McBride v. Steinweden

Citations

• 72 Kan. 508
• 83 P. 822
• 1906 Kan. LEXIS 347

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Boundaries — Navigable Stream — Accretion. Where the Missouri river is designated as a part of the boundary between the states of Kansas and Missouri the middle of the main channel of the river is the boundary-line, and if the river shifts and its course is changed by the gradual process known as accretion the boundary-line will change with the river, and the center of the main channel as the river runs will continue to be the boundary between the two states.</p> <p>2. Watercourses — Ownership of the Accretion. Where the river so changes, the land formed by the gradual and imperceptible accretion from the water belongs to the owner of the shore-land to which it is added.</p> <p>3. -Island. In determining whether a formation in a river is an island or a part of the shore-land account should be taken of the size and stability of the formation, its physical features, and the relative size and permanence of the channels around it.</p> <p>4. -Instruction Defining an Island. In an instruction relating to an island, among other things it was said: “It may be stated by way of definition that to constitute an island in a river the same must be of a permanent character — not merely surrounded by water when the river is high, but permanently surrounded by a channel of the river, and not a sand-bar subject to overflow by a rise of the river and conneeted with the mainland when the water is low.” Held, not error as applied to the facts in the case.</p> <p>5. Ejectment — Title in a Third Party Not a Defense. Where the plaintiff in an action of ejectment establishes an interest or title to land paramount to that of the defendant, the latter cannot avail himself of an outstanding title in a third party, although it may be superior to that of the plaintiff.</p> <p>-6. -Evidence — Deed from •a Stranger. A deed from one not shown to have any interest in or connection with the land purported to be conveyed is inadmissible as evidence of title in an a