davidaulloa/AmericanStories huggingface dataset:
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1897-07-02
NOTICE FOR PUBLICATION.
LAND OFFICE AT OLYMPIA, WAsH.,I
Nav Is 1907


Notice is hereby given that the following named
settler has filed notice of his intention 10 make
fnal proof In support of his claim, and that said
proof will be made before Register and Receiver
at Olympia, WASH, on Saturday, July 3, 1897
viz: Warren Evans, of Excelsior Wash, Hid.
ll,97s, for the Lot 2. SW = NE 4, W y Sc 4. Sec
,, Up. is N, r. 1E.
He names the following witnesses TO prove his
said land, viz: NJ. B. White, OF Excelsior, Wash:
J. NJ. Shaw, Of Roy, Wash: J. P. Eubank OF Roy,
Wash; J. W. Higgins, of Steilacoom. Wash.
And viz: Albert d. Arper. of Excelsior. WASH,
Hid. 1877. for the Lot 8, Sc 4 NV \, E u SW =
Sec 2, TIP. Is N, K 1 East.
He names the following witnesses to prove
his continuous residence upon and cult
Walton of said land viz: NJ. b. White of Excel
sior, Wash; j. NJ. Shaw, of Roy, Wash; j. G.
Eubank, Of Roy, WASH; J. w. Higgins of Stella.
COON, Wash.
JESSE T. MURPHY,
Register.
Date Of first publication, May q. 1897.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1897-07-02
Cattle BUYERS Beware!

A LII persons are hereby notified that A. N.
"a Yantis, now holding one Of my farms under
lease, IL not the owner OF. and is not entitled or
authorized to sell or dispose Of in any way any of
the cattle belonging to me on said ranch; all Of
said cattle bear my brand Il. CO. on the left hip.
and also my mark which Is "a smooth crop of of
the left ear, and au under slope on the right;
both my brand and mark are registered In Thurs.
ton county.
You are further notified that will claim and
recover from any and all parties all cattle an
swerng snch description not purchased from me,
or my agent, Ben Colvin. l. COLVIN.
Olympia WASH, June rs, 1897 va
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1897-07-02
Mono But Ayers At the Worlds Fair

There was only one blood purifier
admitted at the Worlds Fair, Chicago.
1t was Ayers Sarsaparilla. All others
were shut out because they did not
meet the requirements of the Fair Com
missioners. Ayers Sarsaparlla only
was accorded the honor of an entry, be-
cause it did meet those require
ments. In other words, the Worlds
Fair authorities found Ayers Sarsapar-
lila to be an honest, scientific prepare
ton, the only one Of its kind they could
endorse. That was good testimony that
Ayers Sarsaparilla is the best blood
purifier made. Furthermore, hundreds
of physicians say it is, thousands of
druggists say it is, millions of patients
say it is. Take it, ailing friend, and you
will say it is.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1897-07-02
NOTICE FOR PUBLICATION.
LAND OFFICE AT OLYMPIA. WAsH.,l
June IL, 1897

LAND OFFICE AT OLYMPIA. WAsH.,(
June II. 1897.
No,ice Is hereby given that the following
named settler has filed notice of his intention to
make final proof In support of his claim, and
that said proof will be made before Register and
Receiver at Olympia, Wash, on Monday, July
N, 1897, viz: Clarendon N. Allen, Of Tumwater,
Mssh.. Hid. 6s, for the NV q Sec. TO- TIP. IL N,
X 3W., w. NJ.
He names the following witnesses to prove his
continuous residence upon and cultivation of
said land, viz: Fred Hager. ST., Ernest Meyer,
Louis Olmsted. Michael Neylon, all Of Delphi,
Wash. JESSE F. MURPHY,
Register.
Date of first publication, June Is, 1897.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1897-07-02
NOTICE FOR PUBLICATION.

