The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1875-10-21

Umpire. Mr.. VanIor1
Scorers E. W. waynant and A. Lawrence
Time, two hours.
Six clubs expected compete for the three pre-
miums viz ESQ So and $40 but only three clubs were
represented The sabeiha club put in an appearance on
Friday and after playing scrub nine innings and
almost suffering defeat became dsgusied and went
home the day. The Highland club went on Sltur.
day, expecting play with the Falls City club Again
disappointed. they have disbanded. There
only two clubs to enter, the Hawatha Brown Sox
and the Highland club. premium of $50 was then offer
ed, which boys easily took the above will
show. As there many premiums awarded at the
fair and this being the last day. the committee did
give US piece of -blue ribbon, they Just
We obliged to bring Close home with only a cord
string around his stockings ~ About six seven hun
dred persons witnessed the game. They didn't have
enough deputy she riffs and marshals the ground
keep spectators out of the way of players number
good plays both sides lost. Everything passed
of harmOniOusy the Hiawaha boys noted for their
ceverness They will please accept thanks for kind
ness shown during the day.
We expecting the best game of the season. next
Friday Were sorry learn that the professionally had
failed to connect with the Troans. We know how you
feel boys but when Highland you will find
everything ready. The result remains to be
SuPREME Court DEcIsoxs-Among the latest published
syllabi of the Supreme Court find the following
cases from DOniphan County:
The State John W. Harpster.
Appeal from Doniphan County.
ArPEAL DISMISSED.
By the Court Brewer, J.
l. No appeal be taken FROM the Judgment of Jus
tice Of the Peace directly to this Court Consultation
All the Justices concurring
Henry Churchill VS.. W. W. Moore.
Error from Doniphan County
REVERSED.
BY the Court Valentine, ].
Where Constable at the instance of the Judgment
creditor hut without any express contract of indemnity
therefor levied upon certain property believed to belong
10 the Judgment debtor but which in did beon
to the judgment debtor, but belonged third person
and this third person Immediately repeved property
but the Constable a redevery bond and retained
the property and afterwards sold the same the
ton to the Judgment creditor amount of the udg
ment and costs and judgment afterwards rendered
favor OF said third person and against the Constable for
return of the property the value thereof in
turn could not be had and for Held that even
the acts Of the Judgment creditor such that
piled contract Of indemnity may be presumed still as Ions
the claim Of the third person unsatisied the
creditor and that in like this the Constable
from the Judgment creditor than his actual
loss already sustained.
All the Justices concurring.
Elan Rice adouska Rice Samuel Rice Alfred Rice Eliza
Jane Combs, Johanna Boyd Young, and John Rice, vs..
Samuel POynter.
Error from DOnphan County.
REVERSED.
BY the Court. Valentine, ].
l. In action to reform a Sheriff. deed make
il read section instead of section where same
occurs it shown follows: The Judgment under
which the Sheriff deed executed ordered that
tain lands in section should be sold but the recitas
the deed itself show that the order of sale issued by the
clerk in pursuance of said judgment directed that land in
section % and not in section should be sold and said
recals also show that the Sheriff had said land in section
appraised and that he the sale
sold the and did not have anything do with said
Land in section Z; and IL shown by other evidence.
that the notice of the sale published in the newspaper
notice that said land in section ~ and in
tOn would be sold: and there evidence inroduc
ell tending To contradict the recs in the Sheriff deed
and the said Sheriff sale after it made and prior
the execution of said deed, confirmed by the COur
upon pdTte motion of the plaintiff in that action
Held that under the circumstances of this the Ser
iff + deed cannot be reformed
Where all the files of the papers in a have been
destroyed by ire IL is Court permit
party to introduce in evidence the testimony of the pub
Usher of newspaper. and the paper in which the
of Shers sale of real estate published for the pur
pose of showing the contents of said notice. and especially
when such evidence does tend contradict but
cOrrUbOate the recits in the Sher deed executed in
pursuance of such sale.
3. An pdTte confirmation of Sheriff. sale is
elusive evidence binding upon all parties may posi-
bly, be affected by it, that the land ordered be sold by
the Judgment sold and that it regularly and lie
gdlly sold.
AL the Justices eoncurrins