The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-09-25

is entered
All justice copcurrfng,
A true copy: Attest. {. J. BROWN
Isl Clerk Supreme Court.
No. i4S-The First Nationsl Bank, etc. VS..
Josephus warner 1T sl-Error from Riley
County-Affirmed.
BY THE COURT. BREWER J.
/. W. settled upon and for nearly twenty
years occupied tract OF land OF ls0 acres.
HIS iamily at nrst consisted OF a wife and
three children. His wife died. Then his
oldest son married, and moved 10 new
| home. Then his daux liter, VINO was of age,
married, and he leased for one year the
| farm 10 such daughter and her husband,
reserving u home for himself snd minor
son. After the expiration Of one year the
lease was continued for another year upon the
same terms. The minor son worked Tor his
bruther-ln law on wages. Before the close OF
| the second year W. in conse quence of failing
eyesight and health, decided TO such minor
son and the married daughter upon the con-
sideratlon OF their furnishing him home
and taking care Of him during the remain
der of his life. Held, that at the time of such
stead OF W. and exempt from seizure and sale
upon execution.
An the justices concurring.
Isl Clerk Supreme Court
No. l.i6i,-wm Heckelkaemper ct al. VS..
the German b. & s.. Association-Error from
Atchison County.-Affirmed.
BY THE COURT. BREwERJ.
Ion O.tober s:h, 1874, Il. executed a note
and mortgage to the German Building and
| savings Association. II. was member OF the
| association. The note Was an ordinary
Boz! giSe'' on june l. ISL. with intef !
| est payable monthly. The mortgage con.
veyed as security for the note certain real
estate and shares in the association and
stipulated foreclosure on default IN payment
| OF principal, interest or dues on the shares.
At the time OF the execution OF this note and
mortgage Ii. only received q portion OF the
IS 90 In cash, the balance being the
amount of the premium bid by him for the
loan. The constitution OF the association
provided tina. on default in payment of IN
| ierest the directors should compel payment
| of principal and interest. II. defaulting In
interest and dues suit In foreclosure was
| commenced. The court ignoring the pre-
MUM rendered Judgment in favor Of the
association the basis of the cash received
by II. and decreed foreclosure and sale OF all
| the mortgased property. Held No error OF
| which II. n As any cause OF complaint.
| 2. The constitution originally provided
| that a member whose shares were unpledged
| for loans might give notice Of Withdrawal at
any time and that from and after such notice
| all dues on such shares should cease, In
| June 1876 all the holders of unpiedged shares
gave notice of withdrawal and thereupon
| the section of the constitution requiring the
pay ment OF dues on shares was amended SO
| as TO provide that no dues be thereafter
required from the unpledged shares.
Another amendment was ESQ then adopted
changing the manner in which Withdrawn
| shares We're TO be paid OF, and instructing
the directors To close the business Of the
association. Held, That these amendments
| in no manner changed the contract evidence
| by the note and mortgage or released either
party from any obligations thereon.
All the justices concurrlnS.
A true cory. Attest, c. J. BROWN,
IL. Clerk Supreme Court.