Guthrie v. Board of County Commissioners of Atchison

Citations

• 94 Kan. 584
• 146 P. 1157
• 1915 Kan. LEXIS 132

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highway — Road Regularly Laid Out — Defective Record of Proceedings. Where a proper road petition is filed with the county clerk, a bond given and approved, viewers appointed, public notice given, personal notice given, the road viewed, recommended by the viewers, and ordered established by the board of county commissioners, the road is regularly laid out, although the record of the proceedings may be defective.</p> <p>2. Same — Owners of Land Absent from, County — Service of Notice on Agent. Personal service of notice is not required upon owners through whose land a road is to be established, when those owners can not be served in the county because of continued absence therefrom, although their permanent place of residence may be within the county.</p> <p>3. Same — Service of Notice on Tenant in Common in Charge of Land, Sufficient. A tenant in common of real property, who looks after the lands belonging to himself and his co-tenants, who are his brothers and sister, rents the lands, collects the rent, pays current expenses and the taxes thereon, is such an agent as is contemplated in section 7277 of the General Statutes of 1909, when service of the notice required by that statute can not be personally made on the other owners of the land, because of their absence from the county.</p>