Home/Supreme Court of Kansas/Grape v. Laiblin

Grape v. Laiblin

314 P.2d 335, 181 Kan. 677, 1957 Kan. LEXIS 410
CourtSupreme Court of Kansas
DecidedJuly 31, 1957
Docket40,498
StatusPublished
Cited by1 cases

This text of 314 P.2d 335 (Grape v. Laiblin) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grape v. Laiblin, 314 P.2d 335, 181 Kan. 677, 1957 Kan. LEXIS 410 (kan 1957).

Opinion

The opinion of the court was delivered by

Fatzer, J.:

This action was brought by plaintiff (appellant) to quiet title to certain real property located in Atchison County, Kansas. Only that described as the northwest quarter of section 20, township 7, range 22, is in dispute.

The trial court decreed that plaintiff’s title be quieted to that portion of the northwest quarter of section 20 owned by him, except a 30-acre triangular tract in the northeast corner marked in white ink as “disputed area” on the following aerial photograph prepared by the United States Department of Agriculture in 1954.

The “disputed area” is the land involved in this controversy. The trial court found that the defendants (appellees) Otto and Gertrude Pohl were in possession of the disputed area, but it made no order affecting the title to that area other than to reject plaintiff’s claim of title, and since the defendants Pohl and intervenor Price did not cross-appeal, the sole question presented is whether plaintiff has title to the disputed area.

Plaintiff claimed title to the disputed area by a deed dated January, 1954, from the executors of one Dugan estate and also from a number of heirs and legatees of one Hiram C. Dugan. The Dugan family had owned the northwest quarter of section 20 since 1865, and in 1919 they quieted title to all of the northwest quarter of section 20 except 30 acres in a square in the southwest corner, which had previously been conveyed to another party. Although the record does not indicate the acreage of the northwest quarter when judgment was rendered quieting title, the parties concede that sometime between 1917 and 1919 most of the northwest quarter of section 20 was in existence. As indicated, the trial court did not decree ownership of the disputed area but found that defendants Pohl were in possession. For the purpose of this opinion, it is unnecessary to set forth the conflicting claims of defendants Pohl and intervenor Price except to note that each claimed title to the southwest quarter of section 17 and ownership to the disputed area as accretions thereto.

The land in question is low river-bottom land adjacent to the Missouri river and has grown up to rank brush, timber, and weeds.

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Cite This Page — Counsel Stack

Bluebook (online)
314 P.2d 335, 181 Kan. 677, 1957 Kan. LEXIS 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grape-v-laiblin-kan-1957.