Peterson v. Hollis

Citations

• 90 Kan. 655
• 136 P. 258
• 1913 Kan. LEXIS 283

Syllabus

<p>SYLLABUS BY THE COURT. .</p> <p>1.' Boundaries — Oral Agreement — Division Fence — Adverse Possession. Adjoining landowners orally agreed that one was to assist in resetting and maintaining a hedge on the land of the other, near and parallel to their boundary, and that in return therefor it was to become their dividing line. The work was done and possession was taken and held accordingly. The question whether the contract was thereby taken out of the statute of frauds is suggested but not decided.</p> <p>2. - Same. Where a landowner holds up to a fence, with the purpose of claiming it as his boundary irrespective of whether or not it corresponds with the true line, and does nothing inconsistent with this intention, his occupancy is adverse, even although the adjoining owner supposes he intends to claim only what he originally owned.'</p> <p>3. Title — Adverse Possession for Fifteen Years — New Survey. The title to the land up to a fence, which has been gained by adverse possession for fifteen years, can not be devested by a survey called to establish the original surveyor’s boundary line.</p>