The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-03-11

based upon their performance of a duty
| which they owed to their principal.
All the Justices concurrlng-
A true copy. >,r,,E
[Seal] Clerk Supreme Court.
No 1910.
G. l.. Finn
VS..
Error from Wichita County.
REVERSED.
| Syllabus. By the Court Johnston. Z. j..
| l. To obtain service by publication the
lowed and where the affidavit Is detective
and irregular but not to the extent OF be-
default entered thereon may be irregular
and subject to reversal on error put II
the material facts are infersnaa1iy al.
the Judgment will mot be absolutely void.
2 An affidavit to obtain service by pub rub
lication in an action to Guiet ute whte s
plaintiff has flied his petition against the
defendants, naming them, praying judg-
scribing them, and that said defendants
may be barred and foreclosed Of any
right. title or interest In and to said LANDS
| is not SO defective in stating the charac-
| ter. of the cause of action as to render a
| Judgment based thereon absolutely void.
All the Justices concurring
Attest: D. A. VALENTINE,
| [Seal] Clerk Supreme Court.
No 154f1
George B. Cones
Charles e. Gibson.
= Error from Lane County.
REVERSED.
| Syllabus. By the Court. Burch, j..
The owner of q note secured by real
estate mortgage assigned both instru-
ments and by contract written on the
back of the note guaranteed the payment
of interest when due and payment of the
principal twelve months after maturity.
Before, the statute Of limitations had run
against the guaranty the guarantor pur-
| of the tax sale certificate took tax deed
of the land which, however, was void on
its face. An action was brought to fore,
/ barred the remedy upon the guaranty.
| Held
| l. The purchase of the land at tax sale
by the guarantor did not effect a payment
of the taxes as such a purchase by the
mortgager would have done. The guaran-
cation to the state, toSthe mortgagor, or
4 to the holder of the mortgage to pay the
taxes on the land and consequently had
| the right to take tax title thereto at
| least as against all the world except the
I holder of the MORTGAGE and the holder OF
| the mortgage could object no further
1than might be necessary to protect his
3. The tax. deed holder being an assignee
could plead the statute Of limitations
| against the guaranty. s. 8
8. The remedy on thu guaranty befnS
barred by the seatgt rs the the
rela tfo1fs Of the parties and the tax deed
| holderawa entitled to ayfirst lien on the
| land. as n e-ee-
| Attest: so D. A. VALENTINE,
| GSeal1 Clerk Supreme Court.
/ 5,r.s No. 154f2
| -. D. N. Osborne. ct al,
IL
| Carrie NJ. Atkinson, ct al.
Error from Lane County.
AFFIRMED
/ Syllabus By the Court. Smith, J.
The written instrument, involved herein
does not meet the requirements of q will
under Section 2, Chapter III, General
| vey the real estate of the testator, upon
| his decease, to the beneficiaries named
/ therein. 1t reads
l. 71-~. April LIST, 1897.
| F1ory in the presence of Gilbert Fuller and
] B. NJ. Bovard he makes the following
| statements: Funeral expenses paid first
| Turn his affairs over to Mary Ann F1ory
| and B. NJ. Bovard to assist in the selling
| of the same and all household goods to be
| Bovard. John Tapp to be f1lly paid fol
1 his trouble. And enough of his property
| sold to pay all debts. The balance to be
equally divided between Mary Ann F1ory
| and Addie Bovard.
Signed by B. M. Bovard.
Gilbert Fuller.
Probated April II, 1897 and filed.
| (Seal) B. A. Bannon. Probate Judge"
All the Justices eoncurrfng
| Attest: D. A. VALENTINE,
/ [SeaL1 Clerk Supreme Court.