davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1914
The Robert Garrett Lumber Co., Appellee
Mary r. LOTUS, appellant.
AuueaI from LeavenWorth County

The Robert Garrett Lumber Co., Appellee
VS..
Mary r. Lotus. Appellant.
Appeal from Leavenworth County.
MODIFIED.
Syllabus BY the Court. Burch, j.
l. The mechanics lien law (Sec. 6244
Gen. stats. 1909 allowing a lien on a mar
rjed Woman's real estate for material fur
nished to her husband under a contract
with him and used by him to improve
such property does not violate the man
date of the constitution Cart. Is, Sec. g.
that married women shall be protected
in ACQUIRING and possessing property sep
arate and apart from their husbands, or
conflict with the married woman's act
(Sec. 4S72. Gen, Stats. 1909 providing that
the separate estate of a married woman
shall not be subject to the disposal of her
husband or liable for his debts.
2 The mechanics lien statute does not
authorize a personal judgment against a
wife for the price of material furnished
to her husband under contract with him
and used by him in improving her prop
erty.
g. A mechanics lien created In the man
ner stated in paragraph upon married
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 16,
Charles Capell, Appellee,

VS..
Thomas E. Dill, ct al, Appellants.
Appeal from Lane County.
AFFIRMED.
Syllabus. BY the Court. Benson.
]. A grantee in good faith holding pos
session under a sheriffs deed In fore
the title of the mortgagor, is properly
subrogated to the rights of the mortgage,
and considered as MORTGAGE in posses
sion.
2. In the circumstances stated above,
the heirs of the mortgagor will not be
given decree quieting their title against
possession, nor will they be awarded the
possession until they first satisfy the
mort gage debt, although an action there
on would be barred by the statute of
limitations.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeall Clerk Supreme Court.
[Supreme Court Syllabi Continued on
Page g.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
FOR EXCHANGE.

FOR EXCHANGE-Equi in so acres six
ed. balance meadow and pasture. Price
81. 500; mortgage 81, 100, long time. Submit
offer. Garrison & Studebaker, Moline,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
LEGAL.

exceeding the maximum lew fixed nv
SECTION 10 Of chapter 245 of the Laws of
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
LSeaLJ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
D. A. VALENTINE,
Clerk Supreme Court.

No. 1873.
School District Number 3d. in wilson
County, Kansas, Appellant,
VS..
A. F. Squires, J. L. Rogers. and J. F.
Clark. Constituting the Board of County
commissioners of Wilson County, Kan
sas and Josie E. Park, County Super
intendent of Wilson County. Kansas
Appellees. c
REVERSED.
svl1abus BY the Court Smith, J.
/. A court may take judicial notice of
a tax, levied by the board of county com
rnissioners in the county in which the
court is held, upon all the taxable prop
erty in the county.
2 Where a legal duty is cast upon a
hoard of county commissioners, that
duty may be enforced by nnandamus. and
such duty can not be evaded upon the
ground that the county officials have a
discretion to act.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
ISeaLl Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
LEGAL.


upon the township through which the
road runs.
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE,
tSeai1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

- AZ. <1PPCllaASS
VS..
Harvey Defenbaugh ct al Appellees.
REVERSED
No. 1906.
]. NJ. Harris, Appellant,
Harvey Defenbaugh, Appellee.
Appeal from Kearney County.
REVERSED.
syllabus. BY the Court. Porter. j.
l.. In an action quieting title to lands
a judgment obtained by service of pub
LEGATION only is void where. the action is
son named as defendant is dead.
Where an attempt is made to OBJ
tain service by publication upon the I'M
known heirs or devisees of a defendant,
utes of 1901. without an order of the
is void.
3. A tax deed holder is not within the
protection of section 1888 of the General
title of a purchaser in good faith with
out knowledge of a will, derived from
the heirs of any person who is not res
not be defeated by the production of the
wiz, unless the same shall be offered
probate. In order to bring himself with
in its projections he must be purchaser
In good faith and have acquired his IL
tie from the testators or the heirs or
devisees of the testator.
4. IacheS is ordinarily no defense IN
an action 3R to quiet title or cloud
s. The doctrine of laches is founded
to some extent upon the principles of
equitable estoppel. Where. by reason or
acquienscence or long lapse of time.
there is a possible loss of testimony or
increased difficulty of defense, the doc
trine may be applied in the discretion OF
the court, but laches does not consist in
mere lapse of time.
6. The doctrine of laches is never IN
voked in aid of a party where the equit-
les are not in his favor.
z. There are no equities in favor of a
tax deed holder as against the owner
of land. The right of a tax title holder
are purely statutory.
s. Laches cannot be imputed to the
owner of land for failure to begin an
action to annul tax deed where the
tax title holder is not in the adverse pos
session.
9. Where the holder of the legal title
to lands brings an action to quiet his
title, a defendant whose claim rests upon
a defective tax deed less than five years
old can not avail himself of the defense
of lacheS on the ground that the plain
tiff failed to pay the taxes, or to file
his title papers for record, or to assert
his ownership of the lands by taking
actual possession, until after the defen-
dant acquired his rights.
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
FREE DIsPENsARY.
TRANSFER AND STORAGE.

