The Topeka state journal., 1913-10-15

estate is involved an action in partition
@ which recogn1zes the vested interests of
such remafndermen is proper.
| All the justices concurring
A true ccny.
| Attest D. A. VALENTINE,
i9eal-I Clerk Supreme Court
No. 1s,A1
| Axel E. johnson, Appellee,
VS..
Kansas Natural Gas Company, A corpora
Selma A. Joh9Eon fion: ARRellapt. Wslte1 johnson MIL
dred Davis and Roy S. Davis. her nus
band, Selma Keefer and Myron T. Keef-
Helen johnson, Appellees.)
Appeal from Wilson County.
AFFIRMED
Sylla bus BY the Court Porter J.
!; In an action for an accounting by
tenant in common of lands from which
the defendant had taken the product of
six producing gas wells for a period of
several years and had sold the same,
marketing it through pipelines to which
other wells belonging to the defendant
We're connected, the measure of damages
is the fair and reasonable value of the gas
at the time and place at which it was
>. In the case stated, the plaintiff is en-
titled to recover the amount the gas sold
for, less the fair and reasonable expense
counting generally obtains. and the de-
fendant has the burden of proving what
allowances he is entitled to.
B. Where in such a case, the defend mt
ralis to produce proof showing the ap-
proxorn1te quantity of gas taken, or the
the reasonable rental value of the pipe
lines and there is a wide variance in the
testimony Of the witnesses and the claims
of the parties. estimates of the quantity
taken and the fair and reasonable ex-
pense of transporting the same to market
made by the trial court upon a considera-
ton of all the evidence as we'll as upon
the -, courts general information and
of the gas field where the wells are To-
Gated. will be upheld.
Kansas Natural Gas Company, owned a
LARGE interest in the stock and securities
in in QUESTION que together G With With the I product Of
many other gas wells was transported to
mi aed t that bren fhe Of pavn an an nD
part of the sums expended in the pur-
chase of the stock and securities of the
underlying companies, or in sinking funds
to redeem bonds issued in payment of the
ORIGINAL cost of the construction Of the
he feT and furher that the fair
and reasonable rental value of the use OF
the pipelines for for t5s pc Eas chn n
proof of such payments.
s. In this case it is held. that none of
the findings appear to be contrary to
anv we'll known physical facts as to re-
uuire another trial or to ahrogate the
established rule that the findings of tn the
dence are conclusive.
All the Justices concurring.
A true copy -
Attest: n. A. VALENTINE.
TSea11 Clerk Supreme Court.
The osawatomie Lumber Company, A
Corporation, Appellant.
F. M. Chandler, Sheriff of Miami County.
Kansas, Appellee
Appeal from Miami County.
AFFIRMED.
Syllabus Rv the Court. Smith. ].
Under the agreed statement of facts
and the evidence in this case no error
to vacate the temporary restraining order
which had been made therein.
Johnston, G, J; Burch' j. Mason. j.
smith. J.. especially concurring. West,
J. dissenting.
true copy.
fsasi1 AttsSt q Clerk ri snmgnat sapreme court. E
No. 1s, 4o2
Simeon B. Bell, Jr., Appellee,
Elnora Watkins, e" ct al. Defendants;
Grace. A. Bell and Kenneth G. Bell,
Appeal from Johnson County.
AFFIRMED.
Syllahus BY the Court. Mason J
A deed was executed purporting to con-
vey a life estate to the grantor's son,
with remainder to the sons heirs Later
an action was brought by the grantor to
reform the deed so that it should vest
an absolute title in his son. The son, his
wife, and his. only child were made par
rendered asked. Thereafter the son
brought an action to quiet title against
his wife and child. A judgment was rem
dered declaring him to be theb owner in
fee simple. and reciting that any of his
children thereafter born would have no
interest in the property. The defendants
appealed. Held, that the recital concern
ing the unborn children is without effect
as an adjudication, but no error was
committed against the appellants.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
TSeaL1 Clerk Supreme Court.
No. IS. .2o9
George A. Williams, Appellant.
The Chicago, Rock Island & Pacific Rail- |
way Co, and the Pullman Com
pany, Appellees-
Appeal from Pratt County.
AFFIRMED
Syllabus By the Court. Burch. J. |
l. Where the ground of action is vio- |
lation of the plaintiffs civil rights by dis |
eliminating against him on account of his |
race and color and the elements of will |
fuIness and malice are involved the per-
son charged with making the discrimina- |
ton NAV testify directly to the state of |
his mind during the transaction COM |
planned of
3 Where person of African descent is |
denied admission to a limited train |
the Pullman conductor as to the privileges
xTa %r-oY1 0f+f IN IE roa