The Advocate and news., 1897-12-01
Kansas Court Of Appeals, Northern D,
partment Central Division.
Syllabus.

Syllabus BY the Court. McElroy, J.
l. Under Par 6955, Gen. Stat. 1889, no.
ucs or the sale OF ISnds dS ioT 1 the t9 n9n-PSyt
the sale will be made by the County Treas
urer is defective, and a sale based upon
such notice Is voidable
@ There is no authority for including In
the redemption notice under tax sale, the
amount paid by the county for advertising
the property for sale, nor the amount paid
by the purchaser for a tax certificate. The
notice should state "the amount of taxes
charged with interest"
All the Judges concurring.
A true copy.
Attest. w. II. GATES,
LSeall Clerk.
Kansas Court Of Appeals, Northern De-
partment, Central Division.
No. 255.
Peru Plow & Wheel Co., plaintiff in error,
vs.
r. b. Ward, defendant in error.
Error from Republic County District Court.
AFFIRMED.
Syllabus.
l. In a judgment in case between these
parties, upon one note OF series or three
given at the same time to secure one en-
tire debt, but payable I'm one, two and
three years, IL was determined that the
defendant was surety thereon and was re-
leased by a material change in the con-
tract made by the plaintiff company and
the principal makers: Held, that the tudg-
ment is conclusive in this action upon the
other notes of the series Il Kan. App, 81
q An endorsement of partial payment
without the knowledge Of the surety and
without his authority therefor, from mon
cys derived from the sale OF the property
pledged by the principal Makers does not
take the note out of the operation OF the
statute Of limitations, as to the surety.
All the Judges concurring
A true copy.
Attest. W. IT, GATES,
TSeail Clerk.
Kansas Court Of Appeals, Northern De-
partment, Central Division.
No. 25a
f.. M. Peterson ct al, plaintiffs in error,
A. s. Warner, ct al, defendants in error.
Error from Marshall County District Court,
AFFIRMED,
Syllabus.
l. An allegation of fact in q pleading does
not constitute an estoppal Of record against
the party making the same, Independent OF
the estoppal raised by judgment In the case.
g. A judgment affirming the validity of a
| sale and transfer OF property Is conclusive
upon the parties thereto with respect to all
| the property covered by that entire trans
action, although but part thereof was In
fact the subject matter OF the issues In the
case in which the Judgment was rendered.
g. The fact that others were parties de-
! fendant to the record and bound by the
| judgment in that case, does not make the
same less conclusive upon the plaintm In
! this case.
All the Judges concurring.
A true copy.
Attest. W. II. GATES,
| lSeal Clerk
Kansas Court of Appeals Northern De-
partment, Central Division.
The German Insurance Company Of Free
port, Illinois, plaintiff In error,
| VS.
]. N. Davis, defendant In error.
Error from the District Court of Saline
County.
AFFIRMED.
Syllabus.
! /. An action to reform written contract
! so as to conform to the contract actually
! made and TO enforce said contract as re-
| formed, constitute but one cause Of action.
! g. Where general agent Of an insurance
! company applies to a property owner TO
insure him against loss by fire and agrees
| to give him certain amount Of insurance
| for premium agreed upon and paid. and
| said agent makes no inquiry as to the title
| of the lnt nnnn which tha nronertY lA 10.