The advocate., 1897-05-05

absence OF any showing TO the contrary, the
court will presume that the question was set
tied during the session OF the jury In the jury
room. Misconduct on the part OF the jury will
not be presumed in the absence Of any evt.
dence OF such misconduct.
All the judges concurring.
A true copy.
Attest VIII. THOMPSON,
[sEALl Clerk.
ment, Eastern Division.
No. l7s.
Adaline Crane plaintiff In error,
Vg.
Charles R. Hughes, defendant in error.
Error from Common Pleas Court Wyandotte
County.
REVERSED.
SYLLABUS. BY THE COURT. MCELRoY, J.
/. Deed - Assumption Of, Mortgage Debt
Personal Liability.-The grantee does not be-
come personally liable for the payment Of
mortgage debt by taking deed which is made
subject TO mortgage. Where land is conveyed
In terms subject to o mortgage the grantee
does not undertake or become bound by the
mere acceptance Of the deed to pay the mort
the deed shows that he merely purchased the
equity Of redemption and takes the land
charged with the payment OF the mortgage
debt.
All the judges concurring.
A true copy.
Attest: VIII. THOMPSON,
[sEALl Clerk.
Kansas Court of Appeals, Northern Depart
ment, Eastern Division.
No. 1874.
Thomas B. Bowling, Sheriff, plaintiff in error,
Va.
Avaline Floyd, defendant in error.
Error from Common Pleas Court Wyandotte
County.
AFFIRMED.
SYLLABUS. BY THE COURT. MOELRoY, ].
l. PromissOry Note - Presumption = Evi.
fdcte the money coming from
the loaner is as much the money Of one as the
other Of two joint makers Of note. But this
primG tdcie presumption may be overcome by
evidence.
Q. Commercial Paper-C Consideration. Com
mercial paper, like other contracts, must be
supported by legal consideration. It is not
necessary that the consideration should be
one moving to the party himself. A consider
alton TO one OF two joint makers 10 sufficient
to bind both.
8. instructions - Sufhciency 0i.--Ths trial
court properly refused an instruction asked
by plaintiff in error where the same In sub
stance was already covered by his general In.
strucdons. It Is suficienS II the jury are In
structad as to the various phases of the law
called for by the issues and the evidence. The
instructions should al be considered and con-
strued together
4. Instructions in Writing-Signed.--A OBJ
lection that the trial court Instructed the jury
orally and did not sign the instructions comes
too late when made In this courtf for the first
time. Errors, TO be available In this court,
must in some manner be brought to the atten
Gion OF the trial court.
5. Newly Discovered Evidence--CrOss Exam
ln8tion.-Where party fails TO attend 86 the
taking OF dispositions and cross examine She
witness, afterwaTd on the hearing OF motion
for new trial cannot allega as newly.discov.
cred evidence the facts which could have
been brought out IL he had attended and cross
examined the witness. 1t Is the duty Of a lltf-
CANT In the ordinary exercise OF reasonable
diligence TO cause witness to be cross exam.
ined, A litlgant cannot Ignore o notice Of the
taking OF dispositions and afGerwsrd rely on
facts which ought to have been developed on
CROSS examination Rs discovered evil
dence, as o cause for new trial
All the Judges concurrlng.
A true copy. -
Attest w. H. THOMPSON,
rsRAL1 Clerk.