davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1923.
Henry H. Zeitlow, Appellee,

August Zeitlow and Kate ze1tlo"' Ap-
pellants.
Appeal from Mcpherson County.
AFFIRMED.
Syllabus By the Court. Benson, j
l. Deeds were executed by parents con
vevine land to their sons and a daughter
reSDectively in pursuance OF previous
understanding; the grantees expressed
satisfaction with such deeds ana upon re-
quest of the grantors promised that tney
should NOT be recorded during the HE
time of the grantorS, VINO reserved lne
rents during such period. It was tnen
agreed that the deeds should be sent TO a
person named to be by him held Tor the
grantees until the death of the grantors.
The officer before whom the deeds We're
executed was then directed by the
grantors in the presence of the grantees,
10 forward the deeds to the person named.
The OFFICER enclosed the deeds in an en-
veIope which, for some unknown cause,
he left in the room where they were eA-
ecuted, all the parties being still present.
The furlner disposition of the deeds is
unknown and they are lost Each grantee
took possession of the land conveyed to
him and her respectively 1t is held ~
that question of fact was presented
deeds: or that if it was the intention OF
the grantors that the deeds when so ex-
ecuted and placed in the hands of the Of
ficer should take effect as present con-
veyances the jury were justified in find
ing that the deeds were delivered at that
time.
3 Words or acts, or both. showing an
intention on the part OF the grantors that
a deed shall be considered as completely
executed and that the title shall at that
time be thereby conveyed from the
grantors and Immediately vested in the
grantees are sufficient to show delivery.
All the Justices concurring.
Attest: d. AtyALENTINE.
[SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
LEGAL.

No. 1902
Filter Company, corpora
ton, Appellant,
The Caney Ice & Cold Storage Company
a corporation, Appellee
Appeal from Montgomery County
AFFIRMED.
Syllabus. By the Court. Johnston, Z. !.
1. In sale of machine, under an ex-
ecutory contract, which was to be tested
within a fixed time, and which did not
correspond with the representations and
warranty, the buyer may elect to return
the machine or he may retain 1t and re-
coup the damages sustained by the
breach of the contract.
2. If ahere is an express warranty OF
the quality of an article sold and there is
a breach of the warranty, the Vendee S
right to recover damages survives the ac-
ceptance of the article by the buyer and
he may recover or recoup his damages
whether it be regarded an executory
or present sale.
All the Justices concurr1ng.
A true copy.
Attest: Z. A. VALENTINE
[Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1901.
A. w. Pretzel, Appellant,

A. c. Fiss, ct al, Appellees.
Appeal from Atchlson County.
AFFIRMED.
Syllabus. By the Court; west, j.
A person who had been adjudged of I'M
sound mind and later restored, sued his
former guardian and his suretes on the
guardians bond for refusal to account,
and for damages for the wrongful con-
version of certain personal property al
legged to have been in his hands as guar
dian belonging to the ward. The trial
court rendered judgment for defendants
on the ground that the action became
barred in three years. Held, that whether
the action was barred by the two year or
by the three year statute of limitations,
no material error was committed.
All the Justices concurring.
A true copy. -
Attest; d. A. VALENTINE,
ISeal.1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
The State of Kansas
VS..

The State OF Kansas
VS..
A. A. Truskett.
Application for Bail.
BAIL ALLOWED.
Syllabus. By the Court. Burch, j.
1. Under the statute relating to stay of
execution in criminal cases claws 1903, CHI.
3S9, sec. 1; Gen. Stat. 1909, sec. 6861) a de-
PENDANT convicted of felony is entitled to
bail as a matter of right. The stay pend
ing the time allowed for making and fill
ing a bill of exceptions shall be granted
by the trial court or judge, who shall
fix and approve the bond; or the stay
during that period may be granted by this
court, or one of it's members, who shall
fix and approve the bond. In default of
bail the defendant shall remain in the
custody of the sheriff. When an appeal
has been perfected the stay shall be
granted on the defendants giving bond,
which this court or one of its members
shall prescribe and approve.
2. Under the general grant to this
court of power to stay proceedings in the
lower court pending an appeal (Gen. Stat.
1909, sec. 1852 this court has authority to
order a defendant convicted of felony tc
be kept in the custody of the sheriff, in
default of bail, pending his appeal.
All the Justices concurr1ng.
A true copy.
Attest: D. A. VALENTINE,
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. II, 4S3.
John F. Hanson, Plaintiff,