MERCHANTS TRANSFER & STORAGE
Co. packs, ships and stores household
goods. Tel. 1S6. Skinner & Gayhart, GIL
Quincy St
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
First published in The Topeka State
Journal May "a, 1901

IFirst published in The Topeka State
Journals May "a. 1901
THIRTY DAY NOTICE OF APPLICA-
TON OF BUSINESS COLLEGES FOR
A PERMIT TO CANVASS IN THE
STATE OF KANSAS
Topeka, Kan, May g. 1910.
Notice is hereby given that tile follow
ing business colleges Cor commercial de-
partments of other schools) have made
application to me for permit to canvass
in the State of Kansas for the purpose
of selling tuition in advance and contract
Ing or securing notes for tuition from stu
dents before their registration at the BUSH
ness colleges Cor commercial departments
herein named:
Chanute Business College.
If satisfactory proof is furnished that
any of the above named colleges or COM
mercial departments are incompetent to
furnish such a course of instruction as
they advertise or that the moral surround
ings of the institution are not good, or
that the premises are. kept in an. un-
healthy condition, or that the agents of
said institutions use misrepresentation or
fraudulent methods in securing contracts,
notes, or cash from prospective students.
in such case a permit will not be granted
to such business colleges Cor commercial
Departmental
E. T. FAIRCHILD,
State Superintendent of Public Instruction.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
JEWELLERS.

JAMES b. HAYDEN, Jeweler and Opti-
clan. Complete stock of watches, dia-
monds, silverware, etc. Eyes examined
and EpectacleS properly fitted.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

No. 1850.
The Chalute Brick & Tile Company, APP
pellee,
VS..
The Gas Belt Fuel Company, Appellant.
Appeal from Neosho County,
AFFIRMED.
Syllabus. BY the Court. Smith. j.
1. If a written contract, executed by A.
and B., be accepted by C. and acted upon
by A. and c., although the contract be
not assigned by B.. it becomes the con-
tract of C.. as fully as if formally as
signed to him.
2. The intention of the. parties to a
contract is to be determined primarily
by the. language employed therein, con-
strued in it's ordinary meaning. If pro-
vision therein be fairly susceptible of two
meanings, then the general scope and
purpose of the entire transaction and all
the surrounding circumstances are to be
considered in determining which meaning
was intended.
8. Equity will not enforce an uncon-
scionable contract; but the mere fact
that one provision of a legal contract. or
even the entire contract, is more favor
able to one party than to the other does
not ordinarily render it unconscionable
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE.
ISea1.1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
D. A. VALENTINE,
Clerk Supreme Court.
No. 1851.
Northrup National Bank, Appelle

No. 1851.
Northrup National Bank, Appellee,
S. g. Warner, Individually and as Re-
ceiver, and the Bankers Surety Com
pany, Appellants.
Appeal from Allen County.
AFFIRMED.
Syllabus. By the Court Johnston, c. ].
l. A receivers bond running to parties
named and all persons interested or
having an interest in the property may
be awaited of by one who loaned money
and preserve the property placed in the
custody of the receiver.
2. The bond further provided that the
receiver should perform the trust imposed
and make due report of his trust to the
court as ordered by it and make true
should come into his hands. Held: that
when the receiver failed to pay over
money in his hands as directed by the
court there was a breach of the bond
for which, the receiver and his surety
were liable
g. The finding and judgment of the
court as to payment and distribution OF
ceiver was appointed is competent evil
dence in the action on the bond to show
the default of the receiver and the
breach of the conditions of the bonds
T. The compensation of the receiver
for his services, when payment of 1t
shall be made and from what funds, is
largely within the discretion of the court
not appear that there was an abuse OF
that discretion in this instance.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
[Seal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
SUMMER SCHOOLS.

