The advocate., 1897-05-26
Published May 2e, 1917
Appellate Court SylIabi,

SOhAeya AANA5@9s
Error from Ford County.
REVERSED
SYLLABUS. Blythe COURT. sCHooNovER, ].
1. Where q Board Of County Commissioners
by written order designates paper as the
official paper Of the county, for term exteno-
ing beyond the life Of the board, such oTder'
while not binding on the new boald, VIII re-
main in force until revoked.
3. The Board Of County Commissioners OF
county NAV designate In what paper tne
County Treasurer shall publish the final
tax notice, but they cannot prescribe the time
when such notice shall be published; this IS
fixed by law, and the Treasurer Is ohargeu
with the preparation Of the notice and the
publication thereof
2, When Treasurer prepares his tax sale re-
demption list and final tax notice at the usual
time, and proceeds to have 1t published In the
official paper Of his county, he has discouraged
his duty, and he cannot be required by the
Board Of County Commissioners to furnish
new list for publication In o paper they may
thereafter designate as the official paper.
4. Where the publisher Of an official paper OF
the county, without collusion, ana st the
usual time, receives from the County Treas
urer the tax sale redemption list and final tax
notice and proceeds to publish the same, he
Is entitled to recover the amount due him up
to the day his successor Is designated.
Dennison, P. j., concurring.
Milton, j., not sitting, having been OF coun-
sell.
A true copy. u,n, ,
fsEEIi Clerk.
Kansas Court Of Appeals, Southern Depart
ment, Western Division.
A. ]. Buckland, ct al.,
Joseph Mcbride, ct al.
No. 81.
Joseph Mcbride, ct al,
A. ]. Buckland, ct oil.
Error from Barton County.
AFFIRMED.
SYLLABUS. BY THE COURT DENNIsoN, P. ].
1. We cannot determine that the trial Court
erred in its Interpretation Of note and deed
which are not set out In the record brought to
this Court.
q When the note and deed are not contained
in the record brought 90 this Court, we must
presume that their terms and conditions were
sufficient to uphold the rulings and findings
OF GN6 OOuTG Gu6T6Ous
All the Judges concurring.
Attest: E.J. WEsTGATE,
TsRALl Clerk
Kansas Court Of Appeals, Southern Depart
ment, Western Division.
No. 81.
The Phoenix Mutual Life Insurance Co.
vs..
E. A. Beaman and Ella A. Beaman.
Error from Stafford County.
AFFIRMED.
SYLLABUS. BY THE COURT. DENNIsoN, p. ].
1. Where q person Is in the actual possession
Of and claims title to real estate, and mas COM
menced an action In ejeCtment to recover the
possession thereof which he afterwards
changes by an amended petition to an action
for specific performance: Held, that his pos
session and the notice IL imparts are SUFFICIENT
to preserve his rights, even though no suit
had been pending at the time, ana render
critical examination Of the doctrine OF Its pen
denS unnecessary.
O. One Of the elements necessary to entitle
person who has paid o mortgage debt 70
substitution and to lien upon the mOrtgaged
premises Is, that the owner Of the mOrtgagod
premises at the time the payment 10 made is
in equity and good conscience bound to pay
the debt.
8. Where person desires to be suhrogated
to the rights OF a mortgage whose, mortgage