The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1903.
Inc state of Kansas, Plaintiff,


The Topeka Club, Defendant.
original proceedings in Quo Warranto.
.,,- ALLOWED.
pyuaDuS. BY the Court. Graves. J.
When a statute is attacked as being
IN violation of section 16 of article 2 of
the constitution for the reason that it
IS not within the title OF the act such
title will be literally Interpreted for the
purpose of upholding the law.
contain every detail of the entire act;
y VIII be sufficient If it fairly indicates,
b InPnga IN general terms. its scope and
the main purpose and reasonably adapted
To- secure the objects indicated by the
TUE may be embraced in the body of
the act without violating the constitu-
B. Section 2466 of the General Stat
utes of 1901, being originally section is
OF chapter 1S of the Laws of 1881 the
title to which enactment reads:
An act to prohibit the manufacture
and sale of intoxicating liquors except
for medicinal, scientific and mechanical
ure and saie thereof for s tns
Is within such title ana not unconstitu-
tional
All the Justices concurring except Por-
ter, J., who did not sit.
a true copy.
Attest; d. A. VALENTINE,
Iseall Clerk Supreme Court.
No. 16.4s2
Fred Robertson and w. ]. Ratclin. APP
pellees,
G. F. Howard, Appellant.
Appeal from Rawlins County.
AFFIRMED.
No. 16,463.
Fred Robertson and w j. Ratcliff, Ap-
pelleeS,
Fred Howard, Appellant
Appeal from Rawlins County.
AFFIRMED.
syllabus BY the Court. Smith. ].
l. The sale by trustee in bankruptcy
under the orders of the United States
district court in the state of Illinois of
in Kansas, conveys to the purchaser
of such certificate no interest in the
lands in this state-none of the steps re
CURED by the laws of the United States
lands as such.
?. The contract between the bankrupt
and the state of Kansas evidenced by
the certificate Of purchase, a part of
the purchase price being paid, conveyed
TO the purchaser an equitable title to the
land.
3. The purchasers equitable interest in
subject to sale on execution. Sec. 90S7
of the General Statutes of 1909, subd. s;
Poole VS.. French, II Kan. S91.
4. Where land has been regularly Of
fered at tax sale for the non-payment
OF delinquent taxes, and the land is bid
tax sale certificate, In less than three
years from the. time of such sale, to
one who pays the entire amount of de-
costs. such assignment is illegal and does
of the land The purchaser of such GER
tificate, however, obtains lien on such
land for the taxes paid; but this lien
may be Invested by a continual tender
of payment of the full amount of taxes,
interest, penalties and costs made to the
holder of the certificate, of a tax deed
issued thereon. by one who has an inter-
est in the land.
5. Upon an adjudication of bankruptcy
and the appointment and qualification
of a trustee, the title and control of all
the bankrupts non-exempt property vests
in the trustee for the purpose of liquidat-
ing the debts of the bankrupt under the
orders of the court. Subject to this pur-
pose, the bankrupt retains an interest
in the property which, in case the prop
erty- is not needed or not disposed of
for such purpose and the bankrupt is
discharged, recalls to the bankrupt all
rights thus vested in the trustee.
s. If during the tendency of the bank
rupt proceedings the bankrupt conveys
ali his interest in any such property and
thereafter is fully discharged, and any
property so conveyed has not been used
or disposed of, the reversionary title
thereto follows such conveyance and vests
in the grantee.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
LSeaLl Clerk Supreme Court