Emerson v. Peters

Citations

• 110 Kan. 87
• 202 P. 601
• 1921 Kan. LEXIS 169

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation op Actions — Statute Must Be Affirmatively Pleaded. The defense of the statute of limitations must'be affirmatively pleaded to be • available, and when it is not pleaded nor considered by the trial court it cannot be asserted for the first time upon appeal.</p> <p>2. Ejectment — Prima Facie Evidence oj Heirship — Burden oj.Pro.of. When evidence produced by plaintiffs that their brother, the deceased,' under' whom they claim heirship, was an unmarried man, that he had no lineal descendants and no heirs at his death except themselves, they made out a prima jade case of heirship and the burden rested Upon the defendants thereafter to show an adoption of children, if such a fact was asserted.</p>