The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-03-09

Warranty NctNe incftlOIcs tUdl iH-
lands In Missouri we're shortly ascer-
tanned by plaintlnfs not TO be as repre-
sented and part thereof worthless;
that defendant offered 70 rescind the
trade and recover the land of tsfen.
dants that said lands had been kept
by them IN statu quo is sufficient 60
prove pYima facia cause of action and
a demurrer 90 che evidence sustained
By the trial court was an error
In an action for recession and can
collation. OF a deed fraudently obtained.
an allegation IN the petition that plain
tins are ready and wiling to execute
and deliver a deed to the land traded
for to defendant Is q sufficient offer
to restore" to bring them within the
terms of section S27 of Wilson's sta
Lower Court Sustained.
In two opinions today Assistant Jus
tice Kane sustains Judge J. 7 Dicksc-
son of the Southern district OF the In
dian Territory federal court.
One Is an action in replevin for the
recovery OF specific personal property
j. r. McFall ct al plaitiff in the case
and r. ElmorA Is defendant The syl
labus follows:
cover crops of sub-tennant siezed by
a constable under a writ of attachment
issued for the purpose of enforcing q
landlords lien for rent against the
tennant in chief. and when such crops
we're not subject to such lien at the
time aspired."
The other case involves a fore.
clouser Of a mortgages by a machinery
compdny sold machinery to the Tisho-
pfngo Oil and Cotton Co. which after
wards failed in business. They had
given notes to The Ardmore
National bank, the plaintiff In the
case, the Briggs Machinery and Sup
| ply Co.. being the defendant
The lower court held that the
machinery company had the first lien
on the property Of the defaulting com
lpany.
The syllabus follows
1. The receiver of an insolvent,
non-going corporation takes the prop.
erty o. the company. for the creditors,
subject to such equities liens or in.
cumbrances whether created by oper'
alton of law OF by act Of the corpora
ton which existed against the prop
erty at the time OF his appointment
2. The receivers title and right to
possession of the property of an insol-
vent nen going corporation vests from
the date OF the original order for tho
appointment, although the proceedings
may not be perfected until later
date. The receivers title and right
to possession during the interval be-
tween such original order and the time
OF perfeeting his appointment are sn'
perior to those OF judgment creditor
who ievies upon the property under
his Judgment during such interval"
3. Where a vendor, after the ap-
pointment OF a receiyer to take charge
OF the property and affairs OF an in
solvent, n0n-going corporation, files
its plea OF intervention set.ing up all
the facts IN relation to certain reser'
walton OF title notes. taken by he ven.
dor. ior sales OF machinery to tho in
solvent corporation, and further al
leges that the reservation notes are
liens on the property and prays for
their foreclosure and also prays Tor
general relief, this Is not such an cleo.
ton as will preclude the interyenor
from afterwards amending its plea OF
intervention and asserting title and
right 70 passesssion OF the property
described In the reservation notes as
against one who claims to have lien
thereon subsequent in time to the
reservation notes. where such lien, II
il is attached to the property at all.
came into existence after the prop
efty fell into the hands of the receiy'
er. notwithstanding the reservation
mites were not filed as chattel mort,
gages
4. The acknowledgment Of deed
OF trrst executed by a corporation
grantof, to secure payment OF certain
rlomissory notes is a ministerial act
Where such an instrument is aclSnowl-
edged before a notary public who was
al the time a director and treaurer oi
the grantOr corporation and also IN
debted for unpaid subscriptions TO ITS
stock, which facts were known TO the
| grantor but there was nothing on the
face OF the instrument or acknowledge
| ment Indicating such a relationship
the deed of trist was entitled to reg
istration and the registry thereof was
notice 10 subsequent purchasers, In
/ oambrances or licenaors.
Decides Kingfisher County Case.
Associate Justice Dunn, in an opin
ion. sustains the lower court in the
case OF c. II. Logan VS. Hattie A
Brown. an appeal from the district
court OF kingfisher county.
The suit was instituted in June. 1901
the plaintiff alleging that in 1886 she
placed in the hands of the plaintiff
who is her brother-in-law, some deeds
! tc property for sale. expecting him tC
sell the came and make an accounting
The cause was referred refere'
In the lower court who held that where
one takes title TO real property under
q parole agreement to sell the same as
an agent and ne sells and receives
money therefor. he Is liable 70 the
grantor for the proceeds.
The syllabus OF the opinion is as
follows;
l. Pleading FraMd--The statutory
limitation Of the time within which
ian action for relief on the groun'
of fraud must be commenced onl,
applies when the party against whom
the bar Of the statute Is interposed Is
required 10 allege fraud In pleadint
his cause of action. or prove fraue
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