Gibson v. Fields

Citations

• 79 Kan. 38
• 98 P. 1112
• 1908 Kan. LEXIS 187

Syllabus

<p>SYLLABUS BT THE COURT.</p> <p>1. Permanent Improvements—Cultivation of Land. While it is recognized as the general rule that the plowing and cultivating of land theretofore under cultivation does not constitute a permanent improvement, the breaking and reducing of wild lands to cultivation does constitute such improvement.</p> <p>2. Ejectment •—■ Rent — Improvements—Counter-claims. Upon the adjudication of the counter-claims, where one in possession of land under a tax deed has been defeated by the holder of the legal title and claims compensation for permanent improvements and taxes paid, reasonable rent of the premises without the improvements should be offset, but not rent as increased by the improvements.</p> <p>3. -Rent. In such a case the rent is to be determined from the cash price usually paid for the use of like premises during the same time and in the same locality.</p>