Colonial & United States Mortgage Co. v. Elsea

Citations

• 85 Kan. 106
• 116 P. 249
• 1911 Kan. LEXIS 20

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pences — Inclosure of Another’s Land — Liability for Rent. One who either alone or in cooperation with adjoining landholders maintains a fence so as to inclose the land of another with his own, and treats the entire inclosure as his pasture, excluding all other stock therefrom,' is liable for rent to the owner of the tract so inclosed.</p> <p>2. - Same. Under such circumstances his liability is not affected by the existence of a public road through the inclosure, across which he maintains gates, or by the fact that he has made an offer, which was rejected, to share with the owner of the inclosed land the expense of fencing so as to separate their tracts.</p>