Swarz v. Ramala

Citations

• 63 Kan. 633
• 66 P. 649
• 1901 Kan. LEXIS 198

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Title and Ownership— Effect of Survey. The title to real estate is not put in issue in the determination by a county surveyor, under the provisions of chapter 89, Laws of 1891 (Gen. Stat. 1901, §§ 1797-1824), of the true boundary line between two quarter-sections of land.</p> <p>2. -Estopped by Acquiescence in Survey — Constitutionality of Act. When the owner of a quarter-section of land claims title to a strip of ground adjacent thereto by adverse possession, upon condition that it forms a part of such quarter-section, and, after the location of the quarter-section line has been determined by the county surveyor under the provisions of the statute, and it is determined by the report of the surveyor that such strip of ground is not comprised in the quarter-section of which he is the owner, and he acquiesces in the report made by the surveyor, held, that the claimant to such strip of land by adverse possession is not in position to contest the constitutionality of the act under which the county surveyor proceeded in the location of the line, on the ground that he has been denied by such act the right of trial by jury in a case in which the right to trial by jury is guaranteed by the constitution.</p> <p>3. -Survey — Eight of Trial by Jury. The right of trial by jury is not guaranteed by the .constitution to litigants in all cases, but only in such cases as were properly triable by jury before the adoption of the constitution. In chancery and statutory proceedings the legislature has the power to dispense with trial by jury. The establishment of corners and the location of boundary lines by a county surveyor, under the provisions of chapter 89, Laws of 1891 (Gen. Stat. 1901, §§1797-1824), is a statutory proceeding.</p>