliver certain papers to the county clerk for filing, after which steps shall be taken to cause the rights of all claimants to be determined by the district court, the clerk is not justified in refusing to file the papers upon the ground that the claim of the person presenting them is without merit on the facts.</p> <p>2. Same — Insufficient Grounds for Rejecting Cost Bond. Where a surety on a cost bond makes affidavit that he is worth fifty thousand dollars over all debts and exemptions, the officer required to pass upon the sufficiency of the security is not justified in rejecting the bond without further investigation, merely because he has no other information concerning the surety, who is a resident of another county.</p>