The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
No. 1s,O11.
Melissa Thompson, Appellant,

No. ls,ma.
Melissa Thompson, Appellant,
w.
william H. Milnkin. Appellee.
REVERSED.
Syllabus. BY the Court Porter. J.
l. Plaintiff sued for an accounting for
oil taken from lands which she claimed
effect Of an oil and gas lease ON the lands
executed by herself, and also deed con-
veying her interest in the land; first, ON
false and fraudulent representations of
the defendant; second, that the land was
occupied by herself and children AZ q
abandoned her never Joined in the con-
veyances. The pleadings show she learn
ed Of the fraud soon after the convey
her action for six ana one.hsh years
thereafter for the purpose Of securing
proof to establish the fact of fraud and
was living or dead. Held:
(a) The cause Of action 20 far M It
rested upon fraud ana misrepresentation
Is barred by her laches and delay.
cry Of the Homestead is not barred by
delay, and plaintiff is not estopped from
asserting her homestead rights on the
q widow as the pleadings allege that de-
PENDANT acquired his interest under tho
lease and the deed with tho same knowI-
GO&S OI tho IACIS concerning the absence
of plaintiffs husband that she possessed
at the time the instruments were ex-
ecuted. and 1t was error to render judy
ment against plaintiff on the pleadings.
2. The unexplained absence Of q per-
son for more than seven years Is prima
facie evidence of his death but not con-
elusive evidence. The presumption is one
actual facts proved. Before the pre-
sumption obtains at all there must b q
lack of information concerning the alb
anti fk14 nHk tl1<c~ fnp~l~ -
from him after diligent inquiry extending
to the places where Information u likely
to be obtained.
Attest. d. A. VALENTINE, =
lSeal1 Clerk Supreme Court.
Ralph Purdy Qester Purdy, Guardian Of
Mrs. J. NJ Purdy. Appellants).
Annalou Purdy) Ernest, Appelles.
Appeal from N .osho County.
AFFIRMED.
Syllabus BY the Court Burch. J..
l. After the death of the plaintiff In q
divorce action. to whom the custody Of .
minor child was awarded, the decree may
child to the defendant upon motion made
In the divorce action, and without revivor.
?. In such cases persons having an i'm
to the motion should be notified. and they
may appear and produce evidence. and
may appeal. without the formality Of be-
ing made parties to the litigation.
8. The attorney for the plaintiff In the
original action may appear for the de-
PENDANT in the proceeding to modify the
decree when the motion IL based on con-
ditions arising subsequent to the original
decree and the attorney is not required to
violate any confidence reposed in him by
his former client or to do anything i'm
juriously affecting his former clients In
tere8ts.
All the Justices concurring
A true copy. -
Attest d. A. VALENTINE,
(Seal.1 Clerk Supreme Court.
No. Il, 81
w. r. Benn, Appellant
VS.
E. w. Slaymaker. ct al. Appellees.
Appeal from Harvey County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
L On April II, 1872 the managing part
ner OF . firm returned its personal prop
erty for taxation. No steps were taken
to correct the valuation which he placed
n tha property unfH ApeA = 111A When