GRAMMAR and writing at Dougherty's
Business College by E. H. Roudebush:
also other branches. Prepare for stronger
work in the grades You are interested.
for special Information, or call at the
school, lis w. 9Th st.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1915
A. Marks. Appellee,


c. G. CHUMOS, Appellant.
Appeal from Douglas County.
AFFIRMED.
syllabus. BY the Court. Smith, J..
l. Where one of two partners enters
into contract in writing for the lease of
a building for the term of three years for
the benefit of a firm. although the con-
tract Is made only in the name of one,
ana IS signed by him as the lessee and by
the lessor, and the partners thereafter
enter into the possession of the leased
premises and occupy it for time, the
lease is>the written contract of the part
ner who did not sign the same, as well
as OF the partner who did sign it.
z where a contract of lease for the
term or three years is executed by one
person as lessee and by the lessor, and
the lessee takes possession of the property
and occupies it for time under the terms
of the lease. and thereafter sells all his
stock of merchandise in the building
leased and all his rights under the lease
TO third person, by oral agreement only,
and such third person enters into the pos
session OIL the property and occupies it for
a considerable time and orally agrees with
the lessor to comply with all the terms
of the lease, the lease becomes the written
contract of such third person.
All the Justices concurring.
A true copy.
Attest; D. A. VALENTINE,
ISeal] Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

The Garden City, Gulf & Northern Rail-
road Company. Plaintiff.
vs.
J. F. Masch Bob Pepper and Frank
French, as the Board of County Com
rnissioners of Scott County, Kansas, and
s. w. Ellison, County Clerk of Scott
County, Kansas, Defendants.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

No 1853.
The First National Bank of Chanute, a
corporation, ct al, Appellees,
G. L. Northrup, ct al, Appellants.
Appeal from Neosho County.
AFFIRMED.
Syllabus. By the Court. Mason, j.
1, Where at the time of the organiza-
ton of a corporation stock is issued at a
that are nominally paid up. the company
agreeing that I4o further payment shall
be demanded the ordinary rule III e,i Is that
far as is necessary for the protection of
creditors who have become such without
notice of such arrangement, up to the
point where his total contribution to the
corporate funds equals the face value OF
his stock.
paid up is issued in exchange for prop
erty that the parties to the transaction
agree is worth a fixed amount which is
less than the face of the stock, creditors
of the corporation have right to look
to the Stockholder to the same extent as
though he had obtained his stock by the
payment in cash of the amount so agreed
upon.
8. Where the stockholders of a corpora
be formed, to which shall be transferred
a part of its property, in return for a
division of the capital stock OF the new
company among the members of the old
one in proportion to their interest there
in and further agree that the property
is worth stated amount ana tna s,I any ny
paid in cash on that basis, and this ar
rangement is carried out, the holders of
stock SO acquired are liable to corporate
creditors to the same extent as though
they had paid cash therefor on the basis
of such valuation.
4 Where a bank has lent money to a
CORPORATION the stock of which is nomi-
nalily but not actually paid in full, its
right to look to the stockholders for re-
payment to the extent to which they
have not paid the face value of their
stock, is not defeated by the fact that
Substantial pecuniary interest therein,
was also the cashier, and acted for both
parties in the negotiation of the loan.
without communicating to any other Of
ficer of the bank his knowledge that the
stock had been issued at discount.
All the Justices concQrring.
A true copy.
Attest: d. A VALENTINE.
[Seal.J Clerk supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
ID. A. VALENTINE,
Clerk Supreme Court.
No. 17,1O4.
Jennie NJ. Schmidt, PLAINTIFF


