Wood v. McAlpine

Citations

• 85 Kan. 657
• 118 P. 1060
• 1911 Kan. LEXIS 133

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Jury — Challenge to Array — Refused—Not Error. Under the law relating to jurors in counties having a population of 100,000 or over (Gen. Stat. 1909, §§4630-4639), requiring the jury list to be revised each year, it was not error to overrule a challenge to the array on the ground that such revision had not been made, it appearing that several hundred names of competent jurors still remained in the box.</p> <p>2. Riparian Rights — Accretion—Reliction—Avulsion. A deed describing land as beginning at a point on the bank of a navigable river, running thence along the river bank, presumptively carries with it the rights of accretion and reliction, but if the land adjoining the bank has been recently lost-by avulsion such deed will not estop the grantor from subsequently claiming such land upon its reappearance otherwise than by natural accretion or reliction. Land added to the bank by accretion or reliction unaided by artificial means belongs to the grantee.</p> <p>3. - “Avulsion” Defined. To constitute avulsion along the Missouri river bordering upon Kansas, the bank must be. destroyed or removed suddenly, visibly, rapidly, violently, in substantial quantity, and in a manner unusual to that river.</p> <p>4. -Same. To constitute avulsion it is not essential that the land torn away be removed intact so as to be capable of location or identification.</p>