J. R. Crowe Coal & Mining Co. v. Atkinson

Citations

• 85 Kan. 357
• 116 P. 499
• 1911 Kan. LEXIS 74

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Final Judgment — Where All Issues in Controversy Tried to Jury Form of Action Immaterial. Where a controversy over a question of the title and right of possession of real estate has been tried out in an injunction suit in which a jury trial has been had as a matter of right, and each party has had a full opportunity to present and support its contentions, even if it should be held that ejectment would have been a more proper form of action the judgment rendered will not be reversed on that account.</p> <p>2. Adverse Possession — Possession of Surface Under Absolute Title Not Advers'e to Previously Acquired Mining Right. A possession of the surface of land, exercised for agricultural purposes only, although taken and held under an ordinary deed purporting to transfer the complete ownership, is not adverse as to mining rights previously severed by a reservation in a conveyance in the same chain of title.</p> <p>3. Deed — Reserving Underlying Minerals — Taxes—Ownership. Where the owner of land executes a conveyance reserving the underlying minerals, the fact that he does not thereafter pay taxes on the mineral is not in derogation of his claim to its ownership, where it has not been separately assessed and the taxes charged against the land have not been increased by reason of its existence.</p>