davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal., 1916-12-14
No. 20,421.
John SeNson. Appellee,


A T. Gladhart. Appellant.
Appeal from Wallace County
AFFIRMED.
Syllabus. I'y the Court. Hurch. J.
\ motion to dismiss an appeal to the
district court for want of jurisdiction was
ltenrd in May. 1914. oral and documentary
evidence being produced No Journal entry
Of tile proceeding. or Of any ruling on the
motion made at the time. is disclosed,
. h,. record does show that at a subsequent
term of court held in May. 1913, the court
decided the question presented by the mo-
tiou. held that it had Jurisdiction OF the
appeal. and continued the cause. The
PARTIES dispute about what occurred. On
ose side il j. S1id the motion to dismiss
was SUSTAINED and the appeal was dis
missed i'm May. 1914. On the other side 1t
is said the motion was sustained but the
railing was vacated on the same day and
leave WIS given To file hricfS. Held, the
record is conclusive. ana does not sustain
lie claim that the court was without Jur1s-
dictiun to rdle on the motion in May, 1913
All the Justices concurriug.
\ true copy. -
Attest u. 4 VALENTINE,
(Sealt Clerk supreme Court.
The Topeka state journal., 1916-12-14
No. 20,426.
James F. Sheehy, Appellant,

James +. Sheehy, Appellant,
VS..
Kate Lemons. Appellee.
Appeal from Miami County.
REVERSED.
Syllabus BY the Court. West, J.
The grantee of the purchaser at n tax
foreclosure sale under section 9521 of the
General Statutes of 1909, brought this ac-
tion to eject the fee owner who sought to
attack the foreclosure decree on the ground
that although a resident of this state she
was net served with summons and made
no appearance. A proper affidavit for pub
lication was made and although the de-
fendant was then a resident of the state
such affidavit and the subsequent publica-
tion gave the court Jurisdiction that
its decree foreclosing the tax lien not
void and could not be successfully attacked
at this time in this action.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(SeaI) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 20,4@.

No. 20,455.
Maude Dell Small Appellant,
VS..
A NJ Small, ct al, Appellees.
Appeal from Doniphan )unty.
AFFIRMED
Syllabus. By the Court. Burch. j.
The plaintiffs evidence considered, and
held that demurrer to it was properly
sustained.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
LEGAL,


sion of the court to make the explanation
required by the statute.
?. The evidence held to support findings
to the effect that the election of a widow
to take under her husbands will was made
under such circumstances as to justify a
Judgment setting it aside.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 20.951.
Toni Maughlello, Appellee,

VS..
The J. r. Burnett Coal & Mining Company,
Appellant.
Appeal from Crawford County.
REVERSED.
Syllabus. BY the Court. West, J.
I. A contract in form lease of GER
tain coal mine and its equipment examined
and found to leave the lessees in the attf-
tude of independent contractors respecting
the operation of the mine.
2. The record failing to show the work
in which the plaintiff was engaged to have
been under the direction, execution or con-
troll of the lessor company, the Judgment
Workmens Compensation Act. chapter 21G
of the Laws of 1913, be held erroneous.
All the justices concurring.
A true copy.
Attest: ID. A VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
Justices concurring.
No. 20,4S3.

No. 20, 4S3.
A. H. McClung, ct al, Appellants,
VS..
HI. C. Shook, ct al, Appellees.
Appeal from Wyandotte County.
Division No. =.
AFFIRMED.
Syllabus. By the Court. Porter, j.
The owners of the legal title to real
estate made an agreement to execute and
deliver a deed to the purchaser with the
name of the grantee left blank, but ten
dered a deed with the purchasers name
written in as grantee. Upon his objection,
they authorized his agent to erase the
name written in and insert the name of his
Chaser had conveyed the property to in
nocent purchasers, the grantors were
estopped to deny the validity of their deed
on the ground that the authority OF an
agent to make change before deliverin g
it must be in writing.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 20.465.
A C. Moorhead, ct al, Appellants,