John NJ. Grattan, Defendant.
Original proceedings in quo warranto
JUDGMENT FOR DEFENDANT.
Syllabus BY the Court Smith. ].
l. The power to admit applicants to the
practice of the law is judicial and not
legislative,
g When an applicant is legally admit
ted to the practice of law, he becomes
thereby an officer of the court for the
term of his life until he shall have
been disbarred by the judgment of a
court of competent jurisdiction.
8. An applicant admitted to practice
law in the district and inferior courts of
the state of Kansas by the decision of a
district court prior to the enactment of
oh. 81 of the Laws of 1903, and who has
not been disbarred, continues after the
enactment of that chapter to be 'regu-
larly admitted to practice law within the
state of Kansas within the meaning of
that phrase in section 2225 of the Gen.
Stat. of 1909.
All the Justices concuTTing.
A true copy.
Attest: ---- D. A. VALENTINE, -s
ISeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09

No. 17,071.
The Kansas Crude Oil and Gas Company,
a corporation, Appellee,
VS..
The Kansas & Texas OIL, Gas & Pipe Line
Company, a corporation, Appellant
Appeal from Neosho County.
AFFIRMED.
Syllabus By the Court. Johnston, c. J.
When q service is performed or use
given by one party to another with the
Intention that no charge shall be made
or compensation paid therefor and is ac-
eepted on that theory, the party cannot
subsequently, upon changing his mind,
recover for such services or use and it is
further held that the facts and cfrcum-
stances of the present case warranted the
court in instructing the jury upon this
rule of law.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE, q
TSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1908.
w. E. Saum, Appellee,

A. B. Dewey and Bert Taylor, Appellants.
Appeal from Decatur County.
REVERSED.
Syllabus. BY the Court. Benson,
l. A court will take judicial notice of a
public law in effect generally throughout
the limits of its territorial jurisdiction.
2 Where a tax deed is offered in evil
dence judicial notice will be taken of the
adoption of the provisions of chapter 162
of the Laws of 1891 Gen Stat. 1909, Secs.
9462-4) by the county in which the deed is
issued.
8. 1t will be presumed that a tax sale
upon which a deed is issued in a county
where the provisions of chapter 162 of the
Laws of 1891 have been adopted, was made
under the provisions of that act where
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
D. A. VALENTINE.
Clerk Supreme Court.

No 17,075.
Daniel Curnmins and Dennis Cummins,
Appellants,
VS..
Margaret Riordon, ct al, Appellees-
Appeal from Leavenworth County.
REVERSED
Syllabus By the Court. Mason. j.
l. Where a will contains repugnant
calls in the description of land devised,
that call may be rejected which was like
ly to have least engaged the attention of
the testator and in which there was the
greatest Likelihood of error.
,. Although ordinarily the statement OF
acreage is the least important part Of a
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No liz 90


W. T. Buckner, Appellee,
VS..
Rate s. Wingard, Appellant.
Appeal from Sedgwick County.
REVERSED.
Syllabus. BY the Court Mason. j.
1. An admission that tax deed was IS
sued implies, in the absence of any show
ing to the contrary, that the deed was
regularly issued and valid in all respects.
2. An admission by a party claiming
under tax deed that his adversary is the
owner of the original government title
does not imply that the original title has
not been extinguished by the tax deed.
3. Where the holder of a valid tax deed,
before the two year statute of limitations
have barred his right to recover posses
sion under it, obtains the actual and
peaceab1e possession of the land conveyed,
the requirement of such statute is salts
fled, and if he thereafter loses possession
his right to recover it endureS until IT Is
barred by the general statute OF nIn1Ia-
tons
4 Where the original owner of the land
leases 1t from year to year to tenant
who uses it for raising crops, the holder
of a tax title good upon it's face can not
by taking possession between the harvest
ing one crop and the putting in of an
other ACQUIRE the right to invoke the five
year statute of limitations and thereby
prevent the showing of latent defects in
! his deed.
cupation after the issuance of tax deed,
by the original owner or by the holder of
the tax title, the opposing claimant, by
gaining possession before the statute of
limitations has barred his right can stay
its operation against himself: but he can
not by merely getting physical posses
sion and compelling the former occupant
to take the offensive. either gain a right
to the protection Of the statute of limfta-
lions himself, or deprive his adversary
| of such a right.
All the Justices concurring.
Attest: d. A. VALENTINE.
| ISealJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. Il, O44.
John H. Baugh, Appellant,

