Briggs v. Rule
Briggs v. Rule
Opinion of the Court
The opinion of the court was delivered by
The action was one to quiet title to a lot in Kanorado. The defendant prevailed and plaintiff appeals.
The plaintiff contends that no title ever vested in the defendants or their grantors through the receiver’s receipt; that the various conveyances to defendants and their grantors were executed ahd consummated while the land in question was still government land; that defendants and their grantors were simply trespassers upon public land; that they acquired no title and no rights before or after the issuance of the patent to John M. Moseby. Plaintiff’s contention is not sound. The registry of the original homesteader’s final receipt is sufficient basis for title. (R. S. 60-2865; Weeks v. White, 41 Kan. 569, 21 Pac. 600; Buchwalter v. School District, 65 Kan. 603, 67 Pac. 831; Spaeth v. Kouns, 95 Kan. 320, 148 Pac. 651.)
There was evidence showing that the defendants and the Kansas • Town and Land Company entered upon the land, surveyed it into lots, streets and alleys. Such entry was visible, actual and hostile to the right of the patentee Moseby. There was evidence that the
There was evidence that plaintiff began paying taxes on the lot in controversy about 1908; that he paid other taxes in subsequent-years ; that he took actual possession of it about the time of the recording of the patent and the deed to him in 1911 and that he built a fence on one side of it in 1916 or 1917. There was also evidence that the defendants paid the taxes of 1922, and that the fence mentioned was not on the lot in controversy. While the possession of plaintiff under claim of ownership was adverse to the rights of the defendants, it was not open, notorious and exclusive for a sufficient length of time (15 years) to ripen into title. Other than as stated, it would serve no useful purpose to detail the evidence. The final receipts on which defendants and their grantors based their title, together with the actual possession of the property originally assumed by them, ripened into a good title which was not afterwards cut off by the recording of the patent and the assuming of possession by the plaintiff.
Various questions are raised, all, however, pertaining to the questions discussed. The record discloses no error.
The judgment is affirmed.
Reference
- Full Case Name
- C. H. Briggs v. Libbie M. Rule
- Status
- Published