The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-07-11

The J. r. Grove Coal & Mining Company,
a corporation, Appellee,
VS..
Lille Atkinson and Ed Atkinson, Appel
1ants.
Appeal from Cherokee County.
AFFIRMED.
Syllabus BY the Court. Mason, ].
/. Where a controversy over a question
of the title and right of possession of
real estate has been tried out in an in
junction suit in which a jury trial has
been had as a matter of right and each
party has had a full opportunity to pre-
sent and support its contentious, even IL
it should be held that ejectment would
have been a more proper form of action,
the judgment rendered will not be re-
versed on that account
2. A possession of the surface of land,
exercised for agricultural purposes only,
although taken and held under an ordi-
nary deed purporting to transfer the
complete ownership, is not adverse as to
mining rights previously severed by a
reservation in a conveyance in the same
chain of title.
g. When the owner of land executes a
conveyance reserving the underlying
minerals, the fact that he does not there
after pay & xes on the mineral is not In
derogation of his claim to its ownership,
where 1t has not been separately assessed
and the taxes charged against the land
have not been increased by reason of its
existence.
An the justices concurring
A true cUpy.
Attest: D. A. VALENTINE,
CSeaLl Clerk Supreme oCurt.
The Star Mutual Telephone Company, a
corporation, Appellant,
Charles Longfellow, Appellee.
Appeal from Greenwood County
REVERSED.
Syllabus. BY the Court Johnston, c. J.
1. Before one, who purchases stock
from a stockho1der and member Of a cor
poration, is entitled to have the shares
transferred and to have the rights and
privileges of a member of the corpora
bylaws and regulations governing such
transfers and the admission of new mem
bers.
All of the Justices concurring.
Attest D. A. VALENTINE,
LSeaLl Clerk Supreme Court.
No. 1926.
The Star Grain and Lumber Company,
Appellee,
VS..
The Atchison, Topeka & Santa Fe Rail-
way Company. Appellant.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. BY the Court. Smith, J.
1. Under the provisions of section so of
the old code Gen. Stat. 1901 sec. 44S0.
Code 1909, sec. 81, as amended by section
of chapter 379of the Laws of 1903, an ac-
ton may be brought against a railroad
company, TO enforce a naDllty unuSr inc
mutual demurrage act claws 1905, CHI. 345),
in any county of the state in which is
located the principal office or place OF
business of such railroad company
?. In such an action it Is proper to
unite all claims for damages directly
flowing from the one transaction, the
effort of the shipper to procure and the
failure of the railroad company to supply
cars for the transportation of freight
whether the damages be such as are de-
termined in amount by the statute and
are generally designated as penalties or
forfeftures or are such as are not so de-
termined or designated.
3. Chapted s45 of the Laws of 1905 is
not for the reason that the title thereof
does not conform to the requirements of
section 16 of article 2, OF the constitution
of Kansas, but such title is sufficient to
embrace the provisions of the act. II
chapter 2S6 of the Laws of 1901 is deficient
in this respect, such deficiency does not
invaIidate the act OF 1905 which Is amen
datory thereto.
All the Justices concurring.
A true copy.
Attest D. A. VALENTINE,
[SeaLl Clerk Supreme Court.