Wideman v. Faivre

Citations

• 100 Kan. 102
• 163 P. 619
• 1917 Kan. LEXIS 271

Syllabus

<p>SYLLABUS 'BY THE COURT.</p> <p>1. Evidence — Motion to Strike Out — Denied—No Error. It is not error to overrule a motion to strike out evidence when the objection to it is not disclosed and when its impropriety or insufficiency is not apparent.</p> <p>2. Trial — Findings of Fact — Conclusive on Appeal. Rule followed that where questions of fact have been determined by the trial court upon substantial and competent evidence, such determination is conclusive on appeal.</p> <p>3. Boundary Line — Hedge Fence — When Estoppel May be Invoked. The doctrine of estoppel can not be invoked to settle the ownership of a hedge fence when the issues of fact raised by the parties are so determined by the evidence and the findings of the court as to preclude the operation of estoppel.</p> <p>4. Same. Before the doctrine of estoppel can be invoked to settle a boundary line or the ownership of a fence as a boundary line, it must first be established that the parties have recognized the boundary line, or recognized the fence as the division line, and when the facts are resolved to the contrary, the doctrine of estoppel can not operate.</p> <p>5. Trial — Determination of Facts. Duty of trial court or jury in determining the facts from conflicting testimony discussed.</p> <p>6. Boundary Line — Hedge Fence — Rights of Adjoining Owners to Hedge Trees. Where a person has planted hedge trees on her own land and cultivated and cared for them they are her property; and although they are growing near the boundary line of a neighbor, such neighbor has no property in them, and unless the trees are doing him an injury he may be enjoined from meddling with them.</p> <p>7. Section 580 op Civil Code Discussed. Certain constitutional limitations of the scope of section 580 of the civil code discussed.</p>