Long v. Myers

Citations

• 112 Kan. 395
• 211 P. 109
• 1922 Kan. LEXIS 456

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Boundary Line — Division Fence — Acquiescence of Parties— Adverse Possession. Where an owner of eighty acres of land sold the north forty acres of it to a grantee, and the grantor- and grantee measured off the conveyed land with a rope, both intending to have an official survey made some time but they never did, and where they erected a line fence knowing that it was two feet over on the land of the grantor but did not know that the fence actually encroached from 13 feet to 99% feet on the grantor’s land, and each used and occupied their respective lands up to the fence and no further, and the grantee and his successor claimed all the land north of the fence and the grantor knew of that claim and acquiesced in it for over twenty years, it is immaterial to the respective rights of the present title holders where the true line may be; the grantee of the north forty acres and his successor held all the land north of the fence by adverse possession, and the appellant owner of the south forty acres is barred of all claim thereto because of notice and acquiescence on the part of his grantor for a period in excess of that prescribed by the statute of limitations.</p> <p>2. Same — No Prejudicial Error. Other assignments of error examined, and nothing prejudicial to appellant discerned therein.</p>