The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-10
No. 1886.
J. o. Benton

No. io,oSo.
J. o. Benton
VS..
Mrs. May Benton.
REVERSED.
1. A written instrument by which the
maker acknowledges an Indebtedness and
agrees to pay it as soon as he can is to
be construed as promissory note pay
able within reasonable time.
-, z e. In T., an L., acti3n upon such an instru,
that the defendant has the financial abil-
ity to pay it.
sideration a personal Indebtedness owing
by the defendant to the plaintiff: in an
action thereon the answer alleged that
and set out additional facts showing that
at the time Of it's execution the defendant
held the amount of the note in trust for
the plaintiff and another person; Held,
that the answer was good as plea of
want of consideration, and that the re-
cital of a personal Indebtedness in the
note did not conclusively establish set
Element of the trust.
All the Justices concurring.
Attest: D. A. VALENTINE.
[SeaL1 Clerk Supreme Court.
No. 1887.
Lardner Howell
M E. Gruver.
Error from Rawlins County.
AFFIRMED.
Syllabus. By the Court. Smith, j.
/. The tax deed in question examined
and held not to be invalid for any defect
in the description of the land sold nor for
uncertainty Of recital as to whom pay
ment of the purchase price was made.
VS.. Merton, SO Kan. no. is misleading from
reason of a typographical deviation from
the original opinion.
All the Justices concurring.
Attest: D. A. VALENTINE.
tSeal1 Clerk Supreme Court.
No. 1850
Henry Miles, ct al.
Robert Miles, ct al.
Error from Cowley County.
AFFIRMED.
Syllabus. By the Court. Porter, j.
1. A deed of trust properly executed
and delivered to the trustee and accept
ed by him which in express terms con-
who is given power to collect the rents, in
come and profits thereof and to pay the
same to the grantor during her natural
life for her own use. and which declares
that upon the death of the grantor the
trustee shall execute and deliver quit
claim deeds to certain beneficiaries there
in named, conveying the full legal title to
the real estate, creates complete and ex-
ecuted trust which will be enforced in
equity
to the real estate is not to be conveyed to
the beneficiaries until the grantor's death
nor the fact that the grantor realms a ben
life will render it an executory trust,
where the instrument expressly declares
title to the trust estate has been convey.
ed, and the final intention of the grantor
of the trust with respect thereto appears
with absolute certainty SO that nothing
remains to be done except that the trustee
shall carry into effect the intention as de-
clared.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
[Seal1 Clerk Supreme Court
No. 15,7O4.
The City of Clay Center ct al.
The Clay Center Light & Power Company
REVERSED.
1. A provision in a contract which is
contrary to law can not be enforced in an
action for specific performance.
council of a city of the second class could
Gen. Stat. 1901. bind the city in an ordi-
nance granting a franchise to an electric
light company, to extend such franchise
beyond the period of twenty-one years
g. An ordinance granting a franchise
as before stated. containing provision
compelling the city. to purchase the cleo
trio light plant at the expiration of TWEEN
ty-one years in case Of refusal to extend
the franchise, is contrary to law, and
void.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk supreme Court
No. 15,T2
The State of Kansas ex rel F. 8. Jackson,
Attorney General,
VS..
c. S. Nation.
JUDGMENT OF CUSTER.
Syllabus BY the CouDt. Benson. j.
The right to exercise the duties of judge
of the city court of Chanute depending
upon the validity of chapter f79, Laws of
1907. a special act which purports to Gre
ate that court, it is held:
l. That a general law can be made
applicable giving to cities with like con-
dftions, where the necessity may exist.
reasonable facilities for the transaction Of
teTnnted to be vested in the city court of
Chanllte by the act in question.
p That the power OF the legislature to
establish courts inferior to the supreme
court under Articles II and III of the
Constitution cannot be exercised by a
snecfal law In cases where general law
car he made applicable.
q That the act in question violates sec
ZION n of Article III of the constitution.
and AFFORDS no warrant to the defendant
FOR holding the office of judge of the city
All the Justices concurring.
Attest: D. A. VALENTINE,
| ISeaI1 Clerk Supreme Court
BARBER SHOPS.
L