l. Fist, Appellee.
Appeal from jackson County
AFFIRMED.
Syllabus. By the Court; West, a. .,
/. Accord and satisfaction can arise
only upon q claim concerning which there
is a bona fide dispute, as dispute mala
fide would furnish no consideration.
?. The expression the claim IN DIS
mute taken in connection with other
clear and proper instructions, does not,
when used by the court in one instruc-
ton, amount to a charge that the claim
in litigation is actually in dispute, and
thereby to an invasion of the province
2 It is not error to refuse instructions
which are fairly covered by those given.
All the Justices concurring.
A true copy -
Attest: ID. A; VALENTINE,
Igeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1903.
o. E. Raney, Appellee,

NO. 1lUl9.
o. E. Raney, Appellee,
The North Topeka Drainage District,
Appellant
Appeal from Shawnee County.
AFFIRMED.
Syllabus By the Court Porter. }.
/. A tract of land was appropriated by
drainage district and dixie constructed
across the same sixty feet wide at the
base and eight feet above the ground;
Witnesses testified as to the disable value
of the land not occupied by the dixie. The
court instructed in general terms that the
fee title of the. land remained In the
owner and that the drainage district
simply acquired the right to build and
maintain the dixie. Held, that the failure
to instruct specifically that the owner has
the right to such use of the land as VIII
not interfere with the maintenance OF the
dixie was not prejudicial error
2. The allowance of interest on the
damages from the time OF the construc-
ton of the dixie was proper
All the Justices concurr1ng.
A true copy. ~,nrHyYr
1SeaN Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1907.
The Aetna Life Insurance Company, Ap-
pellant,

No. 1907.
The Aetna Life Insurance Company, Ap-
pellant,
VS..
The S. H & S. Mining Company, APP
pellee.
Appeal from Cherokee County.
REVERSED
Syllabus. BY the Court. Benson, j.
In an action by the appellant to recover
premiums upon an insurance policy writ
ten for one year the appellee pleaded a
preliminary verbal agreement for such
insurance for six months only, for which
it had paid the premiums in fun. The
answer contained allegations that the APP
pellee believing that the policy had eX-
pired took out other insurance upon which
it had received indemnity for losses oe-
curing during the last six months of the
year, for which the appellant would have
been liable if it's policy had been in force
during that period. 1t is held that these
allegations should have been stricken out
on motion and that evidence admitted to
prove them was prejudicial.
All the Justices concurrlng.
A true copy.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
LEGAL.

the deed recites that the property was bid
off by the county treasurer and the deed
has been of record more than five years.
although there is no recital IN the deed
that the provisions of that act have been
adopted in the county, and no recital
that lat the place aforesaid, said property
could not be sold for the amount OF tax
and charges thereon, and was therefore
bid off by the county treasurer for said
county" (Gen. Stat. 1909, Sec, 9479)
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
LSeaQ Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1881.
S. J. Thompson, Appellee,

No. 16, 837.
S. J. Thompson, Appellee,
VS..
C. ]. Seek, Appellant.
Appeal from Jackson County.
REVERSED.
Syllabus. By the Court. West, j.
1. A written contract for the purchase
of corn to be delivered at the buyers ele-
vator implies payment in cash, and upon
offer to deliver, and refusal to pay except
by check, at a time when banks are not
honoring checks by paying cash, the
buyer is not entitled to damages for fail
ure to deliver.
2 Newly discovered cumulative evil
dence which if received would still leave
the moving party without right to recover
is not sufficient ground for granting a
new trial.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09

