Fear v. Barwise

Citations

• 93 Kan. 131
• 143 P. 505
• 1914 Kan. LEXIS 394

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale — School Lands — Insufficient Notice of Forfeiture. An attempted forfeiture in 1895 of a school-land sale was evidenced prima fade by the entry “Forfeited See Files,” but the testimony showed that the notice was not. addressed to any one then shown by the records in the county clerk’s office to have any interest in the land. Held, that such notice was insufficient and such attempted forfeiture void.</p> <p>2. Same — Adverse Possession — When Hostile Adverse Possession Begins. One taking possession of school land, a sale of which is supposed by him to have been forfeited, erecting a house, making other improvements, and continuing to live therein for years, thereby begins a hostile adverse possession as against the former purchaser, although he does not for a year or more enter into a contract with the state for the purchase of the land.</p> <p>8. Adverse Possession — What Constitutes Adverse Possession. Possession to be adverse need not be under color of titles, but must be with claim of right. .Claim of right, claim of title, claim of ownership, and hostile possession, are different expressions used to indicate the intention of the possessor to appropriate the land to his own use regardless of his rival’s claims.</p>