The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-12-23
COURT OF APPEALS
Landlord Has a Lien on the
Sub Tenant.
HUSBAND MAY TESTIFY
Mechanics Lien Extends Only
to Title of Contractor.
HUSBAND MAY TESTIFY

The opinions in the cases decided in the
Kansas court of appeals, Southern divis-
ion. briefly referred to in yesterday morn
ing's Eagle, have been received and filed
by w. A. Ayers, clerk.
In the case of Carrie Berry VS.. Albert
| Berry and others the opinion contains a
proposition of law which will prove Of
general interest and new in Kansas. The
statute provides that a landlord may have
lien for rent upon the crop growing or
| made on the farm. Albert Berry rented
the Berry ranch. in Morris and Chase
counties and agreed in writing to pay S900j
per year for the rent thereon, which was
guaranteed by sureties. The lease did MT
prohibit sub-leasing nor provide for the
right Of the landlord to distrain for rent
Albert Berry sub-leased the premises to
W. L. Patterson and Thomas Terry. Pat
terson had paid out cash for the portion
of land and Terry was TO pay one-thirG
of the crop to Albert Berry as rent for
the portion Of the premises rented by him.
The landlord brought an action for the
rent against Albert Berry AMI attached
the crops of the sub-tenants, Patterson
and Terry. The district court of Chase
county held the crops of the sub-tenants
not liable to the landlords lien for rent.
This holding is reversed by the court of
appeals. The court says: Crops grown
by a sub-tenant of lessee are subject to
the landlords statutory lien
In j. H. Virgins, constable, VS.. Mollie
E. Foster error from Butler county, the
court holds:
Il. Husband and wife may testify for or
against each other concerning transac-
tons in which one acted as agent for the
other.
'2. Declarations of a person made while
in possession of personal properly in dis
arrangement of his title or explanatory of
the character of his possession are admiss-
able as a part of the yes gestoe."
This was an action brought by Mollie
f. Foster against ]. H. Virgins a con-
stable. who had levied on certain hogs
upon an execution in a judgment against
her husband, z. II. Foster. The jury
found IN agency between the husband and
wife and the court holds that MS evidence
was therefore admissible
In the case of Edward E. Barton ee al
VS.. ". NJ. Pond ct al, there is this contro-
versy: w. NJ. Pond recovered a judgment
before a justice of the peace for 800 and
costs. The case was twice trie1 in the
district court, afterward, the last trial by
a jury, and a verdict was rendered for
5000 so for Pond. The question raised in
the court of appeals was that tae distric;
court sat only as a justice of. the peace
and had no jurisdiction TO render a judg
ment above $500. The court of appeals
holds that this objection to tie courts
Jurisdiction being raised in the appellate
court for the first time comes too late.
Error from Reno county.
Cora L. johnson vs. the Badger Lumber
company and others, from Cowley county.
The controversy is this: Cora Johnson
contracted to sell a lot in Winfield to j.
B. Bryan, deed to be made on final pay
ment. $500 yet due. Bryan constructed
building on the lot, and the Badger Lum-
Der company and others claimed material
and mechanic liens under contracts with
Bryan. They sought to foreciose their
liens, claiming the equitable tile in BTy-
an and that Mrs. Johnson only had the
right to a lien for unpaid purchase money,
subordinate to the lien of the material
men. The district court so held. but the
appellate court holds this to be error. and
that the lien for work or material furnish
ed must be measured by the extent of the
equity of the purchaser under an execu-
tory contract TO purchase. The court also
holds that failure to assign error for over
ruling a motion for new trial valves all
questions as to matters occurring on the
trial of the case.