The Advocate and news., 1898-09-28

- AAAAA ILL ' O'A-AA
owner Of certain real estate mortgage
| (Which in fact had been delivered by 10
| to s.. the purchaser Of the note thereby
| secured, the note being assigned to 8.
| and the mortgage not assigned), contested
the right Of a party who sought TO enforce
| q mechanics lien upon the mOrtgaged
premises, alleging that 1t owned the said
mortgage and note and praying that the
| mortgage be declared a first lien against
the real property The court found the
mechanics Hen to be superior to that Of
the mortgage and ordered the premises sold
TO satisfy the claim Of the lienhOlder H.
purchased the property at the sheriffs sale
made In pursuance Of such judgment In
good faith and without notice or knOwl-
edge OF the assignment of the mortgage,
receiving a sherih's deed for the premises.
Subsequently s., who had no knowledge
of the aforesaid transaction until after the
property was conveyed by the sheriff to
s. and who had not authorized the invest
ment company to appear or act for him
In respect to the note and mortgage, sought
to fOreclOse the latter, joining II. as a party
defendant. Held, that a judgment for
costs in favor Of II. was not erroneous.
All the Judges cOncurring.
A true copy.
Attest: w. o. CIIAMPE,
[Seall Clerk.
In the Kansas Court of Appeals, Southern
Department, Eastern Division.
No. 3O5.
H. w. Haldeman, plaintiff in error,
A. s. Johnson, receiver Of the Farmers AL
lance Cooperative Association defend
ant in error.
Error from Crawford County.
AFFIRMED.
Syllabus. BY the Court. Dennlson, P. ].
list. When a case is filed in the Supreme
court or either of the Courts of Appeals
and q summons issued thereon or a. waiver
thereof filed within one year after the rem
dition of the final order complained Of, the
action Is commenced in time, although 1t
Is not sent to the proper court until after
the year had expired.
I'd. When there Is no allegation in
pleading Of the correctness OF a verified
account attached thereto, there can be no
denial thereof, and the account Is at Issue
under the general denial
Sd. The evidence carefully examined and
no reversible error found In the admission
OT eACluSlOn lHSTeOls
4th. The trial court has authority to
order q reduction of the verdict Of jury,
when he thinks it excessive and to grant
new trial IL the successful party refuses
to accept such reduction, unless 1t ap
pears that the verdict was rendered under
the influence Of passion and prejudice.
All the Judges concurrlng.
A true copy.
Attest: w. o. CHAMPE,
[Seall Clerk.
In the Kansas Court Of Appeals Southern
Department, Eastern Division.
No. 297.
The Citizens Bank of Mound City, Kansas,
and A. G.. Seaman, it's receiver, and the
unsecured creditors of said bank plain |
tins In error,
The State of Kansas, ex rel, Attorney |
General, and Milton f. Mitchell defend |
ants in error.
Error from Linn County.
REVERSED.
Syllabus. BY the Court. Milton, J. |
The rule declared in National Bank VS. |
Branch, as assignee of the Security Invest |
ment Company (57 Kan 20, as governing |
proof OF claims by, and dividends to |
creditors of an assigned corporate estate, |
where such creditors held notes negotiated |
and guaranteed by the corporation and Sc
cured by mortgages on real estate-that Is |
that dividends should be paid out upon the |
amount remaining unpaid upon such claims |
after such creditors should have exhausted |
their special liens is here held controlling |
In respect to the distribution of the estate |
OF an insolvent banking corporation in the |
hands of a receiver, appointed under the |
provisions of the State banking law.
All the Judges concurring.
A true copy.
Attest: w. o. CHAMPE,
[Seal1 Clerk.
In the Kansas Court of Appeals, Southern