Molyneux v. Grimes

Citations

• 78 Kan. 830
• 98 P. 278
• 1908 Kan. LEXIS 151

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways' — Establishment — Public Lands — Acceptance of Congressional Grant — Subsequent Settlement — Easement. An order of a board of county commissioners, otherwise regular, undertaking to establish a highway across public land of the United States operates as an effectual acceptance of the congressional grant of a right of way for the construction of highways (U. S. Rev. Stat. 1878, §2477), and one deriving-title to such land through a settlement subsequently made takes it subject to the easement so created.</p> <p>2. -Record of Notice of Meeting of Viewers. The requirement of the road law (Gen. Stat. 1901, § 6018) that a record1 of the notice of the meeting of the viewers shall be entered in the commissioner’s journal by the county clerk is satisfied by copying the contents of such notice in the journal, no reference to the fact or manner of its publication being required.</p> <p>3. - Publication of Notice of Meeting of Viewers. Inasmuch as the statute does not require proof of publication of such notice to be filed or otherwise made of record in the county clerk’s' office, the fact that a memorandum made in the journal that the notice was published in a particular manner is not sufficient evidence that no other publication was made to overcome the presumption in favor of the regularity of official proceedings when collaterally attacked.</p> <p>4. - Presentation of Petition — “ Regular Meeting ” of County Commissioners. The meeting of the board of county commissioners at which they are required to elect a chairman (Gen. Stat. 1901, § 1636) is a “regular meeting” within the meaning of that phrase as used in the provision that road petitions shall be presented at regular meetings (Gen. Stat. 1901, § 6018), and road viewers be then appointed.</p> <p>5. - Location — Survey — Irregularity — Proceeding Not Void. Although the statute requires that ordinarily the county surveyor shall meet with the road viewers, expressly authorizing