T.roes p. Moore, Appellant,
VS..
Cybarlas w. Wilson and John B. Baker
State live Stock Sanitary Commission
ers, Appellees. 4,,
Appeal from Sherman county
REVERSED.
Syllabus Ry the Court. JOHNSTON - -
Ordinarily, official duties of min
Isterial character may be delegated 10 an
other hut those involving the exercise OF
Judgment and discretion may not De , en-
trusted to a deputy, or other person, un
less legislative authority to 90 SO is sven .5i
p No statutory authority is given tne
live stock sanitary commissioner TO ap5
point a deputy, and the duties 1mposeu
on him to inquire and determine Wnein n'7s
live stock are afflicted with contagious
and infectious diseases OF + m sffi;nted
10 establish a quarantine and make such
sanitary and police regulations as are
necessary to circumscribe and extermln-
ate the disease, involve judgment ana as
erection and can not be entrusted TO
deputy or delegated to another.
All the Justices concurring.
A true copy. r~,,rrDy1,
TSssI1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
D. A. VALENTINE.
clerk Supreme Court.
No. 1907.
!. ]. Gilmore, Appellant,

No. 1907.
s. J. Gilmore, Appellant,
The Royal Salt Company, a corporation'
Appellee.
Appeal fror Ellsworth county,
REVERSED.
SYLLABUS By the Court. mason, D.
4 Ona has no right to accumulate upon
his own land refuse matter of any sort,
whether in itself offensive or not, py
which the water underlying the land OF a
neighbor, and feeding springs thereon, Is
so affected through percolatlon as TO pc
untitled for it's ordinary use or harmful
to vegetation.
2. Proof that salt mining company
deposited a large quantity Of refuse salt
upon its land in such manner that by the
action of the rain upon it the water I'M
DERIVING an adjacent tract was 1mpreg-
mated with salt through percolatfon, SO as
to render it unfit for use and harmful TO
Vegetation, establishes legal wrong
against the owner of such tract.
g. Whether in such case relief may De
had by injunction depends upon the
equities of the case, in view OF the prac-
teal consequences of the wrong and the
means available for its correction.
All the Justices concurring.
A true copy. -
Attest: d. A. VALENTINE,
TSeaU Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No 17536
No. 1856.
In Re Wilbur Mclean.
Original Proceeding in HabeaS CORPUS.

NO. 1885.
In Re Wilbur Mclean.
Original Proceeding in Habeas Corpus.
PETITIONER REMANDED.
syllabus. By the Court. Mason. j.
l. Where numbers or figures are used
in connection with a statement of value
they are to be understood as referring to
dollars unless q different intention APP
pears This rule applies to a statement
in a verdict in a larceny case of the value
of the stolen property. The omission to
insert the word dollars, or the corre-
spending mark, does not render the YER
dict Indefinite.
2. To say in verdict that defendant
Is guilty of larceny of goods worth more
than twenty dollars is equivalent to say
ing he is guilty of grand larceny.
8. The information may be looked to
for the purpose of interpreting verdict
in criminal case.
4. The requirement of the statute that.
where there may be a conviction of diff
ferent degrees of an offense, the jury
must specify of which degree they find
the defendant guilty, is satisfied by a
verdict which can apply to but one of the
offenseS or degrees charged in the in
formation, although its language might
also fit other offenses or degrees that are
not there charged.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
tSeal1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1920.
May Benton, Appellant,

May Benton, Appellant,
VS..
James o. Benton, Appellee.
Appeal from Shawnee County
MODIFIED.
Syllabus BY the Court. Benson. j
1. The construction given to clause
of a will in Benton ". Benton, 10 Kan.
500, 1913, is adhered to.
2. On consideration of the evidence it
is held that important questions involved
in this action and arising upon the Will
above referred to can not be finally de-
termined without bringing in additional
parties and taking further proceedings.
It is directed that this shall be done.
All the justices concurrlng.
A true copy.
Attest: D. A. VALENTINE,
[SeaL1 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
LEGAL
Published In The Topeka State Journal
May 8, 1911.l
SUPREME COURT SYLLABI.
T.EEATL