LAND OFFICE AT OLYMPIA, WASH,
May I'D, 1897.
Notice is hereby given that the following.
named settler has filed notice Of his intention to
make final proof in support of his claim. and that
said proof will be made before Register and Re-
ceiver, at Olympia. WASH, on Tuesday, July 6,
1897, viz: Albert Gehrke, ofRainier, Wash, Hid.
No. 6,771, for the n 4 Sc 4 and 5 II NE 4 Sec.
4, To. l6 N, X East. .
He names the following witnesses to prove his
continuous residence upon and cultivation OF said
land, viz: Paul Gehrke, Christian S. Winsen,
John Hubbard, Joseph Silver, all OF Rainier.
Wash.
JESSE F. MURPHY,
Register.
Date OF FIRST publication, May %, 1897.
Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1897-07-02
NOTICE FOR PUBLICATION.
NOTICE FOR PUBLICATION.
LAND OFFICE AT OLYMPIA, WAsH.,l
June II, 1897.

LAND OFFICE At OLYMPIA, WAsH.,l
June Il, 1897.
Notice 10 hereby given that the following
named settler has filed notice of his intention to
make final proof in support Of his claim. and
that said proof will be made before Register and
Receiver, at Olympia, Wash. on Saturday. July
"a. 1897, viz: William II. Bachtell, of Grand
Mound. Wash, Hid. 100 for the y Sc =, SW
i Sc a, Sc Z SW !. See "a, Up IL n, r W.
She names the following witnesses to prove
her continuous residence upon and cultivation
of said land, viz: Morris Brown, Of Grand
Mound, Wash; George Pearce, Of Grand Mound.
Wash; Frank Hopkins, OF Rochester, Mash.j
Margaret Slack, of Centralia, Wash.
JESSE F. MURPHY,
Register.
Date of first publication, July Is, 1897.
The advocate., 1897-05-12

SYLLABUS. BY THE COURT. DosTER, G. J.
/. This court will not review evidence for
the purpose OF determining It's sufilciency to
uphold verdict which has been approved bV
the trial court, even though such verdict is
founded upon the testimony OF single and
interested witness
2. Who're jury answer questions as TO the
existence OF facts material TO the case OF q
party by saying ave cannot determine" or
1--WE don't know" such answers are In legal
effect denial of the existence Of such facts,
and operate to prevent judgment in favor Of
the party whose case requires proof OF the
same. (Doster, q. j., dissenting as to the ap-
pliCation to the CASEY
3. A railroad company Is not liable to an
employe for injuries occurring through de-
Hects In Its switch tracks In its yards, without
proof OF actual knowledge upon It's part OF
such defects, or proof of the existence Of the
same for such length Of time as that knoWl-
edge thereof may be inferred. (Doster, Q. j.,
dissenting.)
4. 1t is the duty OF railroad company to so
construct and maintain Its tracks as to make
them reasonably safe for its employees to per.
form their duties, and q person entering its
service has right TO assume that this Obliga-
ti0n has been discharged.
Johnston, j., and Allen, j., concurring.
D0ster, q. j., dissenting from second and
third paragraphs OF syllabus, and correspond
Ing portions OF opinion.
true copy.
Attest; &c. J. BROWN,
lsEALl Clerk Supreme Court.
The advocate., 1897-05-12

abuttlng property should be made and &C
cepted as payment OF the contract price Of
the improvement, but when the work was
done the city repudlated the contract and re.
fused to make assessments or take any OF the
necessary steps toward providing fund for
the payment OF the contractors: Held, that
the city became liable 10 pay the contract
price, and that the contractor might maintain
an action against 1t therefor.
All the Justices concurring.
true copy.
Attest: c. J.BROWN,
LsEAL Clerk Supreme Court.
The advocate., 1897-05-12

trusted to him for the Wlfe's use where II does
not appear that credit had been extended to
the husband upon the strength OF his appar-
ent ownership OF such property, and that the
wife knew or ought to have known that such
extension OF credit was made upon the
strength Of such appearance.
All the Justices concurring
true copy.
Attest: G. J. BROWN,
[sEALl Clerk Supreme Court.
The advocate., 1897-05-12
No. o85l
Wade Adams vs. The City OF sallna.
Error from Saline County.
AFFIRMED.
YLLABUs. By THE COURT. JOHNSTON, ]
SYLLABUS.