VS..
A o. Edmund, ct al, Appellees.
Appeal from Stevens County.
Syllabus BY the Court. WoTshalI. T
L Judgment will not be reversed be-
cause trial courts findings of fact are
incomplete and do not state all the facts
connected with those found where no re-
quest was made for further, clearer, or
2 The seventh and eighth findings of
fact are supported by the evidence
j. Specific performance of contract for
the conveyance of land will not he com
PEELED where the purchaser secures the
contract by fraud. knowing that a contract
FOR the sale of the land has been made
with another person.
All the Justices concurrinc
a true copy.
Attest: d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 2O.339

No. 20339
In re The Estates of William F. Osborn,
Deceased.
Appeal from Douglas County
AFFIRMED.
Syllabus. BY the Court Mason J.
/. Where no rights have intervened the
probate court has jurisdiction to set aside
the election of Il widow to take under her
husbands Will, upon showing that it was
made under misapprehension brought
about by fraud or mistake, or by the omis-
The Topeka state journal., 1916-12-14

No 2O.446.
". w Kimball Company, Corporation
Appellant,

No. 2O446.
". w. Kimball Company, Il Corporation
Appellant,
Tn Eoard Of County Comm;ssioners- Of
Shawnee County, l. L. Kiene, Sheriff
of Shawnee County. Kansas. Matt.
Weightman. Jr., Treasurer of Shawnee
County. Kansas. Appellees.
Appeal from Shawnee County.
tFirSt D!viSiOnD
REVERSED.
Syllabus. BY the Court West J.
\ piano company Incorporated under the
laws Of Illinois with its home office at
Chicago, maintained branch office at
Topeka, where pianos were sold and sale
notes taken therefor retaining title in the
company until paid. These notes were
transmitted 10 the home office, copies be
Ing returned TO the register of deeds for
filing. and the originals were retained at
Chicago. only being sent here for payment
aud remittance, practically all the pay
ments being made here and credited and
rcmittcd to the home office. no part thereof
being retained for the use Of the local
Office Returns for assessment were made
ON the local bank account and average
stock on hand Held. that such notes were
not taxable here to the company. the situs
for taxation being the domicile of the own
er.
All the Justices concurring.
true copy.
Attest. ID. A VALENTINE.
(Seal-D Clerk Supreme Court.
The Topeka state journal., 1916-12-14
nILLIARD And POCKET TaBLt.--

FOR SAIE-Riliiafd tables. new. rar-efn !.
and pocket. with complete outfit S12501 /
second hand tables at reduced prices: boy=l-
rig aiiey supplies. easy payments Cigar
store. drug. del.rftessen and soda founfafts-
fixtures. THE BRUNSWICK-BALKE-
COLLENDER CO., 1329-1331 Main st. Kan
sas City, Mo.
The Topeka state journal., 1916-12-14
u. A. VALENTINE,
Clerk Supreme Court
No. 20.475.
A AOHrpWG Annp11ae

No 20.475.
T. A. Andrews, Appellee,
The Union Pacific Railroad Company,
Appellant.
Appeal from Wyandotte County.
division No. 81
AFFIRMED IN PART AND REVERSED
IN PART.
Syllabus. By the Court. Johnston, G. J..
l. A shipment of grain from a point in
Kansas consigned to a point in Missouri
was sold by the cOnsignee to dealer for
delivery in Kansas before il had reached
the state line. 1t was subsequently taken
across the state line and back again to an
elevator in Kansas where it unIoaded.
Held, that the shipment constituted inter-
state commerce.
,. recovery for the loss of property re-
ceived for transportation in interstate COM
merce is provided for by a federal law
which superseded state statutes on the sub
Ject and must he based on that law, but
an instruction of the court advising the
jury that the recovery for the loss might
rest on compliance with the terms of a
state statute does not require a reversal of
the Judgment fixing the amount of the
loss since it appears that the erroneous in
Struction could not have prejudiced the
substantial rights of the defendant
). The allowance of an attorneys fee in
the action to recover the loss and for which
provision is made in a state statute is un-
warranted and invalid
All the Justices concurring
A true copy.
Attest: d. A. VALENTINE,
NSeiLJ Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 20, ,346.
Kelley Johnson, Appellant,

