davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 1892.
Ira L. Milburn, Appellant,


A. R. Beatty, Appellee.
Appeal from Morton County.
AFFIRMED.
Syllabus. BY the Court. Mason. J.
l. A tax deed over five years old VIII
not be set aside because it shows on Its
face that the amount for which the GER
tificate was assigned and the deed issued
SIS 97-was 80 cents less than should have
been charged when the discrepancy is
traceable to the computation of interest,
and the amount paid Is only one cent less
than the result that would be obtained by
figuring the interest on one dollar, reject
ing the fractions of a cent, and multiply
ing this by the number of dollars In the
Understanding charge, carried out to two
decimal places.
2 A tax deed over five years old based
upon the taxes of several years will not
be held void because in the statement OF
the consideration the amount is referred
to as the taxes, cost and interest due for
a single year, where the specific recitals
show the actual facts.
3. A signature to a tax deed reading y.
F. Simpson, by A. Reeves, Deputy County
Clerk will be interpreted as though it
read ~. F. Simpson Qby A. Reeves,
Deputy, County Clerk"
All the Justices concurr1ng.
true copy.
Attest: D. A. VALENTINE.
[SeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
LEGAL.

ties for the purpose of making further or
ders in the premises should just and prop
er cause arise therefor in the future.
g. This court cannot make an order af-
fecting the substantial rights of foreign
corporation in an action to which it is not
a party.
All the Justices concurring.
A true copy
Attest: D. A VALENTINE,
tSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 1884.
Leslie Ullrich, Appellant

No. 1854
Leslie Ullrich, Appellant,
VS..
Leslie Ulrich, Appellant,
Appeal from Reno County.
AFFIRMED,
9yllabus. BY the Court Burch, }.
A party claiming title brought eject
ment to recover a tract of land from the
grantee of purchaser at a sheriff sale
A mortgage of the claimant was MADE
q party. In a cross petition he pleaded
that he purchased the Judgment under
which the sherifs sale was made to pro
tect his mortgage, attacked the sherin
sale and deed utterly void and prayed
that he be given mortgage lien on the
land as the property of the claimant.
After a trial the claimant and mortgage
were defeated, the sheriff's sale and deed
were sustained and on appeal to this
court the judgment was affirmed. The
mortgage and owner of the judgment
then sued the successful defendant in
the first action for the land asking that
the title conveyed by the sherim's deed
be decreed to be held in trust for him. The
cause was submitted on the pleadings,
evidence, Judgment and other proceedings
in first case Held, the relief prayed for
is doubly barred because incompatible
with the course elected in the former
suit and because the matter is res judi
1cata.
All the Justices concurring.
A true copy. -
Attest: D. A VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 16, 321.
The City Of Altoona, Appellee.

No. 1921.
The City Of Altoona, Appellee,
VS.. ...
The Richardson Gas & Oil Company ct al,
Appellants.
Appeal from Wilson County.
AFFIRMED.
Syllabus. BY the Court Mason T.
Where one corporation becomes prac-
tically extinct. transferring all its assets
to another and receiving in return stock
IN the other corporation, which succeeds
to its business, the new corporation is
liable, to the extent of the value of the
property acquired, for the debts of the
old one.
All the Justices concurrIng.
A true cUpy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
D. A. VALENTINE,
Clerk Supreme Court.

No. 1888.
Elaranda A. ]. Brown and Marvin Brown,
Appellants,
The Union Pacific Railroad Company,
Appellee.
Appeal from Dickinson County.
AFFIRMED,
Syllabus. By the Court Smith, J.
To sustain an action for damages oc-
casioned by the alleged negligence of
another, it is necessary for the claim
ant not only to show that the injury
occurred, but to produce sufficient evil
dence to show prima facie that such
injury occurred through the fault of the
other. 1t is not sufficient to show cir
eumstances which would indicate that
me other party might have been guilty
dence furnished suggests with equal
force that the injury might have resulted
without fault on the part of the other
party.
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE,
LSeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 16, 39.
Bolinger, Trustee,
peilee,