SYLLABUS. BY THE COURT. JOHNSTON, J..
/. In an action against city by the next Of
kin Of one killed by o mob within the cor
porate limits, the reputation and conduct of
the deceased may be given in evidence in
mitigation OF damages. Such testimony ts
not confined to the general reputation Of the
deceased, but any misconduct or crime COM
mltted within a reasonable time prior to the
killing which may have influenced the mob
or which would affect the value Of his life to
the next Of kan may be shown.
T. After the city had offered proof that the
deceased had entered q plea Of guilty upon a
criminal charge, the plaintiff offered to show
that when the plea OF guilty was entered by
the deceased he protested that he was inno-
cent, and also that the plea was entered by
him without the advice of counsel, and
through fear Of a mob, but the offer was re.
fused Held, that there being no offer to
show that the deceased was innocent Of the
charge, no material error was committed in
excluding the testimony.
3. Exemplary damages can never be reCov-
cred by one who has suffered no actual dam.
age (Schippel v. Norton, S8 Kan, 567).
All the Justices concurrlng.
true copy.
Attest: c.. ]. BROWN,
lsEALl Clerk Supreme Court.
The advocate., 1897-05-12
No.. O77l.
o. B. Taylor VS.. G. R. Mitchell, ct al.

o. B. Taylor vs.. @. R. Mitchell, ct al.
Error from Sumner County.
REVERSED.
SYLLABUS. BY THE COURT. DosTER G. j.
The fecttal in recorded deed TO land, Of a
prior mortgage thereon, charges the grant tee
and subsequent purchasers and mortgages
under him with notice OF such mortgage, al.
though 1t has not been recorded.
All the Justices concurring
true copy.
Attest: @. J. BROWN,
[sEAL Clerk Supreme Court.
The advocate., 1897-05-12
No. OS4O.

Julia A. Nand vs.. the City of Newton.
Error from Harvey County
REVERSED.
SYLLABUS By THE COURT. ALLEN, J,
Where the owner OF land adjacent TO pub
hc highway plats IL into lots and blocks, and
the city authorities of . city to which IL is
adjacent therauppn duly extend the corporate
ivaita aRaNNd me land W plAttsds theE@bY An-
The advocate., 1897-05-12
No. 1884.

The Farmers National Bank Of salina, Kan.
sas, vs. The Saltna Paper Manufacturing
Company.
Error from Saline County.
AFFIRMED.
SYLLABUS. BY THE COURT JOHNSTON. ].
The maker Of promissory note, payable at
bank, has the entire day Of maturity In
which TO make payment, and an action begun
thereon just after the close of banking hours
OK the day 1t falls due Is prematurely brought.
All the Justices concurring.
true copy
Attest: G. ]. BROWN,
LsEALI Clerk Supreme Court.
The advocate., 1897-05-12
MAY 12,

judgment. " ''''
A true copy.
EAstesg G. ]. BROWN.
lsAALJ Clark Supreme Court
The advocate., 1897-05-12
No. 1882.
H. F. sternberg VS.. Arthur Larkin, ct al.
Error from Ellsworth County.
AFFIRMED.
SYLLABUS.

AhFlhMEDs
SYLLABUS. BY THE COURT. DosTER, c. J..
Real estate held and used for partnership
purposes Is TO be treated, upon the dlssolu.
tlon OF the partnership by the death OF one of
lts members and for the purpose OF closing up
It's business, the same as personal property
and settlement OF the firm business, made
by the surviving partner and the administra
trlX OF the deceased partner with q view to
alschSrging the partnership debts and wind
ing up the partnership business, by the terms
OF which 1t was agreed that the partnership
real estate should be retained by the survivor
ana the title thereto should vest in him, will
% upheld when approved by the Probate
Court In proceeding to which the admins
trasrix and the heirs OF the deceased partner
were parties. And in such case, title to such
real estate passes to the surviving partner
under such settlement and It's approval by the
Probate Court, without any formal convey
ance OF the deceased partners interest.
All the Justices concurring.
true copy,
Attest G. ]. BROWN,
lsEALl Clerk Supreme Court.
The advocate., 1897-05-12
No. 0887.

