Raedell v. Anderson

Citations

• 98 Kan. 216

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. LICENSE — Use of Stairway — Revocation—Acquiescence. In 1883 the grantor of the plaintiff owned a part of a city lot in Harper. The grantor of the pláintiff and the grantor of the defendant jointly owned an adjacent part of the same lot. Buildings were erected on these grounds, and a stairway was made in the building exclusively owned by plaintiff’s grantor which gave access to the upper floor of defendant’s building, and defendant’s grantor used the stairway. Later the stairway was closed, without objection from defendant’s grantor or from defendant, and remained closed for over twenty years. Held, that whether the use of the stairway was a license or merely permissive, the closing of the stairway and acquiescence for over twenty years were in effect a revocation of the right to its use.</p> <p>2. License — Use of StaArway — Foreclosure—License Cut Off. A claim of right to use a stairway as an appanage to adjacent property is cut off by a judgment of foreclosure in which the owner of the adjacent property is barred from all right, title or interest in the property which includes the stairway. Such judgment also bars all right to the space over the stairway.</p> <p>3. Injunction — Trespass on Real Estate. Injunction is a proper remedy against trespassers on real estate, and a jury trial is not demandable as a matter of right in a suit ag’ainst such trespassers.</p> <p>4. License — Use of Stairway — Prescriptive Right. No prescriptive right in realty arises unless the owner of the property has notice of the exercise of that right and of a claim thereto, or unless the exercise of the right is so visible, open and notorious that notice may be presumed.</p> <p>5. Pleadings — Amendment to Petition — Allowed at Chambers. No reversible error can be predicated upon an order of the district judge at chambers allowing the filing of an amended petition and of additional parties defendant, when the issues are thereafter made up and the cause