E. W. Bolinger. Trustee, Plaintiff, APP
peilee,
VS..
deIen NJ. Beacham, Defendant, and H
ii. Beacham, Intervenor, Appellants.
Appeal from Cowley County.
Judgment against the defendant affirmed
Judgment against the intervenor reversed.
syllabus. By the Court. Benson, J..
l. Upon an examination of the evidence
II is held that a finding that the defendant
mad in her possession $4,000 in money Sc
creted among her effects, is sustained
thereby.
2 When the law of another state be-
comes material upon a trial in this state,
1t must be pleaded and proved as a fact,
and mistake concerning a statute of
another state is treated in our courts as
mistake of fact.
All the justices concurring.
true copy.
Attest: D. A. VALENTINE
LSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

No. 1910.
Flora F. Allison, Appellant,
VS..
John M. Whitaker, Appellee.
Appeal from Kearny County.
REVERSED.
Syllabus. BY the Court. Graves. J.
In an action to quiet title the land was
properly described in the petition as che
southwest quarter of section Is, township
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 1892.
William Despair, Appellee.


VS..
The Pacific Mutual Life Insurance Com
pany, of California, Corporation. APP
pellant.
Appeal from Wyandotte County.
Court of Common Pleas.
AFFIRMED.
Syllabus. By the Court Smith J
/. An agent for an accident insurance
corporation who has authority to solicit
insurance, take applications and to coun-
tersign and issue policies therefor,
any representation in the application
which is within the ordinary scope of
insurance business and not known by
the assured to be outside of the author
ity granted to the agent.
2. When an applicant for insurance
tells such an agent facts which are con-
Trajectory to statements contained in the
application, which application the agent
procured the applicant to sign, knowing
that he had not read the same and that
his attention had not been called to such
statements. the agent may and will be
presumed to have waived the statements
In the printed application on behalf of
the company, and the company will be
presumed to have known all the facts
communicated to such agent during the
transaction and relating thereto And
this Notwithstanding the application con-
tains restriction upon the authority of
plicant being ignorant of such restric-
ton. at least until after the policy is
issued and securities taken for the pay
ment of the premium
All the justices concurring.
true CODY.
Attest: D. A. VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 16,346.
Fred l.. Morris, Appellant.


Fred l.. Morris Appellant,
VS..
C. s. wicks and James NJ. Evans, Appel
lees
Appeal from Wilson County.
REVERSED.
Syllabus By the Court. Mason. j.
In order for the grantee in a quit-claim
deed to take advantage of the statute
requiring conveyances of real estate to be
recorded and thereby to defeat the title
held under an earlier unrecorded deed ex-
ecuted by the same grantor, lie must
have paid valuable consideration there
for and the payment of merely nominal
amount will not meet this requirement.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 1872.
The State of Kansas, ex rel,

No. 15, 1872
The State of Kansas, ex rel,
The International Harvester Company OF
America.
Original Proceeding, in Quo Warranto.
Sylla bus, BY the Court. Graves. j.
J. Where foreign corporation is trans
acting business under license. granted by
this state and violates the antitrust laws
of this state, the license and right 10
prosecute business within the state may
be forfeited and set aside and such cor
poration wholly ousted from the state or
it may be prohibited from engaging IN
specific practices which are contrary to
the laws of the state.
2. Where in such a case a corporation
has by its conduct become liable to a conf
plete custer, the court may in its discre.
ton make limited qualified order OF
custer prohibiting certain specific acts and
retain jurisdiction and control of the par
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 1882.
James Titus, ct al, Appellees,

James Sherwood, as President of the
State Association of Miners, Appellant,
Appeal from Crawford County.
REVERSED.
Syllabus. By the Court. Benson. ].
l. The state secretary of mine indus
tries, provided for in the act creating
dhe state association of miners, Is ex
officio state mine inspector and pub
lie officer.
?. The authority given to the presto
ing officers of five local miners unions
in that act to demand that the president
of the state association of miners shall
convene the delegates to such associa-
ton by special call for the purpose of
electing a successor to the state secre-
tary of mining industries, does not give
TO such presiding officers an interest in
the subject sufficient to maintain an ac-
ton in their own names to compel the
issuance of such call by mandamuS.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 1890
The Girard Trust Company, Trustee.
Appellee,

