The Advocate and news., 1899-01-18

more than two years before the owner
learns OF It's whereabouts; Held that the
owner Is not barred by the statute OF liml-
tation from recovering said property.
A true copy.
Attest: w. II. THOMPSON,
[seal.l Clerk.
In the Kansas Court OF Appeals Northern
Department, Eastern Division.
No. 1856.
Henry schnavely, Benjamin Schlaudecker,
A. l.. Pullins, 70. M. Gale, Robert Fleming,
J. c. Craig, and Il. c. Raymond, plaintiffs
In error,
James Bishop, administrator Of the estate
Of w. W. Hotchkiss, deceased, defendant
In error.
Error from Morris County District Court.
AFFIRMED.
McElroy, ]. Syllabus
1. A subsequent purchaser in good faith
of mortgaged property must acquire the
chattels for a valuable consideration, witnS
out actual knowledge OF the existence or
the mortgage Actual notice as applied to
cOnVeyances does not necessarily mean ac-
tual knowledge II may be implied, II the
part has knowledge OF such tacts as WOuIo
lead fair and prudent man using ordinary
caution to make further inquiry, and he
eyade inquiry he Is chargeable with notice
OF the facts which by ordinary diligence he
would have ascertained.
A true copy. oo,,
fseei1 Clerk.
In the Kansas Court of Appeals, Northern
Department, Eastern Division.
No. 1893.
]. o. Benton, plaintiff in error
VS..
Joseph Yurann, defendant in error
Error from PottawatomIe County District
Court.
AFFIRMED.
Wells, j. Syllabus
/. The petition alleged a payment on an
account stated, so as to take II out OK lne
bar of the statute Of limitations, the eVl,
dence which was not objected to, showed
the endorsement of plaintiffs note by de-
Hendent, and the payment Thereon Dy MN
to the bank. Held, not to be sucn VaIl-
ance as to entitle the defendant to q new
trial thereon.
2. Where the plaintiff for the purpose, Of
raising money at the bank, executed ms
note to the defendant, which was endorsed
by the defendant and by the .plaintin dls-
counted at the bank, and said note was
after 1t became due, paid to the bank py
| the defendant under an agreement tnaI pS
would do so, and that the amount should
be credited on his account to plalntiI
Held that said sum was proper credit on
said account, of the date 1t was 80 PAID
TO the bank.
A true copy. ..
Tsesii Clerk.
In the Kansas Court OF Appeals, Northern
Department, Eastern Division.
No. 451.
David Atchison, plaintiff in error,
Isaac Plunkett, defendant in error.
Error from LeavenwOrth County District
Court.
Mahan. p. ]. Syllabus
1. The law casts upon owners Of build
ings abutting upon the streets, who attach
thereto structures OVerhanging the street
the duty of preventing such overhangtng
structure becoming In any way dangerous
to persons lawfully passing upon the high
way, and where the plaintlff shows that
while lawfully in the highway he is in
jured by some part Of such structure fall
ing upon him the burden rests upon such
owner to show that he was blameless In
the premises.
2. One in the lawful use of a street had
right to assume 1t Is reasonably safe,
and even II he knew Of the existence Of an
obstruction he had a right to assume that
1t was not dangerous unless warned to
the contrary or the danger was Obvious
upon a casual inspection thereof.
A true copy. .
Attest: w. II. THOMPSON,
[Seal.l Clerk
In the Kansas Court OF Appeals, Northern
Department, Eastern Division.
No. 40.