Joseph Calm & Co. vs.. Tootle, Wheeler g.
Motter,
Error from Clark County
REVERSED.
SYLLABUS. BY THE COURT. JOHNSTON, J.
Where proceeding is brought TO review the
rulings OF the District Court in a case where
the facts were not agreed upon or found and
the Judgment Is reversed and the cause re-
manded for further proceedings, the case
stands In the District Court as iJ did before
the trial and judgment, and the parties may
then amend the pleadings, introduce new evi-
dence, and establish new state OF facts.
All the Justices concurring.
true copy.
Attest: @. j. BROWN,
tsEALl Clerk Supreme Court.
The advocate., 1897-05-12
Published May 70, 1s07.l
Supreme Court SyIIabi.
No. OIL.
W. VAtAt
Jonathan Thomas vs.. Elizabeth W. Hoge OK.
ecutrix, etc.
Error from Shawnee County.
REVERSED.
Error from Shawnee County.
REVERSED.
SYLLABUS.

l. Where town lots are contracted for with
the view, both by the vendor and vendee, to
the erection Of buildings thereon, and under
an agreement for a loan by the vendor to the
vendee, upon the completion Of the buildings,
and the execution upon the property OF q
mortgage 10 secure such loan, together with
the purchase price OF the lots, but such loan
is not made by the vendor, and such mort.
gage Is not executed to him, but Is executed to
q stFangeT,who pays out OF the proceeds OF the
same the purchase price OF the lots, and also
pays portion OF the indebtedness contracted
In the erection Of the buildings; Held, that
the lien OF the mechanics and material men
for the remainder OF such indebtedness 10 su.
penOr to the lien Of such mortgage; and also
held that their lien may be asserted against
the mOrtgagee after the expiration Of the one
year for foreclosing the same against the land
owner.
All che Justices conCurring.
A true copy.
Attest: Q. J. BROWN,
lsEALl Clerk Supreme Court.
The advocate., 1897-05-12
No. 9505.
L. g. Murphy, ct al, vs.. Catharlne Hlndman.
Error from Riley County.
AFFIRMED.
AFFIRMED,
SYLLABUS.
G. ]. BROWN,
Clerk Supreme Court.

SYLLABUS. BY THE Court. JOHNSTON. ].
L. Where one Of the parties TO an action Il
Sn sha netT t OF deceased person, who claims that
the title to the land In controversv was trans
@ ler[ed 70 his ancestor by the adverse party,
sUcnadyerse party may testify that he had no
transaction personally with the DECEASED, and
snat sn NO transfer OF title was ever made by him
20 the deceased,
oro g. Al. AS general rule, strangers to Judgment
wv not bound by Ii, and ordinarily one Who ia
soIy nTS Sid Tound Dy 9 Judgment cannot avail him.
sen 9i IL In another proceeding.
record or Judicial proceedinpc contaipa
material y, declarations or admission az nSrsy
Sebni, sT same s u may be offered in evidence in
not 9a ha o6 one who was not party, but it viii
tbe SeciSrScAIsiye IiSrcAIsiye against the party who made
true copy.
IsESIJ G. J. BROWN,
Clerk Supreme Court.
The advocate., 1897-05-12
No. 9SOl.
Alexander Morris, and others, vs. James Bun.
yam.

Alexander Morris, and others, vs. James Bun.
yam.
Error from Shawnee County.
AFFIRMED.
SYLLABUS. BY THE COURT. ALLEN. !.
1. Chapter SO Of the laws of 1891, creating
the Circuit Court Of Shawnee County, is COM
stitutlonal and valid.
2. The Circuit Court Of Shawnee County, on
due notice to the opposing party, had power
to correct an erroneous journal entry of o
Judgment rendered by it, after the term at
which the judgment was rendered, 80 as to
make 1t conform to the judgment in fact rem
dered.
8. Where the validity Of process issued out
OF court of record is challenged in this
court, on the ground Of the absence OF q seal,
the record must affirmatively show that che
seal was not on the writ, and the mere facS
that there is no scroll, or word seal on the
copy, at the place where the seal Is usually
affixed, is insufficient to show the absence Of
the seal when opposed to a recital in the writ
itself that the seal was affixed.
All the Justices concurring.
A true copy.
Attest: G.. j. BROWN.
LsEALI Clerk Supreme Court.
The advocate., 1897-05-12
No. 0loO.

road Company VS.. q. H. T. johnson. at nj
Error from Atchison County
REVERSED.
SYLLABUS. BY THE COURT. DosTER G 7
PERSONS who guarantee to railroad com.
pany the repayment Of money to be- exnsnSaS
Dy ~ Ior another railroad company, under a
SStar SSalsS. syo oetWsen such companies, cannot,
sulg upon their guaranty by alleging and
showing y lack OF power in such irst man
with its obligee. 'A'o 'on'E3cE
true copy.
TsTHJi ~, 9. j. BROWN,
tSAAAl Clerk Supreme Court.
The advocate., 1897-05-12
No. 9775.
Union Terminal Railroad Company Vs. Pees
Brothers Manufacturing Company.

