Sparks v. Bodensick

Citations

• 72 Kan. 5
• 82 P. 463
• 1905 Kan. LEXIS 299

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Descents and Distributions — Real Estate — Alien Heirs. The provision of the original section 17 of the bill of rights of the state constitution, that “no distinction shall ever be made between citizens and aliens in reference to the purchase, enjoyment or descent of property,” made the statute of descents and distributions apply to aliens as well as to citizens, and enabled the former to inherit real estate in Kansas.</p> <p>2. Title and Ownership — Adverse Possession. Where one entered upon land of an intestate under a deed from persons who in fact had no title but who were described therein as all of the intestate’s heirs, and afterward purchased the interest of a part of the true heirs under circumstances tending to show a recognition of their ownership, the fact that he then made unsuccessful efforts by advertisement in newspapers and otherwise to ascertain whether there were any other heirs is a circumstance from which a trial court is justified in finding that the possession of such occupant was not at that time adverse to the heirs who had not conveyed their interest to him, notwithstanding he was in complete control of the property, paying the taxes, making improvements and collecting the income without accounting to any one.</p> <p>3.--- Case Followed. The second paragraph of the syllabus in Russell v. Hallett, 23 Kan. 276, approved and followed.</p>