The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-09-16
AGAINST Mr.. DENNY
Appellate Court Awards Writ
of MandamuS
TO KEENE SYNDICATE
Opinions Handed Down in
Large Number of Cases.
TO KEENE SYNDICATE

The appellate court, Southern division
of Kansas, sitting at Garden City, has
Just handed down a large number of de-
cisions Among the decisions rendered
Is one greatly concerning Sedgwick coun-
ty, and, in fact, every county in the
state. This is the case Of the Keene Syn
dictate against A NJ. Denny, county clerk
of Sedgwdck county, in which the Keene
company brought mandamus proceedings
in the appellate court to compel Mr.. Den
ny, in fling their deeds, TO describe the
transfers just as they were described in
the deed. Mr. Denny would not do so,
contending that the law required him to
describe the transfers by lots, according
to the city plat, and to charge a fee of
5 cents for each lot contained in the de-
scriptions. The Keene Syndicate con-
tended that the transfers should be de-
scribed by blocks instead of by lots, and
when the transfer contained a large num-
Der of lots they contended that they even
had a right to describe the property by
"metes and bounds without any refer
ence to the city plat or the number of
lots contained in the transfer. By this
method they avoid paying cents for
each lot contained in the transfer, which
the county clerk contends they must do
and he would not make a record Of their
transfers until the correct fees were paid
according to the number of lots contained
in the description. The syndicate, through
their attorney, Joe Brubacher, brought
1landamus proceedings to compel him to
describe the transfers just as the deed
described them and accept fees accord
tngly. The appellate court decided the
case against the county clerk and award
ed a peremptory writ of mandamus as
asked by the Keene Syndicate. Mr.. Den
ny said yesterday that the case would be
taken to the supreme court. He says that
If the law is against him in this case the
county clerks of the state will demand
that law be enacted at the next ses-
sion of the legislature compelling de-
scriptions in transfers to be made in &C
oordance with the plat of the city and
not in haphazard way as every one
who makes a transfer may desire. BY
making the transfers according to the
plats. he says. the records can be kept
in more systematic shape and the asses
sors and collectors will be greatly aided
in keeping track of the taxes on the
property.
Other decisions handed down for the
different divisions are as follows:
CENTRAL DIVISION.
Henry s. Ireton and Sophia Freilinger,
plaintiffs in error. VS.. V. Laubner and
F. G. Lehman, defendants in error; af-
hrmed.
The city Of Eureka, plaintiff in error,
VS.. L. A. Merrifeld and Mary E. Merri-
Held, defendants in error; reversed.
". w. Robbins, plaintiff in error, vs..
Barton Bros, defendants in error; re-
Versed.
The Keene Syndicate, plaintiff in error.
vs. A NJ. Denny, as county clerk Of Sedg-
wick county, defendant in error; peremp-
tory writ of mandamus awarded.
James H. Durham, William T. Buck
ley, Charles E. Webb and William E.
Webb. plaintiff in error. VS.. Aln,ira
Brown, Administrative Of the estate of 7
B. Brown. deceased, and E. S. Blair. de-
PENDANTS in error; affirmed
The Kansas Loan and Trust COMPANY
trustee. plaintiff in error VS.. R. H. Thav-
er, defendant in error; modified.
State of Kansas, appellee, VS.. w. r
Hughes, appellant; petition for rehear-
ing denied
John zimmerman, sheriff of Mcpherson
county and J. L. Seitz under-sbar4e
Plaintiffs in error, VS.. f. G. Clark and
Alice NJ. Clark, defendants in error. az
frmed.
Jacob H. Allen, plaintiff in error vs
Nancy Lizer, defendant in error: af-
firmed
Atch'son' Topeka and Santa Fe Rail
road company, plaintiff in error. vs.JR
ASH defendant in error; affirmed.
Moses Gum plaintiff in error We 1ob,
u iHcnerI defendant in error; affirmed.
The Citizens State Bank. a corporation
plaintiff in error, VS.. H. France 7
frazee and L. A. Frazee, defendants An
error: reversed.
Abraham E. Helfenstein ct al. plaintiffs
IN error VS.. II. W. Sage defendant :,
error; motion 10 dismiss sustained
state OF Kansas, plaintinf. vs. Tav1or
"hitelaw and Clarence Empey. defend
ants; affirmed.
ST Louis and San Francisco RAILWAY,
p'aln'ih IN error vs.. William Vance do
PENDANT in error; affirmed.
The Synns Grocer company. a cornor,-
ton plaintiff in error, vs.. NJ. D. Lea ., u
defendants in error; affirmed