Union Terminal Railroad Company vs. Peet
Brothers Manufacturing Company.
Error from Wyandotte county.
AFFIRMED.
SYLLABUS. BY THE COURT ALLEN, ].
/. In assessing the damages to two tracts of
land owned by manufacturing company,
separated by cattle drive sixteen feet wideg
over and under which the land owners had g.
right of way, with full privilege TO bridge
over or tunnel under as they might see ht,
damages may be awarded to both tractsr
though the right Of wSy appropriated is Cakep
wholly from one OF them.
2. In assessing the damages In such case,it
is not substantial error TO admit testimony
showing the plans OF the land owner for the
future use Of the ground over which the right
of way Is condemned, where the estimates OF
damages are confined to the market value o.
the land Immediately before and immedIs,
ately after the appropriation OF the rlgnt OF
way, and where no evidence Is ohersu op
future profits, or values, based on conten~
plated improvements.
All the Justices concurring.
A true copy.
Attest: y. j. bBOWN,
TsEAL1 Clerk Supreme Court.
The advocate., 1897-05-12
No. 08l2.

Margaret ]. Gorham, OF al. vs.. N. c. Tan.
query, OF al.
EFror from the Court of Common Pleas of
Wyandotte County
AFFIRMED.
SYLLABUS. BY COURT. JOHNSTON. 7.
The defendants, upon whom there had bean
no valid service, appeared and attacked the
jurisdiction OF the court, aud at the same
time asked that an attachment which had
been levied upon their property should be
discharged upon the ground that the afIidavit
OF plaintiff, made to procure the attachment.
was lnsumcient Held, that having appeared
Tor other purposes and presented other con.
siderations than those of Jurisdiction, they
made general appearance and gave the court
general Jurisdiction over them.
All the Justices concurrlng.
true copy
ATTEST; g. j. BROWN,
lsEALI Clerk Supreme Court.
The advocate., 1897-05-12
No. 9siO.
o, L. Pitnev VS.. w. ]. Eldridgs, ct oil.
Error from Crawford County.
REVERSED.
SYLLABUS.

SYLLABUS. BY THE COURT. JOHNSTON, ].
/. The temporary non.occupancy. OF part
OF o homestead, where. entire dominion over
She same is not surrendered, does mot neces.
sarily operate as o waiver or abandonment OF
the homestead right.
:. The owner Of a homestead Of forty acres
leased portion Of the same for the purpose
OF propagating and handling nursery stock,
for term Of ten years, and giving to the
lessee u privilege Of renewing the lease for
another term OF ten years, at 9 stipulated
cash rental, payable semi.annually, and pro-
.yiding that IL q default was made OF there was
a breach Of any OF the covenants Of the lease,
and when the lease was terminated, the
owner might Fe-enter and take exclusive pos
session. A fence wSs erected on the line sepa-
rating the leased portion Of the premises from
that exclusively reserved 80 tne owner.
About four years afterweFd controversy
arose between one holding q mortgage upon
che enGtre tract and another who claimed
judgmeYaE lien ON che leased praraisals Held,
ander che circumstances sf thes GnAes tn@t Bne
aaenset pr0nalgQ2 gefl n Rags Qy tB& NDAlSs
The advocate., 1897-05-12
No. ggl6.
s. NJ Heller vs.. City Of Garden Citv
Error from Edwards County.
REVERSED.

