Schoonover v. Tyner

Citations

• 72 Kan. 475
• 84 P. 124
• 1905 Kan. LEXIS 379

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership — Adverse Possession by a Tenant in Common. The law presumes the possession of a tenant in common to be the possession of all cotenants, and before such possession can become adverse there must be an actual ouster of all cotenants.</p> <p>2. -Inconsistent Positions Toward Cotenants by One in Possession. A tenant in common in possession cannot occupy the opposing positions of recognizing and purchasing the interests of some of his cotenants, and at the same time claim that he has ousted the other cotenants.</p> <p>3. - Condition Precedent — Ouster — Adverse Possession. Before a tenant in common can rely on an ouster of his co-tenants he must claim the entire title to the land in himself, and must hold the exclusive and adverse possession against every other person.</p>