Stark v. Meriwether

Citations

• 98 Kan. 10
• 157 P. 438
• 1916 Kan. LEXIS 4

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Riparian Rights — Accretions to Land — Question of Fact. Whether accretions have been formed from the main bank of a stream to an island in the channel or from the island to the bank is a question of material fact to be determined from the evidence, construed, of course, by reference to well-established principles governing the law of accretions. It is none the less a question of fact.</p> <p>2. Same — Rule for Apportioning Accretions to Land. The proper method or rule for apportioning accretions on rivers or other bodies of water between adjoining proprietors depends upon varying circumstances and conditions, so that it is impracticable to state a general rule that will apply in all cases.</p> <p>3. Same — Rule Adopted by Trial Court — Approval. On the facts stated in the opinion, held, that the adoption of a rule of apportionment between two adjoining proprietors by which each acquires a frontage on the new shore proportional to his frontage on the old one, by an extension of the original side lines, will not be disturbed.</p>