Weber v. Gardner

Citations

• 110 Kan. 295
• 203 P. 705
• 1922 Kan. LEXIS 35

Syllabus

<p>SYLLABUS by the court.</p> <p>1. Quieting Title — Against Illegitimate Son — -“General and Notorious” Recognition of Illegitimate Son by His Father — Inheritance. In an action to quiet title by the grantee of collateral heirs against the illegitimate son of the deceased owner, the evidence examined, and held to support the trial court’s finding and judgment that the recognition of the son by his father was “general and notorious”; within the rules prescribed by the statute under which an illegitimate son can inherit from his father.</p> <p>2. Same — Plaintiff in Possession — Title in Defendant — Plaintiff Entitled to Compensation for Improvements Made. Plaintiff purchased a town lot from the collateral heirs of the deceased owner. He made improvements on the property which enhanced its value. Plaintiff brought an action to quiet his title against the illegitimate son of the deceased owner. The son’s “general and notorious” recognition by liis father was established, and the son’s title prevailed. Held, that before the plaintiff- can be dispossessed he is entitled to receive compensation for the enhanced value of the property occasioned by plaintiff’s improvements. “</p>