The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-07-12
D. A. VALENTINE,
Clerk Supreme Court.
No. 16, 42S.
Chauncey Dewey ct al, Appellants


H. J. Farmhouse, Appellee
Appeal from Riley County.
REVERSED
SYLLABUS. By the Court. Graves. ].
l. 10 make complete gift of personal
property inter vivos, there must be de-
livery of the property from the donor to
the donee or to some person for him.
Where donor decides to give to
Snother a certificate of shares in a
the payments thereon for the donee I'M
" maturity, and then causes such GER
do 5lcate to be issued in the name of the
self, and makes the subsequent payments
thereon in the name of the donee, but at
property of the donee and his possession
as holding in trust for such donee, the
delivery to himself as trustee of the
donee will be held sufficient to complete
the gift.
8. A certificate of shares in a build
Endorsement in blank upon the back
thereof by the person to whom It was
i nartds Will prima faeie as between the
dee and holder thereof. the owner of such
Burch,- J.. Smith, J., Porter, J., Ben
con-, j.. concurring.
Johnston, C. J., and Mason, J., dissent
rue copy.
Attest: p: A VALENTINE.
lSeal1 Clerk Supreme Court
Nos. 1890 and 1898.
w. r. Rodgers ct al, Appellants,
The City of Ottawa ct al, Appellees.
Appeal from Franklin County.
AFFIRMED.
syllabus. BY the Court. Porter, j.
l.. Section 1920, General Statutes of 1909.
authorizing the city council of cities of
to levy Special taxes Ia payment there ere
for. provided the majority of resident
owners owners of property liable to taxation
from the last publication of the resolu-
ton file their protest against such i'm
the property owners have the full period
disapproval; and if, after, a majority
of the twenty day period, the majority
protesting become the minority by
the co1ncil have pow power sp to proceed.
2. Where the merits of a case are
fully tried out in an application for a
ton of witnesses by both parties, and
at the request of the parties the court
illusions of law denying the temporary
injunction, and on the final hearing it
is stipulated that the findings made at
the time the temporary injunction was
refused should stand as admitted facts,
held, that the court committed no error
in holding the plaintiff estopped from
former hearing.
All the justices concurring.
Attest: D. A. VALENTINE.
TSeaL1 Clerk Supreme Court.
No. 16,649
Annie NJ. Nesbitt, Appellee,
VS..
Henry Bearman, Appellant.
Appeal from Stanton County.
REVERSED.
Syllabus BY the Court. Porter. ].
l. The assignee of tax sale eertifi-
cate of lands bid in by the county for
delinquent taxes who takes out COM
promise tax deed is a purchaser at
tax sale.
2 Chapter 24s. Laws of 1889. entitled
IAN Act concerning tax deed" which is
section $3.50 of the General Statutes of
1909, and which authorizes purchaser
at any tax sale where more than one
tract of land is sold to require the coun-
ty clerk to include all such tracts in
one deed, applies to compromise tax
deed.
g. A compromise tax deed which has
been of record more than five years is
not void for the reason that it includes
separate and disconnected tracts of land
which were sold to the same purchaser
at separate tax sales.
All the justices concurrfng.
A true copy.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.