The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-07-07
LEGAL.
No. 1906.
J. NJ. Schott,
T. VI. Linscott.
Error from Atchison County.

- NJ ScnOIl,
f. VI. Linscott.
Error from Atcfison County
AFFIRMED
Syllabus. By the Court Smith, j.
l. A personal judgment, rendered with
out legal notice to the defendant and
without any appearance on his part, is
rendered without jurisdiction and is con-
2 A sale of personal property, made
under an execution issued upon void
Judgment, conveys no title to the pur-
8. The mere failure of an owner of per-
sonal property, which he knows has been
advertised for sale at a certain time and
place. to attend the sale and warn in
tending purchasers of his rights does not
purchaser at such sale the value of the
property bid in thereat by the purchaser
and converted to his own use, the sale be-
ing held without authority of law.
All the Justices concurring.
Attest: D. A. VALENTINE,
CSeal.1 Clerk Supreme Court
No. 16.102
o. W. Sparks ct al.
c. A. McAIister.
Error from Cherokee County.
REVERSED.
Syllabus. By the Court. Benson, ].
in this action it is held that a motion OF
the plaintiff for judgment thereon in his
favor was enormously sustained.
All the justices concurring.
Attest: D. A. VALENTINE.
LSeal1 Clerk Supreme Court.
No. 16.1o7
NJ. Toffler
VS..
c. c. KeSSinger.
Error from Leayenworth County
Syllabus. BY the Court. Burch. ].
An administrator with the will annexed
died in office without having accounted
for money which he had collected belong
ing to the testatorS estate. His successor
against his administrator for the sum
found to be due. The judgment was pre-
sented. allowed and classified in the pro
but no order was issued upon his admin
istrator for its payment and it was not
paid. Held, such an order is not condi-
ton precedent to recovery against the
sureties or his bond.
All the Justices concurring.
Attest: D. A. VALENTINE.
LSeaLl Clerk Supreme Court.
No. 1888.
The Grand Lodge of the Independent
Order of Odd Fellows of the State of
Kansas
James A. Troutman and Robert Stone.
Error from Usage County.
AFFIRMED.
Syllabus BY the Court Smith, j.
l. A and B entered into contract for
the mutual purpose of establishing and
perpetually maintaining private char
ity. A agreed to and did execute a deed
purporting to convey a large tract of land
to trustees for the purpose. B agreed to
and did pay off an equitable lien on the
land and agreed to and did pay for the
erection of buildings thereon for the pur
pose. After the death of A, his sole heir
bTought an actlon 10 set asl9e the deed,
a party defendant to the. action and filed
an answer or cross-petition for the money
paid for the betterment of the estate and
prayed that it be adjudged a lien upon
the land. Such proceedings were there
after had in the action that b was dis
charged as a party thereto. Judgment
was finally rendered therein adjudging
the deed of A void as against the rule
prohibiting perpetuities of titles in
estates. Held, that BIS cause of action, to
have his money, which was contributed
lien thereon. became absolute upon the
bringing of the action to avoid the deed
ton of Judgment therein; held, further,
that this action, brought by 3 more than
years after B was discharged as a party
thereto is barred by the statutes of nmi-
tations.
2. The quit claim deed pleaded as a de-
Tense in this case is held to convey all
rights the plaintiff may have had prior to
lands upon which an equitable lien is
sought, and, Interpreted with the resolu-
abandon and sever its connection with
the enterprise known as the De BoiSSierre
odd Fellows Orphans Home.
All the Justices concurring except Ben
son, J., who did not sit.
A true copy.
Attest: D. A VALENTINE,
[Seal] Clerk Supreme Court.
No. 16, ITO.
Theodore r. Converse, Receiver, ct al,
J. H. Edward.
Error from Reno County.
REVERSED.
Syllabus. BY the Court Smith, J. |
The second count of the petition in this /
case is sufficient against a demurrer
on the grounds that the facts stated are |
not sufficient to state a cause of action |
and that it shows upon its face that the |
cause of action therein stated is barred /
by the statute of limitations.
All the Justices eoncurring.
true CODV.