Long v. Myers

Citations

• 109 Kan. 278
• 198 P. 934
• 1921 Kan. LEXIS 124

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action in. Ejectment — Boundary Line — Division Fence — Adverse Possession. In an action for possession of a strip of land the plaintiff’s testimony tended to show that the line between the contesting landowners had for more than fifteen years been marked by a fence up to which each had farmed, but so marked only tentatively, and not by agreement that it should constitute the real boundary. Held, error to sustain a demurrer to the plaintiff’s evidence.</p> <p>2. Same — Title Erroneously Quieted. The decree quieting title in the defendant, being based on this evidence, was erroneously granted.</p>