Vonfeldt v. Schneidewind

Citations

• 109 Kan. 265
• 198 P. 958
• 1921 Kan. LEXIS 120

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cotenancy — Deed by One Cotenant — Purporting to Convey Full Title —Possession Taken by Granteei — Possession Adverse to Remaining Co-tenants. A deed describing the grantors as the sole and only heirs of a former owner who had died intestate, and the property conveyed as the land itself, is to be interpreted as purporting to convey a full title, and possession taken under it is presumed to be adverse to any heirs not joining in its execution, notwithstanding its covenants are that the grantors are seized of “a full interest” and will warrant and defend “their said interest.”</p> <p>2. Same — Adverse Possession. The evidence is held to show adverse possession for more than fifteen years, and the acquiring of title by the plaintiff before the action was begun.</p> <p>3. Same — Evidence. The question whether certain evidence was properly admitted is not passed upon because the error, if any, would not be a ground of reversal.</p>