]. N. Nation ct al, Defendants.
Original Proceedings in Mandamus-
WRIT ALLOWED.
SvIIahus BY the Court. Graves, J:
Where purchaser dnS Of an sShG0 3nr land
neD+s tn another and assigns his GER
cate and gives f5 TO sTch Of Sth fhe
irn1royements: and when he has COM
pieted the purchase under the certificate
by full payment of the purchase price,
he is entitled to a patent.
2 In such a case the state does not
become the owner of the improvements
ana a sale of the land for the appraised
value thereof separate from the improve
ments is proper. -,- =. a.,
certificafe who has paid the state the
purchase price Of the land In thu full d is en- M
AZ s+ata a1ditor to make upon demand
the proper certificate for such patent
All the Justices concurrlng.
A true copy. ,,>,rr1,r,
Attest: d. A NALENI1rN ,.
ISeal.1 clerk supreme Nout@
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
MISCELLANEOUS

PASTURE for horses and cattle at bud
ley farm. Cali for Stratten. Ind. 1907
Ring J.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
OSTEOPATHS.

OSTEOPATHS.
~-<~>-->~~~0o~-%--N-----~
DR. NARY e. ALSPACH, r 40 Conn
mcrce Bldg. Elevator service.
CONCRETE CISTERNS. walks, 1Oc and
garbage burners. cellar floors. &c. CAL
2629-Ring 3. J. M. Brain.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14
No. 1854.

NO. b,6U4.
J. NJ. Harris, Appellant,
VS..
Harvey Defenbaugh ct al, Appellees.
Appeal from Kearney County.
REVERSED.
No. 1906.
7 NJ Harris Anpa1Ia1f
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

[supreme Court syilabi Continued
Page 81
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-06-14

HORSE PASTURE, blue grass, running
water, shade;. no barb wire. r. I. Lee,
w. 9Th st. Bell 3774-1
Arizona republican., 1910-07-15
FRIDAY CLOSING IS
 STILL IN THE AIR Though the Agreement Has Been Signed by Some of the
 Merchants.

The Friday closing proposition is moving along slowly but as yet no definite decision has been reached. IL is certain. however. that all stores will remain open as usual today. By next Friday, the matter will probably have been decided in one way or another. So far the agreement has been signed by the following firms. Hyder Bros, Arizona Mercantile Co, New York Store, Birchett Bros, Harry Lukin and the Lukin Cash Store. There are of course others who are willing to sign but upon whom the committee has not yet called. Those who have signed have done so with the under standing that the agreement shall be in effect only if signed by the rest of the merchants. It would be obviously unfair to expect a majority of the stores to close while one or two re- mained open.
Arizona republican., 1910-07-15
NEWS NOTES.

l.. 1T. Stilwell and son Logan were Phoenix visitors yesterday.
 Rev. c. sydney Maddox is preparing to go to the coast or to the mountains, leaving Mesa about August 1
 P. c. Chandler, s. A. Hurst and Harry Mortensen were Phoenix visit ors yesterday.
 Mrs. Myrtle Montgomery is a Mesa visitor from Phoenix. the guest of Dr and Mrs J. B. Nelson.
 C. l.. Williamson is reported as con valescing from his recent serious ill., ness.
 Mrs. Paul Huber, who recently un- derwent an operation for cancer of the breast, is reported as improving.
 Lorel Stapley is recovering from an attack of typhoid fever.
 Mrs. Josephine Nets was a passenger for Phoenix yesterday morning.
 Mir and Mrs Earl North and chill dren expect to leave for Pineair Satur- day
 Mrs. J. T. LeSueur and Mrs w. Aird Macdonald will leave this evening for the coast, where they will spend the remainder of the summer with MT. and Mrs. Ray LeSueur.
 J. L. Waring will return home today from his vacation spent at ocean Park. Mrs. Waring and children will remain until after the Summer months.
 William Nolan was a passenger for Goldfield via stage yesterday morn ing
 Ben Riggs has recovered from his re- cent attack of typhoid fever and is again able to be on the street
Arizona republican., 1910-07-15
CHAs. z. JONES,
 Manager
VlhGO PLEADS GUILTY
 ID CRIMINAL CHARGE

