The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-04

l. Before April IS6l the county of Usage was
orzanlZ ID and an execution then issued upor
a Judgment ia Shawnee county directed IN
the sheriff of Shawnee county, gave the lat.
ter no authority TO levy upon and sell real
estate situated in Usage county, and where
Notwithstanding such want of authority, the
sherifdid SO levy and sell, his deed made
without any confirmation of the sale was
invalid and imperative To transfer title.
2. In the absence of express provisions to
the contrary, the powers of an orrlcer are
limited TO the territory of which he Is an
officer.
In action by judgment debtor TO recov.
er real estate sold upon execution, where the
defense is sherifi's deed of record for over
statute OF limitations, the absence OF the de.
PENDANT from the state will prevent the run
ming OF the statute as in other cases.
8 Where on actiOn Is brought against hus-
band and wife to recover the possession of
premises claimed by them as a homeste adj ,
and he sets up IN defense "A sheriff's deed to
himself of record more than five years, and
1t is adjudged that by reason OF his absence
from the state and the invalidity of the deed
the defense must fail, neither he nor she can
sustain a defense by reason or such deed and
her presence In the state and occupation of
the premises for more than n We and less than
fifteen years, The hOme-te right does not
enable them in suchcase % unite into one
good defense two separately insufficient de-
lenses.
All the Justices concurring.
a true copy attest; C. J. BRIwN,
U.s. CIerk Supreme Court.
No. I6r6-Ale1ander Thompson Va. James
X. Garrisoo, ct ai.-Error from Miami
County Reversed.
By THE COURT. BREWER, J.
and uni Incorporated association of which they
are members, Invite third party 10 perform
services, and in pursuance thereof such ser
vices are performed, the parties inviting are
responsible, either as signing the inVltatlon
or as mem bers of the association.
All the Jcstices concurTlng.
A true copy. Attest. j. c. BROWN.
Clerk Supreme Court.
No I6iT-H $ Campbell vs. ID Coonrajt.- Error
from Miami countywReversed.
By THE COURT: HORIZON, c. ]
a vacant lot, under a bona fds claim OF title,
with a view of holding possession and then
incloses the lot with fence composed OF
posts and barbed wire, of such nature As TO
inform all persons that the premises are ap-
propriated- Held, That such persons has the
actual possession Of the premises.
2. 1.-THE actual possession of another be
taken, in his absence, by unIawfully and
forcibly removing and destroying with "A
cnisel and a Ratchet or hammer. wire fence
enclosing the premises, and such possession
Is continued 10 De detained against the will
and consent of the origins possessor. and a
surrender of the premises is refused upon
demand. Had, An unlawful and forcible
entry and detainer within the meaning OF
Sec. ISIS. Art-1 Is, Chap 81, p. ~ of Dassler' q
Comp. Laws, 1873.
All the justices concerning.
A true copy. Attest: CT BROWN,
(L.s) Clerk Supreme Court.
| ers of Brown county VS. George Z T Roberts
administrator OF the estate of VIM II Rob.
erfs. deceased. Error from Brown county
Affirmed.
i. Where the records do not contain all the
evidence, the judgment of the trial cour,
cannot be successfully challenged in this
cour; on the ground that the evidence doe
This court will not ordinarily reverse
the judgment of the trial court for alleged
| error in giving and refusing Instruction.
when all the instructions given in the case
are not embraced in the record.
| s. No presumption Of error arise from An
| imperfect record, but error must be clearly
| and Affirmative y shown and sucn error mus
be material and prejudicial to the party COM
An the justices concurring.
A true copy. Attest: Z. j. BROWN.
lis Clerk supreme Court.
| The State ex REL VS.. William T. Ewing Or
iginai Proceedings IN Msndamus.-Juas-
| ment for Defendant.
1 By THE COURT. BREwER, ]
| l. Section of chapter I43 of the Laws oil
| 1879, page 40, works by implication - repea
OF ali prior enactments providing for the lev.
OF q one mill tax for the State and schoo
| fund.
2. said section is not invalid By reason o