Kinne v. Waggoner

Citations

• 108 Kan. 814
• 197 P. 195
• 1921 Kan. LEXIS 275

Syllabus

<p>SYLLABUS-BY THE COURT.</p> <p>1. Pleadings — Prolix and Defective Petition — Defendant Fully Informed as to Plaintiff’s Claim. Where the prolix, defective and inconsistent allegations in the pleadings of the plaintiff are clarified by the pleadings of the defendant, and defendant’s pleadings show that he has not misunderstood the issue between the parties, it is not error to overrule objections to plaintiff’s petition nor to overrule objections to the introduction of evidence.</p> <p>2. Agency — Husband and Wife — Circumstantial Evidence. The authority of a husband to act for his wife may be shown by circumstances; and the wife’s testimony that she had never given her husband such authority is merely evidence to the contrary which the trial' court may or may not believe.</p> <p>3. Action — Tried by Court — Presumptions as to Incompetent Testimony. Rule followed that where an action is tried by the court without a jury the presumption is that if incompetent evidence is admitted the court will not permit its judgment to be founded thereon.</p> <p>4. Adverse Possession — Boundary Line Between Two Farms — Erection and Maintenance of Fences. The facts touching the erection of a boundary-line fence between two farms, which the respective owners amicably and for many years regarded as located on the boundary line of their farms, and that the encroaching owner long possessed and enjoyed the strip of land between the true boundary line and the supposed boundary line, and that the owner of the land encroached upon had laid no claim thereto, examined, and held, that such facts are not sufficient to give rise to a claim of right by adverse possession in favor of the encroaching owner, where there was no evidence that the boundary line had been fixed by agreement, and when there was no evidence of the encroaching owner’s intention to claim adversely to his neighbor, and no evidence that his neighbor encroached upon had notice of such adverse claim.</p> <p>5. Same — Landowner