The Topeka state journal., 1909-03-09

pay the conventional and judgment rate |
of eight per cent. per annum.
All the Justices concurring-
Attest: D. A. VALENTINE,
TSeaiJ Clerk Supreme Court.
W. G II. sil1 Hills,
Ira ]. L. Allison.
Error from Cowley County.
REVERSED.
Syllabus. By the Court. Burch. j.
l. A tax-deed holder in possession who
is defeated in an action of ejectment and
who claims and receives the beneftt or the
gPy9fg 61aeS fer that poroH onS of the
taxes paid which was levied upon the as.
IF a tax-deed holder be defeated in
an ae99n for or Re beeet of fe occupy
claimants act the value of the land and
of the improvements be established sep.
arately. the successful claimant may elect
to receive the value of the land without
the improvements, and If such an election
be made the court may order the land sold
ywithin fixed period, ana nd may may rai9e esta3usa
liens He tb upon PIgt the 81 S ars Ge sale
g. printed copy of the entire record
without abridgement or eondensation rs
rule m M 1oa. 7~' ~
l. If the plaintiff in error fail to com
court may in its discretion dismiss the
proceeding in error or affirm the judg-
ant in error may not demand a dismissal
or affirmance as a matter or right De
s. In this case the plaintiff in error is al
lowed no costs for printed copy OF tne
stracti a aithough the Judgment of the lower
court is reversed In his favor.
All the Justices concurring.
Attest: D.. A. VALENTINE.
[SeaL1 Clerk Supreme Court.
No 1855.
John Haish,
John Pollock.
Error from Stafford County.
Syllabus. BY the Court. Mason, j.
1. The application of the ordinary rule
that the purchaser of real estate at sher.
until a deed is executed is not prevented
by a showing that there was an unex,
Of fH''ihn the iAclTi order of T Confirmation that
a motion for a punc pro tune 3 - entry try
premises. and that in consequence there
was a considerable delay in the procure
ment rSe of shso,5f as deed e The time to which
the plaintiff in an ejectment action was
en am aereed Statement Which pecited that
the defendant occupied the premises IN
% 6ed G5y out Of t8 the bTng
thereon, retaining the keys. and that
thereafter while he did not. rent the
edge and consent occupied it. Held. that
no error was committed in denying the
the date specified.
All the justices concurr1ng.
Attest: D. A. VALENTINE.
rSeal1 Clerk Supreme Court.
W. M. walterscheid and Charles.
Walterscheid,
James A. Crupper.
Error from sedg@TiGk @ County.
Syllabus. By the Court. Porter. J.
In an action by a tenant ut against st. the I,5
removing a portion of the roof of the
house for the purpose of rendering it un-
vacate, causing injury to the plaintiff a
verdict for $500 will not be set aside as
All the Justices concurring.
Attest: d. A. VALENTINE.
TSeal1 Clerk Supreme Court
No. 1851.
A. L. Banks,
Rosa G. scholz.
Error from Marshall County.
AFFIRMED.
! Syllabus. BY the Court. Graves. )
Under a contract which reads: This
contract entered into this 24th day of
March between Banks Bros. and Rosa c.
scho1z whereby the said Banks Bros.
. agree to pay to the said Rosa G.
schoIz. the sum Of one hundred twenty
dollars per year after the year 1905 for
of twelve Thousand dollars payable to E.
G. DTake Ike .1ydd6 yllieh 1 they have as 9assumedi
and the mortgage released December 80.
1906, the insta1nent of $120 on the note of
Ali the Justices concurring.
Attest: D. A. VALENTINE.
[seaLI Clerk Supreme Court
No is, ,s69
e-4Owensboro Wagon Co.,
D. A wilson & Co.
Error from SedgWiek County.
Syllabus. R1 f the tt'H Court. G Mason. J.
i The rule forbidding the admission of
an oral agreement varying the terms of a
written contract is not violated by permit
ting the defendant in an action upon q
promiSSory note to prove as set off an
dae made m fe t6e note
was given, and which formed a part or
q whether the promise of one who ex-
pTessly assumes liability for debt h for
WI whcn n i ia orgap1V Question
! of fact to be determined in the light of
all the surrounding circumstances.
upon a note learns for. the first time at
the trial of the case that the defendant
behalf by the agent who procured the
note, which formed part of its consid-
| ton he continues to assert his rights up
on the note, he cannot defeat the effect
I OF such contract II II Is SHOWN TO nave
/ been made, by denying that his agent had
authority to bind him thereby.
g. One who submits case tried without
a jury, without asking opportunity to pro-
cure further testimony, is not in posi-
| trial on the ground that he was surprised
| by the evidence of the adverse party.
| All the justices concurring.
| A true copy.
| Attest: ID. A VALENTINE
| TSeai1 Clerk Supreme Court
i No. Is, $50
| r. NJ Templeton. ct al