McKim v. Carre

Citations

• 72 Kan. 461
• 83 P. 1105
• 1905 Kan. LEXIS 375

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Highways — Prescription—Condemnation under a Void Statute —Election of Remedies. The fact that one who claims to have acquired by prescription a right of way across the land of his neighbor institutes proceedings under a void statute to have the land condemned for a private road for his bene-' fit is not such an election of remedies as will preclude him from thereafter asserting such prescriptive right.</p>