Cramer v. McCann

Citations

• 83 Kan. 719
• 112 P. 832
• 1911 Kan. LEXIS 224

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Descents and Distributions — Cousins. Cousins do not inherit immediately from each other, but only mediately, through the parents of each, and children can not inherit immediately from a cousin of their parent.</p> <p>2. -Heirs of Aliens. Under the provisions of the alien land act (Laws 1891, eh. 3) resident citizens of the United States could not inherit lands in this state through the opera- . tion of the statute of descents and distributions when they must trace their descent through a cousin of their parent, who was an alien at the time of his death.</p> <p>3. Quieting Title — Possession by Plaintiff — Title of Defendant. In an- appeal from a judgment quieting title to lands, where there was sufficient evidence to sustain a judgment in favor of the plaintiff finding that when the action was brought he was in the peaceable, quiet possession of the real estate, claiming title, the first inquiry must necessarily be as to what title the defendant has; for, of he have no title, he can not question that of the plaintiff.</p> <p>4. - Same. The evidence in this case examined and held to be sufficient to warrant a finding that when the action was brought the plaintiff was in the peaceable, quiet possession of the real estate, claiming title, and, it appearing that the defendants never acquired any title themselves, the judgment is affirmed.</p>