J. W. Vingo. who was arrested Wednesday in Phoenix by Constable Burton on a complaint sworn out by Charles Davis, charging him with ob- taining money under false pretenses, was arraigned before Justice Irwin yesterday and pleaded guilty to the charge. Under the circumstances it would have been possible for the justice to have imposed a heavy fine as well as to have imposed a six months jail sentence. However, the sentence was postponed for a short time so that not only Davis but a few other creditors who have bills against Ningo may have a chance to either get their money back or to become secured. Vingo was accompanied to Phoenix yesterday for the purpose of making arrangements to secure his creditors, and it is understood will be sentenced this morning by Justice Irwin.
Arizona republican., 1910-07-15
P|NEA|R ROAD
 |S FINISHED Everything in Readiness For
 Visitors to Resort AUTOS MAY TAKE TRAIL
Driver Should Be Exper- fenced In Climbing. It is a Smooth Easy Road For All Other Kinds of Ve- hicles

The president of the Pineair Resort association, w. s. Dorman, was noti- fled yesterday morning by telephone that the trail leading from the Roose- welt road to the resort was completed and that all is now in readiness for the visitors who contemplate entering the resort this season. It should be explained that the road proper is com pleted for a distance of approximately five and one-half miles and there the trail commences. Ii will be necessary to pack over the trail and all those who contemplate entering the resort should provide themselves with the necessary equimpent for going over the trail. It is calculated that the trail is even enough so that bicycles may pass over it, the only difficulty that would be en- countered is that the grade is so steep that it would require the efforts of one who is used to. wheeling. It is stated that a motorcycle can pass over the trail without difficulty.
Arizona republican., 1910-07-15
BACK FROM
 NEW MEXICO 9gfljt.a Ejs 0f Called Their By Murder of a Brother KILLED BY SOME ITALIANS
While On Duty As a Night Watchman- Was Shot In the Neck and Survived
 But Twenty-four Hours

Tom Dennis returned yesterday
 yer City where he has been for the
 past ten days visiting his parents who are in i'll health. Both are rather well
 along in years and their condition was made worse the latter part of
 last month by the news of the murder of their eldest son, Charles Dennis, at
 Brigham City, Utah. MT. Dennis was advised of the death of his brother and left at once for Silver City and it vas not until his arrival there that he learned the details of the affair. He
 did not go to Utah to attend the funeral though a younger brother did. It seems that three drunken Italians were guilty of the murder of MT. Den his brother The murdered man was the night watchman at a mine and as
 the three men passed the property. they were making a great deal of noise The watchman cautioned them to be more quiet and the three promptly jumped on him. He did his best to stand off the three men and was holding his own when a shift boss came running to his assistance. He |
 kicked one of them in the face and
 was starting in on the other two men when in the scuffle that followed. one of them drew a gun and emptied 1t promiscuously. One of the shots struck Mir Dennis in the neck. The two Italians then ran, but the one that had been kicked was captured. NIT. Dennis lived only twenty four hours or so. He was a man of a family and was prominent in that community. Mir Dennis has not learned whether the perpetrators of the crime have been captured or not.
 Mir. Dennis says that the travelling facilities between here and Silver City are much better now than they used
 to be He left there Wednesda after noon at four o'clock and was here the next morning for breakfast. Mrs, Dennis and children accompanied him on the trip and will remain there in definitely during the hot weather. NIT. Dennis leaves today for Hayden on a business trip.
Arizona republican., 1910-07-15
An Experts Opinion OfSkin
 Diseases.

A prominent, national expert on skin diseases whose name you are familiar with says that in all his scientific ex- perience he has never found s0 hard disease to conquer as EcZefna. Yet he does not hesitate to recommend ZEMO as a most successful remedy for the treatment of Eczema, itching. skin diseases, dandurff, .spimples blackheads and all other diseases of the skin arc scalp. He says that not son:y do its curative qualities make it'popular but also the fact that it is a clean. liquid remedy for external use. A great ini- provement over the old style greasy salves and lotions which are not only unpleasant to use bIt do mt destroy the germ life that causes the disease. ZEMO draws the germs to the surface and destroys them, ,eayIng the skin clear and healthy. Can be used freely on infants. Elvey x Hulatt will glad ly supply those who call with 2 free sample bottle of ZEMO and booklet which will explain in simple language all about skin diseases and how 10 cure yourself at home with ZEMO.