P. D. Bonebrake, Appellant.
Appeal from Jackson County.
AFFIRMED.
Syllabus. BY the Court. Johnston, u d
l. A general verdict Tor plalhltlIi, ~ =
ports finding in his favor upon a. taoo,1
issues in the case which are not InSoli
sistent with the special findings returheu
by the jury. o+
embrace and cover all the issues IA sno
case and those returned are not nec "ssnt
rtly inconsistent with the genSr a. - -
the fact that the incomplete rtHu vii not
adverse to the successful party WIZ ~ ~
prevent a Judgment in his favor - -
issues and facts included IN tne fs,,S
verdict, and upon Whlcn no SPeO @ no NJ
ings are made are sufficient TO WARRANT
a recovery. i4avcv
arises between findings maze AZ 1s
to special questions and genera Nol 1870
nothing will he presumed in aid OF specIdl
findings while every reasonable pL ,s raI-
ton will be INDUCED in favor Oh Ihe sen
eral verdict. ,osa,,+ed
A. The seller of a diamond represen11eu1
to buyer who did not know the y @u o,1a
and Qualities of diamonds, thal lne 81
sold was of certain sraue 90 he M to
and when it was found not 10 D ~ the
the representations and assurance " ~
seller, and the buyer unoertoUh ~ o,Ircba So
the contract and recover 't NJ fact that
price, the seller claimed that In me SioInon5
the buyer carefully examined the ol acoC
before purchasing it precIuoeo a - tjo1
Held, that the tact thdt On - r1rove
was made by the buyer does o, NOT on PRIZE fhe
that she did not buy and rely on -
Ter nor viii the fact that she could have have
learned the falsity of the correspondence 1onir1
nv a more thorough and searching Ilq9ii
~ a iItoie rasciesion and recovery II IN
fact the purchase was made IN reilshoe
upon the false representations. ,,,a,+s
5. If a seller makes P0 ,so,,,y, Nv him to
be U true H intending to induce sale, ana III, a
purchase is made in reliance upon "a A he
Representations which turn % ogf he is as
Snswer r1f to the purchaser as if he had
made the representations knowing them
TO be false. ,
An the Justices concurrlng'
true copy n A. VALENTINE,
T TSae51 Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
LEGAL.

portion of the estate devised. The
statute can not be interpreted as if it read
the sole or one of the principal bene-
ficiaries in the WILL
In determining whether or not a per-
son is the principal beneficiary in will
the relative Importance of his share to
the individual shares of other beneficiaries
and to the whole estate should be con-
sidered.
8. In this case 1t is held that q person
who received more than five-sevenths of
the estate devised is the principal bene-
f1c1ary of a will, and that a person &C.
cupying a confidential relation to the
testator who assisted in preparing the will
and who received less than one-seventh of
the estate devised is not such beneficiary.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
LSeal.i Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09

No. 1907.
]. H. Blake Appellee,
]. K. Bremyer and r. G. Henderson,
Appellants.
Appeal from Mcpherson County.
AFFIRMED.
Syllabus. By the Court. Porter. j.
It is as competent to- prove the admls'
sion by one that he is the agent of an
other, where that is thegfact sought to bt
established against him, as it is to prove
any other admission against his interest
All the justices concurr1ng.
A true copy.
Attest: ID. A VALENTINE
TSeaII Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 17,021.
Sara 7. Rowe, Appellee,

Frank S. Rowe, Appellant.
Appeal from Allen County.
REVERSED.
Syllabus BY the Court. west, J.
Extreme cruelty exists when the con-
duct of the husband OF wife is such that
the life or health of the other may be en-
daneered, or when such conduct unjusti-
fiabIy wounds the mental feelings or so
destroys the peace Of mind as seriously
10 impair the health or endanger the life
of tine other, or is such as utterly de-
stroys the legitimate objects and aims
of Tnatrimony; and when words alone are
relied on 1t must appear that they were
uttered not merely as complaints against
the real or apparent misconduct of the
other, but that they were uttered with
out justifiable cause and for the purpose
of inflicting pain.
Q Occasional irritability fault finding
and outbursts of temper on the part of
one followed by demonstrative affection
and by forbearance, with sincere desire
for the love and companionship of the
other do not constitute extreme cruelty
An the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
Seal Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-05-09
No. 1904.
NJ. Ella Pirtle, Appellant,

NJ Ella Pirtle, Appellant,
T. G. Pirtle, ct al, Appellees.
Appeal from Butler County.
AFFIRMED.
Syllabus BY the Court. Burch, J.
Under the facts stated in the opinion it
is held that widow who consented in
writing to her husbands will cannot
repudiate her consent because she sub
sequently discovered that the testator's
estate was larger than she anticipated;
and it is further held that by q course of
conduct deliberately and intelligentiy
chosen she elected to take under the will.
All the Justices concurring
A true copy.
Attest: d. A. VALENTINE,
[Seall Clerk Supreme Court.