The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-06-09

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.anssens ssrvsd Two : S csss ssssr t d r
BY virtue Of : taz deed. vsid On liz
ana "a (Gen. STAT. -. sscs. tn. 80
OF the taxAtion act, the plaiHtiR ana his
prsdecsssors IN interest have been for
eeventeen years in situation equivalent
g that Of claimants Of title IN tee
simple In actual possession. The plain
TN has also been in actual posssssion
may be quieted against the owner whose
title was cut on by the tax deed ana
70 there ,sPs s1 &c II Ian. g:
proceedings ON which the tax deed IL
An the Justices concurr,ns.
Attest: D. A. VALENTINE.
tSeaLJ Clerk Supreme Court
No. 1855.
Emma w. Parker. Appellant and Appel
lee.
WI.
Julia A. Mccain. Appellee and Appellant
Appeal from Johnson County.
The evidences II examined in an action
brought By q wife against an attaching
creditor of her husband to quiet her title
20 the property attached. and IL found
sufflcient to support the findings in her
tavor a. to part Of the property, and for
the creditor AZ to another part
Al the Justices concurrtng.
Attest: ID. A. VALENTINE
tseall Clerk supreme Court.
No, 1s.e4
R. =. Carey ana .. E. Carey Appelless.
Appeal fron sha~nee County.
Division No. z
REVERSED.
Syllabus. BY the Court Benson. J.
L The statutes (Gen. Stat. 1903, secs.
6ls7-70 prohibit the pretended purchaso
and sale Of grain. pork. and other COM
It is not intended that the article should
be received or delivered. the person 20
agreeing to sell or deliver not being in
condemns the keeping Of any office or
place wherein the keeper. In his own BE-
half or for others. makes or offers to
purchase or sale Of such commodities
where the parties do not contemplate or
intend the actual bona fide receipt or de-
settlement based upon the differences in
the price at which 1t is OF Is claimed to
be bought and sold. All pretended pur-
lation of the statute are declared to b
gambling and criminal acts.
2. In May. 1909. the plaintiffs by tele-
pork for September delivery with the de-
PENDANT who was carrying on the business
prohibited by the statute. The order was
Of 500 were called for and remitted. In
July following the plaintiffs ordered
sale to be made: and thereupon the
upon the differences in the market price
at the time Of opening and closing tho
deal No pork was In fact bought. sold
tended. The defendant reported . profit
on the deal and paid q part Of It. In
this action to recover the balance It Is
gambling transaction condemned by the
statute; and ~ the plaintiffs and the de-
PENDANT were mutually engaged: as
court will not lend its aid for the recov-
cry of gains or losses but will leave the
parties in the situation in which 1t finds
them.
All the Justices concurring.
Attest: D. A. VALENTINE.
lSeaIl Clerk Supreme Court
No. 1850. ass @a
William A. Darling. E. H. Denton. A. H
Denton, L. Ham, and WI. Gamble. APP
pellees, n
Lew Boyer, Edward F. Busxie. r. q:
The Township Board Of Bolton Town
ship. Cowley County. Kansas. Appel
lants.
Appeal from Cowley County.
AFFIRMED.
Syllabus. By the Court. West; 7.
1. Under the drainage act (sec. S61,
General Statutes Of 1900 II the petition
fairly construed contains In effect the
averment that the described drainage can
not be accomplished in the best and
cheapest manner without affecting the
lands Of others than the petitioners. 1t -
jurisdictionally sufficient in this respect.
2 Substantial compliance with the stat
ute as to location, as to showing in the
report the lands affected by the drain
age, and the Improvement thereby OF the
public health, the trial court having con-
sidered and approved such report. 10 suffi-
Gent the act itself (sec. 3069) providing
for its own liberal construction.
All the Justices concurr1ng. t.a
A true copy.
Attest: D. A. VALENTINE.
[Seal1 Clerk Supreme Court
No.. 1880.
Charles Ora, Appellee.
w.