Harrod v. Burke

Citations

• 76 Kan. 909
• 92 P. 1128
• 1907 Kan. LEXIS 344

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Notice — Lis Pendens. The rule of lis pendens has no application to independent titles, not derived from any of the parties to the action nor from any one in privity with them.</p> <p>'2. Title and Ownership — Possession Acquired Pendente Lite —Presumption. All persons entering upon the possession of premises after the commencement of an action for the recovery thereof are, in the absence of evidence to the contrary, presumed to have so entered under the defendant therein.</p> <p>:3. Ejectment — Execution and Return of Writ — Presumption as to Regularity. Where the sheriff, under a writ of possession, returns that he has executed the writ, and has put out a person, naming him, who was not a party to the action, and has put the plaintiff in the writ in possession, it will be presumed, in the absence of evidence to the contrary, that he has performed his duty properly, and that the person so removed held under a party or some one in privity with a party to the action, and was therefore bound by the judgment.</p> <p>4. -Successful Party Entitled to Emblements. Crops immature and growing on real estate when the successful party in an action of ejectment is placed in possession of the premises are part of the real estate, and in the absence of proof' showing any right of severance belong to such successful party.</p>