The Advocate and news., 1898-05-18
Kansas Court of Appeals. Northern De-
partment, Eastern Division.
No. SSS.
l.. G. Hentlg. plaintiff in error,
VS..
Frank ]. Thomas, defendant in error.
MODIFIED.
Syllabus.


Syllabus. Wells, ].
/. A Judge pro tenn who Is legally qualified
TO try an action for the recovery of real
estate under tax deed has jurisdiction
after declaring the tax deed void or void
able to proceed under paragraph 6996, Gen
eral Statutes Of 1889, and adjudge the sue
ccssful claimant to pay to the holder Of
said tax deed the amount provided for In
said paragraph.
2. In such proceedings It is error to COM
pute the interest on the sum due at the
date of the tax deed and taxes subsequently
paid at the rate OF 20 per cent. per annum
where the tax deed was executed after said
paragraph 6996 had been amended by chap
ter 40, laws of 1893.
A true copy.
Attest; w. II. THOMPSON,
[SeaIl Clerk.
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No. $50.
A. s. Johnson and John e. Frost, plaintiffs
in error,
VS.
The Burdett Town Company, defendant in
error
REVERSED.
Syllabus,
J. An order Of the District court setting
aside the verdict and special findings Of q
Jury and granting to the plaintiff a new
trial VIII be reversed where the record dis
closes no ground to sustain the same. and
especially so where the petition does not
state a cause Of action.
2. Specific performance Of a contract for
the purchase and sale Of real property
wherein time is made expressly the essence
thereof will not be adjudged to the vendor
where he has wholly failed to perform or
tender performance upon his part, for a
period of more than five. years after the
time fixed therefor by the contract, and
especially so where there has been, in the
meantime, q great change in the condition
and market value of the property
A true copy.
Attest: w. II. THOMPSON,
[SeaLl Clerk.
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No. $50.
James Clark, plaintiff in error,
vs..
John Farnsworth, defendant in error.
AFFIRMED.
Syllabus Wells, ].
A party purchasing lots on the margin of
q town site purchases only the land con-
tained within said lots, and cannot recover
from a grantor a sufficient amount Of land
owned by said grantOr adjoining said lots
outside the limits of said town site, to
make up deficiency in the size thereof.
Attest: W. II, THOMPSON,
[SeaLl Clerk.
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No 25S.
The Fish Keck Company, plaintiff in error,
Charles B. Rodlon, defendant in error.
REVERSED.
Syllabus. McElrOy J.
/. The remarks of counsel complained Of
are not sufficient to vitlate the verdict or
require a new trial in the absence of any
objection or exception. 1t is the duty of an
attorney at the trial to call the attention
OF the court and request it's inteTposltiOn to
Objectionable remarks made by opposite
counsel.
q 1t is error for the trial court to over
rule a motion for new trial and render
judgment upon verdict based on two
causes Of action, where the verdict is I'm
excess of the amount recoverable on the
first, and when the second does not state
facts sufficient to constitute cause of
action.
A true copy.
Attest: W. II. THOMPSON,
ISeall Clerk.
Kansas Court of Appeals, Northern De-
partment Eastern Division.
No. $780,
s. 8. Matthews, plaintiff in error
VS..
r. r. Robinson, defendant in error
REVERSED.
Syllabus Mahan, +. j.
In the fall of 1897 Levers, as agent for
Matthews, employed Robinson as attorney
to put into judgment a note against one
TempletOn. In November, 1891, Templeton,
without execution ever having been issued. |