Erskin v. Wood

Citations

• 77 Kan. 577
• 95 P. 413
• 1908 Kan. LEXIS 306

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Tenants in Common — Simultaneous Settlements on the Same Tract of School-land. Where two persons settled upon a tract of school-land at the same time, and each made the required improvements and continued his residence thereon and acquired the right to purchase the same, and it was upon notice and hearing in the probate court determined that each had such right, and each of such settlers has made payment for the land and obtained a certificate thereof accordingly, the rights of such settlers appearing to be equal, they are tenants in common of such land.</p> <p>2. - Recovery of Undivided Interest. A, tenant in common may recover his undivided interest in lands against his co-tenant who denies his right thereto.</p>