Shanline v. Wiltsie

Citations

• 70 Kan. 177
• 78 P. 436
• 1904 Kan. LEXIS 23

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Survey of Boundaries — Petitioner Who Was Present at Survey is Concluded by the Report if he Omitted to Appeal. One who joined in an application for survey for the establishment of the corners or boundaries of his land, under sections 1836, 1837 and 1838, General Statutes of 1889 (replaced by sections 1818 to 1822, inclusive, -General Statutes of 1901), who was present when his land was surveyed, and who omitted to appeal from the report of the survey, is concluded by it, notwithstanding that notice of the survey was not served upon him.</p> <p>2. -Presumption that Surveying Operations Were Continuous. Where the report of the survey of a congressional township shows that it was begun May 13 and completed July 30, one who wishes to challenge the result is not relieved from the necessity of appealing from the report within thirty days of the time it is filed by the fact that no- adjournments are shown by the report, when there is nothing to indicate that the surveying operations were not continuous between the dates named. In such case it will be presumed that no adjournments were had except those from one day to the next, and these need not be noted in the report.</p> <p>3. -Road Established and Used by Residents as Following Section-line, Contrary to Fact, Not a Dedication and Acceptance for Highway Purposes.' Where residents along a section-line mark out a road following such line as then understood to be located, and such road is generally traveled and is improved and put in repair by the township officers, such acts will not be interpreted as a dedication and acceptance for highway purposes of the strip of land actually marked out, used, and worked, where it is found that it in fact departs from the true position of the • section-line.</p> <p>4. - To Create a Public Road by Prescription, or Limitation, the Use Must be Adverse. Where a legal highway is duly established by order of the county board along a section-line, but the r