Wendell v. Heim

Citations

• 87 Kan. 136
• 123 P. 869
• 1912 Kan. LEXIS 108

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Public Records — Highway—Easement. The provisions of section 369 of the civil code authorizing the admission in evidence of the record of an instrument properly recorded in any public office, without preliminary proof that the original is not in possession or under the control of the party desiring to use it, furnishes the rule for the admission of such testimony, notwithstanding the provisions of section 1678 of the General Statutes of 1909, relating to conveyances, which authorized the admission of such secondary evidence .upon proof of the loss or destruction of the original instrument.</p> <p>2. Conveyance — Reservation of Easement. A right of way may be acquired by reservation in a conveyance of part of a tract for the benefit of the part not conveyed, and may pass by a conveyance of the latter, as an appurtenance.</p>