Prest v. Black

Citations

• 63 Kan. 682
• 66 P. 1017
• 1901 Kan. LEXIS 207

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership — Records of Probate Court. The records of the probate court showing a claim of title to land, made by a stranger to the record chain of title, are not admissible in evidence as constructive notice to one who claims in the record chain of title.</p> <p>2. -Proof of Title — Recitals in Mortgage. A recital in a' recorded mortgage of real estate indicating the source of the title which the mortgagor claims, and likewise the* possession of the premises by a tenant claiming to hold under the same title, are not proof of the ultimate fact of title, but are only notices putting subsequent purchasers and mortgagees on inquiry, and depriving them of the character of innocent owners. They are of no avail against such persons unless followed by proof of title adverse to them.</p> <p>3. Fees and Salaries — Guardian ad Litem,. The fees of a guardian ad litem are not costs in the case, and therefore are not chargeable against the unsuccessful party.</p>