The Topeka state journal., 1908-04-15

the absence of any action requested or
taken thereon in the district court.
All the Justices concurring.
Attest: d. A. VALENTINE,
ISeal1 Clerk Supreme Court.
No. Is. .45s
John Wiswen
VS.,
Charles v. simmons ct al.
Error from Cherokee County.
AFFIRMED.
Syllabus. BY the Court. Mason, J.
1. One who purchases the interest of
the the owner Of a life estate in tract Of
land and goes into possession cannot de-
feat the title of the remainder man by
thereafter acquiring a tax title based
upon a tax sale that was made before
such purchase and that resulted from the
life estate.
q. Where at the same time deed is
made the grantee executes a contract to
Ing debt owing by the grantor the trans
action is in effect mortgage. notwith-
standing the grantee takes possession,
gage. giving as a reason that he does not
wish to be at the expense OF a foreclos-
ure in case Of default.
8. The mortgagee of life estate who
Is in possession of the mortgaged proper
ty, enjoying the income thereof. canno.
as against the remainderman acquire a
tax title based upon taxes accruing dur
ing his occupancy.
4. Where one who Is disqualified to ac-
quire a tax title based upon current taxes
takes an assignment Of an outstanding
tax sale certificate as to which no such
disqualification exists. and thereafter
pays subsequently accruing taxes and
causes them to be endorsed upon the GER
tificate, a tax deed issued thereon will
convey no title.
5. The occupancy Of realty by ore who
entered claiming under the owner Of a
life estate will not be converted into an
adverse possession so as to set the statute
of limitation in operation against the re-
mainderman, by the occupants taking
and recording tax deed, where his rela-
ton to the property disqualifies him to ac-
quire a title in that manner.
All the Justices concurring.
Attest: D. A. VALENTINE,
ISeal] Clerk Supreme Court.
No. 15.45s.
The Knights of the Maccabees of the
World.
Anna vs Nelson.
Error from Atchison County.
REVERSED.
Syllabus. By the Court. Smith, ].
In the written application for member
ship to an insurance association was the
following:
"This application and the laws of the
hereafter be adopted. are made part of
the contract between myself and the Su-
beneficiary or benefciaries. agree to con-
form to and be governed thereby"
In the certificate issued to him in which
the association undertook to pay a certain
amount to his beneficiary upon his death
occurred the following:
Provided, he shall have in every par
ticular complied with the laws. rules and
regulations of the order governing men,
bers and their beneficiarfes. which are
now in force. or may hereafter be adopt
ed by the Supreme Tent. or the subordi-
nate Tent to which he belongs"
A bylaw of the association in force at
the time of the issuance of the certificate
contained the following:
But no benefit shall be payable on ac-
count of the death of any member while
engaged in mob or by reason of
death. the result of suicide within two
Thereafter, and some years before the
death of the member the association reg
ularly amended its bylaw to read as fol-
mo benefits shall be paid on account
of the death of a member when death
was the result of suicide, whether the
sane at the time; provided, that in case
of suicide twice the amount of all assess
ments or month rates paid to the Su-
preme Tent by such member shall be paid
certificate, to the person found to be
entitled to receive the same
which amount shall not exceed the face
of the certificate and such
amount shall be the full amount that can
be claimed in such case"
HELD, that in such case the amend
ment to the bylaws is reasonable and is
valid, and the member having come to
his death by suicide the beneficiary is
entitled to recover upon the benefit GER
tifcate only twice the amount of all as
sessments or month rates paid to the Su-
preme Tent by him.
All the Justices concurring.
true copy.
Attest: n. A. VALENTINE,
[Seal1 Clerk Supreme Court
No. 15 461.
7. ". Harrison
Frank c. Scott eft al