No. 1880.
The Girard Trust Company, Trustee,
Appellee,
Ida ]. Jones, ct al. Appellants.
Appeal from Rawlins County.
REVERSED.
Syllabus. BY the Court. Johnston. c. ].
l. A tax deed good on it's face. which
has been of record more than five years
during which time the purchaser has had
actual. possession of the land conveyed,
vests, in him an absolute title which ex-
tfnguishes and destroys all titles liens, or
interests existing when the tax proceed
ings were had upon which the tax deed
is founded.
2 Where proceeding is brought
TO forecloSe an eXtinguiShed mort
gage lien and the holder of the
tax deed mentioned is made a de-
PENDANT and answers setting up his title
under the tax deed, the fact that he asks
to have his title Quieted as against the
plaintiff will not justify the court in set
ting aside his tax deed for Irregularities
in the tax proceedings. nor in adjudg-
ing that the land shall be sold to satisfy
such mortgage lien.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
lSeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

No. $3.50.
The State of Kansas, Appellee,
Albert Huxley, Appellant.
Appeal from Osborne Count.
AFFIRMED.
Syllabus. BY the Court. Porter. j.
l. In the trial of a murder case, evil
dence of a declaration made by the de-
PENDANT previous to the homicide, offered
for the purpose of disproving malice or III
will and tending to prove a proper
spirit of friendliness toward deceased, was
properly excluded as self-sering declara-
ton.
2. In order that a defendant in a GRIM
.inal action may avail himself of the pro-
visions of section 209 of the criminal code
and sections 1853 and 1853 of the civil code
providing for an inspection and copy or
permission to take copy of a paper or
document under the control of the attor-
neys for the state. he must, where COM
pliance with the demand is refused, ask
for and obtain an order from the court
or judge requiring the adverse party to
give him, within specified time, an in
spection and copy or permission to take a
copy of such paper or document. The
mere serving of notice of a demand for an
Inspection as provided in section 1853. with
out obtaining such order, is not sufficient.
g.. In this case. held, in common fair
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. 16.549.
The State of Kansas, Appellee,

No. 16. $40.
The State of Kansas, Appellee,
VS..
James P. Frederickson, Appellant.
Appeal from Allen County.
REVERSED.
Syllabus. By the Court. Burch. j.
l. When the defendant in a criminal &C.
ton undertakes to establish good charac-
ter as an element of his defense to the
charge he is limited in his proof to tesu-
mony regarding his general reputation for
possessing the traits involved, in the COM
munity where he resides. and the state, in
rebuttal is limited to the same kind of
testimony. Neither party may resort to
specific instances of conduct demonstrative
of character nor to the private judgment
or opinion of individuals. nor to any fact
other than that of general reputation.
2. In this case it is held that certain
evidence in rebuttal admitted in opposi-
ton to the rule stated was prejudicial to
the defendant to such an extent that he
is entitled to a new trial.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
ESeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

No. 16.7o2
The State of Kansas, Appellee,
F. D. Sherman, Appellant.
No. 16, 7O6.
The State of Kansas, Appellee,
G.. Benda, Appellant.
Appeal from Russell County.
AFFIRMED.
Syllabus By the Court. Graves, J.
l. Section 5 of chapter 164 of the Laws
of 1909 which prohibits the taking of or
ders within this state for intoxicating
liquors is not repugnant to the provisions
of the federal constitution giving Con-
gress the power to regulate interstate
commerce.
another state can not, by virtue of this
provision of the federal constitution, come
into this state or send his agent here and
in defiance of the laws of this state carry
on the business of soliciting orders or pro-
posals for the purchase OF. such intoxicat-
ing liquors to be shipped from such other
state, without mourning the penalties OF
such laws Crigler V, ,Shepler, 70 Kan.
1884,
g. This statute is not repugnant to Sec
ton 16 of article of the constitution CT
this state.
4 .sWhere the statute makes either of
two or more distinct acts connected with
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