SYLLABUS. BY THE CouRr. JOHNSTON
sor r. a A,y city Of the second class NAV coD.r,o.
sbaae asissnlng, srnad Imsintaining and protectinSS
Of paying far ~ tb s streets and for the purpose
n SSollect taxes in the same manner ~ @
sliswaISs nv assessing and collecting taxes pfor
III 1vss s1SI sa contfeck was made by a ctv. ana
m RAs sslPulstea that assessnerg4s on th@ \
The advocate., 1897-05-12
No. 0835.
Henry Knowles vs.. Henry B. Williams, ct al

Henry Knowles vs.. Henry B. Williams, ct al.
Error from Sumner County.
REVERSED
SYLLABUS, BY THE COURT. JOHNSTON, J..
/. The terms OF an instrument puFporting
to convey land examined, and held to be
deed rather than mortgage, and sufficient to
convey the legal title held by the grantor.
2. A purchaser OF land must look to the title
papers under which he purchases, and he ls
chargeable with notice OF the facts appearing
upon their face, also with knowledge of all
facts suggested therein and which he might
with the exercise OF reasonable prudence and
diligence have ascertained.
g. On examination of the evidence In the
record, it ts held that the ruling OF the trial
court Withdrawing the case from the consld-
Grafton OK the jury was error.
All the Justices concurring.
true copy.
Attest G. j. BROWN,
lsEALI Clerk Supreme Court.
The advocate., 1897-05-12
No. 07O9.
w. L. Miller vs. The Kansas City, Fort Scott
u Memphis Railroad Company.

w, t. Miller vs. The Kansas City, Fort Scott
" Memphis Railroad Company
Error from Crawford County.
REVERSED.
SYLLABUS. BY THE COURT. DosrER, G. J.
A note or memorandum OF contract for the
sale OF real estate, In the form OF letter ad
dressed TO third person, which describes the
land to be conveyed and which admits pay.
mept In full OF the contract price, Is sufficient
under the statute of frauds, although the
amount OF such contract price and the kind OF
deed to he executed are not stated and unless
the contract evidenced by such note or memo.
randum Is affected by fraud or other inequl.
liable circumstance, the courts are bound to
order Its specific performance
All the Justices concurrlng.
A true copy.
A5stesE' J, J. BROWN,
tsEALl CLERK Supreme Court.
The advocate., 1897-05-12
No. O262.
Gary Meadow, executor, etc, va Marr +
Hassard, et al.

Cary Meadow, executor. etc. va Ma =
Hassard, et al, ~
Error from Cofrey County.
AFFIRMED.
SYLLABUS BY THE COURT DosrHn, G. J.
LIZ. III a Wlte may testify In her own behals g.,
s ss petWeen herself and another, to the oraa .n
ll non py her OK an agency in her hushand0 or5
70 It's execution by him "hu' ana
N. 4, Ahe value OF material sold to a hnsbard
on On creglt, and erected by him into 4 bniI5irru.
tas. Mnlcn building Is thereafter exchanrsd ~.
MN naaa Ior other property, and such pTopsrtv ~
NY sGrA converted into land the title 10 wbjSb Z; =
p0s In his wife's name, in fulfllment UA og AS As
@ssEeement s 70 purchase Ii with tha Sieo,s Vi ~
tnaGs wv s,s sneretotore entrusted to the Husband
9Sh sNch purpose, cannot be pursued into S,,nta
upon the same. SAOA ~ pressed
Y. n WlIe ~ not est0pped as against her hp..
pan0s creditors, to claim Feeiprn ~ nvo,n.s
Y " w hef which the husband ka N hesg
'AAsAS ~ MA own, bus Which Ma heens sgS. Nh.
The advocate., 1897-05-12

Atchison, Topeka q Santa re Railroad Com.
pany vs. George II. Swarts.
Error from Butler County
REVERSED.
The Lamar register., 1897-08-07

does not permit this, and You must
obey the las. BY the verdict Of the
jury, yoa have been found guilty OF
transgrassing the law. Its extreme
penalty is thirty days imprisonment
ia tho comfy jail and Sl00 fine; its
lowest, ten days imprisonment and
$50 fine, The highest VIII no wise
compensate for the damage done.
The Lamar register., 1897-08-07
WOMENFS COLUMN.
Edited by Mrs. Alice f. Maxwell,
Supt. OF Press Work, W. CT, T.

ouR MOTTO:
For God and Home and Native Land.