The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-07-12
LEGAL.
SUPREME COURT SYLLADI.
No. 17,121.
Inc State of Kansas, Appellant,

No. 17.1n.
Inc State of Kansas, Appellant,
~ VS..
Ane Board of County Commissioners of
shawnee County, Appellee
Appeal from Shawnee County.
s,.r AFFIRMED
"@Dus- By the Court. Burch. j.
VytttL IN this state the legislature may.
tnha ~ violating the constitution, extend
me- me PROVISIONS of an existing statute to a
to s,, SILoJect by an appropriate reference
s1 Th statute in the new act
80. Inc legislature has the power, under
sne constitution, to declare by later
es.,,t the meaning and intention of an
i've i've Interpretation is binding in all cases
sung AFTER 1t has been made manifest.
t,Sa reference statutes and interpretas a.
tbne statutes are not amendatory WITHIN
he meaning of section 16 of article OF
the constitution.
=. When the provisions of statute are
ee;H<ended by reference it is not necessary
Snat any particular formula of reference
pc ps employed If the necessary inference
rum the general meaning of the new act
eend the purpose of the legislature IN
framing 1t be that the former statute
ssnal govern the new subject the extension
Is as clear as if studied expressions to
erect it had been used.
. In cases of legislation by reference
snose provisions only of the EXTENDED ACT
are incorporated in the new one winch
are appropriate to the new subject:
az 8. Chapter so of the laws of 1903 ind d.,
dlcates that the provisions of chapter 1O4
of the laws of 1888 as amended by chap
ter ZIG of the laws of 1885, relating to
leveeS, shall apply to the construction OF
levees partly within and partly without
cities of the first class and does not VI
olate the section of the constitution re-
ferred to-
7. A petition to the board of county
commissioners of Shawnee county pray
ing for the construction of a levee With
in the city of Topeka under the pro-
visions OF the act of 1893, was cla Gea a
Gfr ro6 E1nPn hn
passed. 1t was presented after the act
of 1903 took effect Held. the petition con-
ferred jurisdiction upon the county poaro
to construct the levees.
s. In levee proceedings under the a es
the Ievee; but it may be assessed for
benefits to its streets, consequent upon
benefits to its water mains hydrants and
electric light fixtures within the drain
age district.
liable for levee bonds issued under the act
of 1909, the property in the drainage
district being charged with their pay
All the Justices concurring.
, Attest. D. A. VALENTINE
ISeaLl Clerk Supreme Court
No. 1852,
N NJ. French, Appellant,
VS..
N. NJ. Poole ct al, Appellees.
Appeal from Cloud county.
AFFIRMED.
Syllabus. BY the Court. Graves J.
1. The district court will not be reversed
form of pleadings in an action, when it
Is clear that no prejudice resulted there
3 Whether or not under the facts of
this case. section 251O of the General
Statutes of 1901 applies, we express no
opinion, but If it does and the plaintiff
Cd n -hal M q
interest held by her deceased husband
in the land in controversy during his
such interest by her acquiescence, rati-
fication, consent and estoppel, and also
by the statute of limitations. more than
fifteen years having elapsed after the
conveyance by her husband and after
the grantees thereunder- had taken adj
verse possession of the land conveyed,
before she asserted any right thereto
8. An owner of real estate executed a
promissory note and secured it by mort
ing first lien thereon. He subsequent
ly sold the mortgaged premises to pur-
chaser who as part consideration for the
conveyance assumed and agreed to pay
all the incumbrance thereon. The then
owner of the land and holder of the
aforesaid note and mortgage agreed that
the time of payment should be extended
and new note and mortgage be exc
cuted by the then owner of the mort
extended and such new note and mort
gage should be substituted for those
then held by the mortgage and that
the priority Of liens should not be changed
or In any way affected thereby. Held
binding not only between the parties but
also upon the holders of subsequent liens.
T. In such case the mortgage so
until the note last executed became
barred by the statute of limitations.
S. Where a mortgage contains clause
IF said sum or sums of money or any
part thereof, or any interest thereon is
the taxes or any part thereof which are
levied against the said premises are not
paid when the sane are by law due and
payable. then these presents become. due
a default will not occur Hereunder until
the failure to pay taxes and interest
g. The statute of limitations begins to
run against a widow claiming under sec
when the husband makes the conveyance
and the grantee takes adverse possess
I. Where land is sold by a sheriff I'M
der execution and more money is paid
than necessary to satisfy the execution,
the excess belongs to whoever owns the
land and when 1t is paid into court as
a part of the proceedings in an action
to which the then owner is not a party,
an order of the court disposing of such
money without notice to and without the
knowledge or consent of the then owner
of the land, is without jurisdiction. and
s. A widow, in an action of partition.
claimed under the provisions of section
25iO of the General Statutes of 1901, an
undivided one-half of the real estate in
volved. Upon the trial it appeared that
more than fifteen years had elapsed af-
ter the conveyance by her husband and
after the grantee had taken adverse pos
session of the land conveyed claiming to
be the absolute owners thereof before
She asserted any right or claim to the
property. The grantees to whom the
convey ance was made were the sons of
herself and husband and she had full
knowledge of the transaction( fully con-
sented thereto, and only failed to join
IN the execution of the conveyance for
the reason that it was deemed unneces-
cary. The total consideration received
from the sons for the land was $2,916.
Of this amount the mother insisted upon
TeceiVing and did receive at the time,
81 600 Subsequently. in a division of prop
ertv be tW cen herself and husband made
a. view of a permanent separation, she
received an additional part OF the puchase
price OF the land, the total sum received
amounting in the aggregate to S2.217, in
cf1Idine the $1,000 The sum consisted of