The Advocate and news., 1898-01-19

made by the evidence, Notwithstanding this
variance.
5. II in construction of a right Of way
fence q railway company puts In q gate as
part of such fence, II Is bound TO keep the
same In repair the same as any other part
OF the fence, unless as between II and an
other person II Is relieved therefrom by
contract, either express or implied; such
contract will not be implied from the mere
fact that the only person benefited thereby
is the owner subserVient to the right Of
way.
Filed January 8, 1893
A true copy.
Attest: W. H. THOMPSON,
LSeall Clerk.
Kansas Court Of Appeals, Northern De-
partment, Eastern Division.
No. 2S5.
The Smith Frazer Boot and Shoe Com
pany, corporation, plaintiff in error,
VS..
G. L. White and william White, defend
ants in error.
Error from Brown County District Court.
REVERSED
Syllabus. Mahan, P. ].
1. The defendants in error made an as
slgnment for the benefit Of creditors, in
Missouri, In which State both parties re-
sided The plaintiff in error was a sched-
uled creditor. After distributing part of
the funds of the trust, the assignee paid
the remainder into court and was dis
charged. Two years thereafter, by order of
the court, the clerk, In distributing this
fund, paid plaintiff in error on its claim
1886, which they credited on the account
Nal,a 1NVIA kFe9 esVVtt
the account to recover the balance thereof.
Held that this payment by the Clerk Of the
court was not within the provisions Of
sec. "a Of the code, and did not toll the
statute of limitations
2. Where defendant as defense to an
action arising in another State, interposes
a plea Of the statute of limitations, and
AYERS that he came into this State more
than three years prior to the commence
ment of the suit, the burden is upon him
to maintain the issue arising upon that
eiment.
Filed January 6, 1898.
A true copy.
Attest; w. II. THOMPSON,
[Seal.l Clerk.
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No. 2SO.
Jennie Fisher, plaintiff in error,
VS..
w. +. Moore, N. T. Jackman and George N.
Nichols, co-partners, doing business UNI
der the firm name and style Of W. +.
Moore & Co., defendants in error.
Error from Wyandotte County District
Court
REVERSED.
Syllabus. Mahan, p. J.
In an action by a mortgage to recover
the value Of personal property, against
stranger to the mortgage, as for. cover
sion, If any part of the property Is suf1-
ciently described in the mortgage to charge
q purchaser thereof with constructive no
tice by record, 1t is error for the court to
sustain an objection to the introduction
of evidence as to all of such property be-
cause of its invalidity In not sufficiently
describing the property.
Filed January 8, 1893.
A true copy.
Attest: W. H. THOMPSON,
[Seal.1 Clerk
Kansas Court of Appeals, Northern De-
partment, Eastern Division.
No. S14.
w. e. Sterne, plaintiff in error,
VS..
John Atherton, defendant in error.
Error from the District Court of Shawnee
County.
AFFIRMED.
Syllabus. Wells, J.
1. The Legislature has made provisions
through paragraphs 1192-12OO-1 -12O4-1205 and
1906, General Statutes 1889 for the enforce
ment Of the liability provided for in sec
ton 2, article 12 of the constitution Of the
State.
O. An allegation in a petition filed No
vember %, 1893, "That on the 18th day Of
September 1892, the said bank suspended