Hinnen v. Artz

Citations

• 99 Kan. 579
• 163 P. 141

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Misdescription of Property — Amendment to Petition— No Error. No error is committed in allowing a petition in ejectment to be amended by changing the description of the property sought to be recovered, where no contention is made that the bar of the statute of limitations has fallen between the beginning of the action and the making of the amendment.</p> <p>2. Will — Reference to Property Devised — Sufficiently Definite. Where a will, after disposing of the southwest quarter of the southwest quarter and the northwest quarter of the northwest quárter of a section of land owned by the testator, in devising the remainder of the section speaks of each of these tracts as “the 40 acres” already so disposed of, although in fact neither contains quite that area, such reference does not justify an inference that by the first devise anything was intended to pass excepting the two quarter quarters described, as laid out by the government surveyors.</p> <p>3. Will — Construction by Probate Court — Evidence. The admission of evidence of the construction of a will by the probate court held to be nonprejudicial, because the interpretation in support of which it was offered was correct as a matter of law.</p> <p>4. Ejectment — Boundaries of Land — Recitals in Deeds — Evidence. Where the owner of a tract of land claims that he .and his grantors acquired an adjoining strip by a boundary agreement and by adverse possession, no error is committed against him in admitting in evidence the deeds through which he claims, and which make no reference to such strip.</p> <p>5. Same — Tax Rolls — Evidence. In such situation no error is committed by admitting evidence that the property continued to be carried on the tax rolls by the original descriptions.</p> <p>6. Trial — Evidence—Conclusion of Witness. The overruling of.objections to testimony on the ground of its stating the mere conclusions of the witness held not prejudicial where the facts we