The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-10
No. 1881.
E. E. Hawk. Appellee,

No. 1881.
E. E. Hawk. Appellee,
The United States Fidelity and Guaranty
Company, Appellant.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. BY the Court Benson, J
1. An action for balance claimed to
be due from a guardian to his ward at
the time the latter reached the age of
majority is not an action for relief on the
ground of fraud, although the petition
contains allegations that certain charges
against the ward in the guardians annual
allowed.
2 A cause of action against guar
dian for a balance of money due to his
ward at the time the latter reached the
age of majority accFueS at that time, and
is a liability created by statute, to which
scribed by the second subdivision of sec
ton II of the civil code of 1909 applies,
although the action is upon the guardian
bond against the guardian and his surety.
All the Justices concurring
A true copy
Attest: D. A. VALENTINE,
ISeall Clerk Supreme Court.
Agnes NJ. Fish S And 1s. S5na NJ pba,en.
Appellants.
B. A. Poorman and Jacob Heer, Appellees.
Appeal from Riley County.
AFFIRMED.
Syllabus. By the Court. Graves. J.
l. An instruction which is requested by
a party and refused will not be deemed
erroneous where other instructions given
by the court cover all the material ques-
tons contained in the instructions re-
fused.
q Where the question being tried to a
jury IS whether when a deed was exc
cuted by the grantor she was insane or
not, it not being commended that she was
insane at any other time, it is not err
pain in the bowels and lower limbs. hys-
terical conditions at times, including abb
is, not made to appear that these condi-
lions were present at or near the time
when thu deed was executed.
3. Where it is sought to establish that
the grantor to a deed was insane at the
time such deed was executed. evidence
self immaterial and its exclusion by the
court is not erroneous.
4. Insanity in near relatives does not
necessarily tend to establish insanity in
other relatives of such insane persons,
and where the type of insanity being in
vestigated is confined to single act and
not shown to exist either prior or subse-
quently to such act, it is fmmaterial and
may be properly excluded.
All the Justices concurrlng.
Attest: D. A VALENTINE,
| [SeaL1 Clerk Supreme Court.
No. 1891
| Charles E Ellis. revived in the name OF
the Commonwealth Title Insurance &
Trust Co., and Franklin L. Lyle, execu-
tors, Appellees.
| Elizabeth D. Snyder. ct AL, Appellants,
consolidated with
! No. 1888.
| Charles E. Ellis, revived in the name OF
the Commonwealth Title Insurance &
| Trust Co., and Franklin l. Lyle, execu
tors, Appellants.
| Elizabeth D. Snyder, ct al, Appe1lees.
Appeal from Sumner County.
MODIFIED.
| Syllabus BY the Court. Smith, J.
l. A husband and wife executed a not
secured by mortgage on their land, and
! the husband thereafter died, having pre-
! viously conveyed the tide to his wife
| The widow rented the farm to her son-in
law, and during such tenancy the widow
| died. The son-in-law. with his wife, con
| fore the expiration of five years from
| the maturity of the note made a small
payment on the debt They continued II
possession for number of years unit
this action to foreclose the mortgage wa
brought, with the acquieScence of tn
brothers and sisters of the wife. and he
with her consent, made several payment
| upon the Indebtedness and paid the take
! on the land; all of which payments wer
made from the proceeds of crops raise
upon the land No interval of five year
] elapsed between such payments H
neither paid nor contracted to pay an.
rent to any of the heirs. Held, that sue
payments prevented the running of tn
statute of limitation in favor of any O
their heirs against the mortgage debt.
3 A tenant in common possession o
| mortgaged real estate, with the acqui
the absence of any contract to pay REM
q d41fx fo other cO-tanantS I