The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-11-09


Attest: DA VALENTINE.
lSeaLl Clerk Snpreme Court.
No. 5000.
The Peoples Gas Company, a corpora
ton, and The Atlas Crude Oil Company,
a corporation
Joseph Fletcher and Matilda Fletcher, his
Error from Montgomery County.
AFFIRMED.
syllabus By the Court. Porter. ].
L. A certificate of acknowledgement
made by an officer authorized to take ac-
d6 sncs % EN- is only prima facie eyi-
and while. it is entitled to strong pre-
sumption in favor of its. truth, it may be
lmpeached by parol testimony.
2 Where the parties have actually ap-
peared and signed an instrument and af-
towards attempt to contradict the eerti-
to impeach the acknowledgment must be
| clear and CONVINCING. lGabbey VS.. For
| parties deny. the execution of the instru-
ment and claim neither to have signed
while carefully scrutinized. is admissible
to- impeach the certificate and will be en-
| titled to as much weight as that of any
other interested witness.
3. In case tried by the court where
the court submits questions of fact to the
jury In an advisory capacity. and adopts
their findings, it will be assumed that
the court gave proper weight to all the
| A. In a case tried by the court where
the court makes special findings in favor
| of the defendants and finds generally or
all the issues in their favor, and renders
| Judgment accordingly and some of the
special findings appear to be insufficient
1 tiffs have neglected to ask the court &c
make further findings or to modify those
made, the special findings will be disre-
ficient to support the judgment. -
Ali the justices concurring.
| A true copy.
Attest: D. A. VALENTINE.
[SeaL1 Clerk Supreme Court.
No. 1855.
4 Thomas Ord, ct al.
| w. A. Neiswanger.
Error from Finney County.
REVERSED.
Syllabus. By the Court. Mason J
l. Service by publication upon part
nership by its firm name, without specl
Tying the individuals composing it. is no
necessarily void.
a partnership composed of John D. ant
Mary. Knox. the grantees being thereii
g. Knox HhS y to d firm i fsI dee,
holder thereafter obtained default de
perfy based u r SO the no
in an action in which the mortgagee
were refererd to- throughout merely a
not open to a collateral attack on accoun
Of the failure of the publication notice an
pepeions 4t dne record to name tn
!, them more definitely
8. A recital in a tax deed over fiv
years old that the land conveyed whel
offered at the tax sale could not be sol
for a stated sum. being the whole amour
against 1t, and was bid off by the treas
urer for the county. sufficiently show
the amount for which it was SO bid off.
A., A tax deed over five years old whic
recites that property was originally hi
in by the county treasurer, that there
after an individual paid him an amour
equal to the cost of redemption, and tina
the purchaser. afterwards paid the sub
sequent taxes. Is not rendered void be
, cause it contains no recital that the coun
. ty clerk assigned the tax sale certificate
: That the assignment was made may b
, inferred from the fact that the perso
. paying the money is referred to as tn
purchaser.
All the Justices concurrlng
IF A true copy. - - =
!, l. Attest: D. A VALENTINE
IL ISeal.1 Clerk Supreme Court