No. IL, 356.
Henry F. Mason, Fred Washbon. Marion
X. Brundage and Alexander A. Sharp,
as the Council of Administration of the
Most Worshipful Grand Lodge of An.
e1ent, Free and Accepted Masons Of
Kansas, Appellees,
Samuel Zimmerman County Clerk STAN
ley Medlicott, County Treasurer, The
Board Of County Commissioners of
Appeal from Shawnee County,.
REVERSED.
l. The following e provision Of '' section or
one article eleven of the constitution of
Kansas. "An property used exclusively
poses shall be exempt from taxa
tion,'' should be strictly construed, as
should also the similar provision of sec
construed, these provisions exempt from
taxation only such property as is used
dispensing charity.
z, Charity is a gift to promote the
able'', as used in such constitutional and
statutory provisions, means intended for
charity, and benevolent is, as used
table, - ---S WIN iai
All the Justices concurring.
Attest: D.A. VALENTINE.
tSeaLJ Clerk Supreme Court.
No. 1881.
agnes Cunning, Executrix, Appellant,
The Board Of County Commissioners of
Wyandotte County, Kansas, Appellee.
MODIFIED.
No. 1898.
H. A. Mendenhall, Appellant
VS..
The Board of County Commissioners of
Wyandotte County, Kansas. Appellee.
AFFIRMED.
Appeals from the Wyandotte County
Court of Common Pleas.
Syllabus. By the Court. Benson, j.
/. In actions or proceedings prosecuted
by the state to which the county is not a
party the taxation of costs and the formal
entry Of Judgment therefor against the
county does not establish the liability of
the county for the fees of an officer alleged
TO have been included in the aggregate
sum stated in the entry the amount of
the recovery.
2 A judgment against a county having
county auditor is claim to be examined
and passed upon by that officer:-A suit
cannot be maintained against the board
or county commissioners on such a claim
until the decision of the auditor thereon.
g.. Questions involving the recovery of
costs against county are considered
All the Justices concurring.
A true copy.
AkteSI: d. A. VALENTINE,
lSealJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

No 16, 554
The Kansas Masonic Home, Appellant,
VS..
The Board of County Commissioners of
the County of Sedgwick. State of Kan
sas; Jesse L. Leland, County Clerk of
Sedgwick County Kansas; and E. Webb,
County Treasurer of Sedgwick County,
Kansas, AppelleeS.
Appeal from Sedgwick County.
REVERSED.
Syllabus. BY the Court. Smith, ].
1. The exemption from taxation de-
c1ared by section one, article eleven, of
our state constitution, Is a property ex-
emption based solely upon the exclusive
use made of the property. 1t is not an
exemption to the ownership, and the
character of the owner as to being benev-
olent or otherwise is not a test.
2. If property is used exclusively for
benevolent or charitable purposes, it is
exempt, regardless of the value or area of
the propertv and it is not requisite that
the charity dispensed be purely public or
even public. If the property be exclus-
lively used for charitable purposes, the ex-
emption is not defeated although only the
members of certain societies and their
relatives are eligible to become recipients
Burch, J., Porter. J.. Graves, J.. and
Benson, J., concurr1ng.
Mason J., not sitting.
Johnston, c. J., dissenting.
A true copy.
Attest: D. A. VALENTINE,
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
No. IS, 365.
Sebastian GARLIC, Appellant,


VS..
The United States Construction & Finance
Company, Appellee
Appeal from Finney County.
REVERSED.
Syllabus. By the Court Mason, J.
l. In an action for the negligent injury
of workman evidence was introduced
tending to show these facts: The defend
ant, corporation, was building factory.
The plaintiff was in its employ under one
of its foremen engaged in that work A
well outside of the factory had been dug
tractors, whose Connection with the mat
ter ended there. The purpose of the well
was to test the water supply, in order to
stalled in the factory, and it was used
by the company to furnish water during
the construction of the building; A pump
pany was installed over this well by some
one whose connection with the company
quest the foreman referred to brought the
plaintiff and other laborers to assist in
the work, in the performance of which
the accident occurred.
Held, the evidence was sufficient to JUS
tify submitting to the jury the question
whether the defendant had control of the
was received.
2 The obligation of master to his
method of performance of their work is
one of his non-delegable duties, the
neglect of which imposes a liability for
question Of fellow service.
3. Where an employee is injured while
assisting in lowering a heavy piece OF
such injury is due to the negligent act OF
those in immediate charge of the work
in failing to employ some mechanical de-
vice to control its movement, instead OF
undertaking to move it by hand, the en-
ployer can not avoid liability upon the
ground that the negligence was that OF
a fellow servant.
T. The danger of attempting to lower g
| heavy piece of machinery down an in
| clined Dlane by hand is not so obvious
| that it can be said as matter of Law
| that a laborer assisting in the work as
sumes the risk of injury.
All the Justices conIurring.
true copy.
| Attest: d. A. VALENTINE,
| ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
CARPENTER AND BUILDER.

