Cribb v. Hudson

Citations

• 99 Kan. 65
• 160 P. 1019

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition- — Motion to Make Definite and Certain — Separately State and Number Causes of Action — Judicial Discretion. The’ allowance or denial of a motion to make a petition more definite and certain and to separately state and number the causes of action therein contained is ordinarily within the sound discretion of the trial court. (Civ. Code, § 122.)</p> <p>2. Same. Where the chief aim of a petition filed by tenants in common against their cotenant is to state a cause of action for partition, the allegations asserting a right to’ an accounting and for rents and .'profits .may be treated as mere incidents of the main'cause of action, and need not be separately stated and numbered, unless this is required by the trial court.</p> <p>8. Tenants in Common — Recognition of Cotenants — Evidence. Where a defendant tenant in common has agreed to purchase the interest of his cotenants in common, all the circumstances, including a deed prepared to convey such interest on the payment of the agreed price, are ¡competent evidence on the question whether defendant was recognizing thé rights of his cotenants in common or holding adversely to them.</p> <p>4. Tenants in Common — Possession by One Cotenant — Possession of All. The possession of property by one tenant in common is the possession of all his cotenants in common, and the rights of the latter can only be extinguished by clear, convincing and satisfactory proof of open, notorious, exclusive, adverse possession for fifteen years, following Schoonover v. Tyner, 72 Kan. 475, 84 Pac. 124.</p>