Peyton v. Waters

Citations

• 104 Kan. 81
• 177 P. 525

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership — Boundary Lines — Land Inclosed by Fence— Adverse Possession. Where an owner allowed a part of his land to be occupied by a neighbor, who by his permission built a fence inclosing it with his own property, and after the death of such neighbor his widow continued in the occupancy of the tract so inclosed, knowing nothing of the agreement, and supposing that the fence stood upon the true line between the original tracts, the possession of the neighbor was not adverse, bepause of its having been permissive, and the possession of his widow was not adverse, because she had no intention of asserting ownership beyond the actual boundary.</p> <p>'2. Same — Rights of Successor in Otvnership. In that situation, it is not necessary, in order to settle the question whether the widow’s possession was adverse, to decide whether the license granted to her husband survived for her benefit.</p> <p>3. Same — Assertion of Ownership. The evidence held to support a finding that the widow never intended to assert ownership beyond the true boundary of her land.</p> <p>4. Same — Trial 'without Jury — Incompetent Evidence. The rule applied that the admission of incompetent evidence in a trial without a jury is not of itself a ground of reversal, where there was competent evidence to the same point.</p> <p>5. Same — Authority of Agent Not Shown. Because the authority of the agent of a landowner was not shown, it is held that the trial court properly rejected evidence of an agreement made by him with regard to á boundary line.</p>