J. r. COULTER, carpenter and builder
job work a speciality; all orders prompt
Iy filled; reference given; work guarar
teed. Ind. phone 2646 Black.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

No. 16, 100.
FRANK Plttman, ct al. Appellees,
VS..
Lou E. Pittman, ct al, Appellants
Appeal from Atchison County.
AFFIRMED.
Syllabus. BY the Court Smith. 7
Where widow without regard to the
provisions of the will of her deceased
husband elects to take under the law of
descents and distributions, such election
goes not render the will imperative. AS
DetWeen other persons the will will be en-
forced as near in accordance with the
intention of the testator as it can be-
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE
lSeaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

Joseph Fennell and Enos Fennel1, Appel
lants,
John Fennell, ct al, Appellees.
Appeal from jackson County.
ON REHEARING. MODIFIED.
SYLLABUS BY the Court. Graves. J.
Where widow elects to take under the
hand. the provisions of the will, where
it can be done. will be administered as to
other persons, unaffected by the action of
the widow.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeal.1 Clerk supreme CouH-
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15
MONEY.

BETTER REALTY AND LOAN CO.
Make farm and city loans in any amount
from $500 up, at lowest rates and on the
most favorable terms. Office ground floor.
Columbian Bldg.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15


CAPITAL CITY VITRIFIED BRICK s.
PAVING CO., PA E. 9Th st. Mfgs. OK
building. paving and sidewalk brick.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

No. 16, 49,
Harriet H. Towle, Appellant,
VS..
Howard H. Towle, Minor, and Lester
W Towle, Minor. by Alice s. Towle,
their Mother and Next Friend, and Ed
ma A. Blackburn, appellees.
Appeal from Clay County
AFFIRMED.
Syllabus. BY the Court. Porter, J.
l. Sections 5 and 6 of the statute of
descents and distributions providing for
the distribution of the homestead of an
1nteState, are not in conflict with the
provisions of section of article 10 of the
constitution exempting the homestead from
forced sale under any process of law.
The homestead laws are enbra ced
not only in the constitutional provision,
with reference to the homestead in the
statute of descents and distributions (ch
81, Gen. Stat. 190D and the statute of ex-
emptionS (ch. So, Gen. Stat 1901
j. The sale of homestead in partition
under the provisions of section of the
statute of descents and distributions is
not q forced sale'' within the meaning
of that term as used in section of article
Is of the constitution
T. While the legislature is without DOW
er to enact a law limiting or restricting the
of article Is of the constitution it has the
power to enact laws which in effect add
to or increase the exemptions provided by
the constitution.
Burch. J.. Mason, J., Smith. J., Graves,
J.. and Benson, J., concurring.
Johnston, C. j., dissenting.
A true copy.
Attest: D. A. VALENTINE.
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

D. A. VALENTINE,
Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

mo. Ib,Z66.
The First National Bank of Hays City,
Appellant.
VS..
Mrs. James (Candas) Carter, ct AL, APP
pellees.
Appeal from Ellis County.
REVERSED.
Syllabus. BY the Court Burch ].
A widow occupying a homestead, the
title to which descended to her and her
children, cannot complain of the forced
sale of an adult sons share, and after
the minor children have all arrived at
the age of majority the purchaser of such
share is entitled to partition.
Burch, J., Mason, J.. Smith, J., Porter,
J., and Graves, J., concurring.
Johnston, C. j., and Benson, J., dissent
on the grounds stated in the dissenting
opinion In Towle VS.. Towle ct al just de-
cided.
A true copy.
Attest: D. A VALENTINE,
ISeall Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-02-15

d. A. VALENTINE,
Clerk Supreme Court.