Young v. Bigger

Citations

• 73 Kan. 146
• 84 P. 747
• 1906 Kan. LEXIS 220

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ejectment — Partial Recovery — Costs—Denial of. Plaintiff’s Right Need Not be Alleged. Where a petition in ejectment alleges a full title,' and the answer includes a general denial, coupled with the statement that the defendant owns only a fractional interest in the property and has no information regarding the ownership of the remainder, the plaintiff, upon proof of partial title, is entitled to a proportionate recovery and to a judgment for his costs, such a case not being within the contemplation of the code provision requiring a tenant in common in suing a cotenant for the possession of real estate to allege that the defendant has denied his right.</p> <p>2. - Sufficiency of the Evidence. The evidence examined and held not to support the judgment.</p> <p>3. Tenancy in Common — Payment of Taxes by a Cotenant — Lien. The owner of an undivided interest in real estate who is not in receipt of any income from it, and who has not ousted his cotenant, is entitled upon paying taxes on the entire property to a lien for the amount paid in excess of his proper proportion, which may be enforced against his cotenant’s grantee who takes title by a quitclaim deed.</p>