No 20, BAG.
Kelley Johnson, Appellant
VS..
Fred Thomas, Appellee and Martha S.
Wilson, Appellant.
Appeal from Shawnee County.
division No. p
AFFIRMED.
Syllabus. by the Court. Burch J.
The evidence examined, and held suffi-
cient to sustain the Judgment.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE
(Seal.) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 2O.42S.
Brennaman, Appelle

No. 2042S.
D. H. Brennaman, Appellee,
c. E. Leslie, Appellant.
Appeal from Stafford County.
AFFIRMED.
Syllabus BY the Court. Marshall, J.
A general finding by a trial court is
conclusive, when based sufficient, al
though conflicting, evidence.
All the Justices concurring.
A true copy.
Attest; d. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
d. A. VALENTINE,
Clerk Supreme Court.


ecutors, Etc, Appellants,
L. H. Mace and Clara B. Mace. Appellees.
Appeal from Douglas County.
AFFIRMED.
Syllabus BY the Court. Dawson, J.
/. One who negotiates mortgage loan
or an extension of such loan and at whose
paid when due, is not, as of course, the
agent of the mortgages to receive such
payments, but such agency may be estab-
liShed by proof of the course of dealing
between such person and the mortgages.
.. Where a loan from two mortgages
is negotiated through a loan broker and
the principal and interest are payable at
is remitted to him to be paid to the bor-
rover, and the broker divides his COM
mission with one of the mortgages. and
where the mortgages are accustomed not
to forward the coupon notes or principal
notes to the designated place of payment
the brokers' office-,but to retain them
until he collects the payments of interest
to them, and where it is shown that this
is the customary course of business not
only as to this loan but also on a number
of similar loans made through the same
broker on behalf of the same mortgages
and that they transacted all such business
in that locality in this manner such evi-
dence is sufficient to warrant the conclus-
ostensable agent of the mortgages to re-
ceive partial payments on the principal of
the mortgage debt payable at interest pay
ing periods
Ali the junstices concurring.
A true copy.
Attest: d. A. VALENTINE,
/ (Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. O.42O
william Keil. by W. f. Kei. his next
Friend. Appellee,


g NJ Evans. Appellant
Appeal from SedGwick County
division No. l.
AFFIRMED.
syllabus by the Court Johnston. T. !.
l. The refusal of the court to instruct
the Jury upon a ground of contrlbutory
negligence not pleaded in the answer o1
th.. defendant and which was only incl
,lcntally brought out on the cross eXaml-
ration Of the plaintiff and not specifically
brought to the attention of the court until
the instruction was requested, and also the
refusal of the defendants application to
amend the answer so as to set forth the
new issue can not be regarded as an
abuse Of discretion on the part of the
trial court
= The evidence herein is deemed to be
sufficient To- support the findings OF the
jury that the injury sustained by the
plaintiff when the bicycle he was riding
tollidel with the defendants automobile
at the intersection of two streets was due
to the negligence of the defendant and not
Go the cuutributory negligence of the PLAIN
TIFF
All the Justices concurring-
4 true copy
Arrest. ID. \ VALENTINE,
tSeal.t Clerk supreme Court
The Topeka state journal., 1916-12-14
No % 256

No. 20.356
The Commercial State Bank, Appellee,
Arthur Baker and I. L. Tilden, Appellants,
and Ben Hight, Appellee.
Appeal from WOodson County.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
1. In a replevin action brought by Sec
ond mortgage against the mortgagor and
against the holders of a prior mortgage
who are in possession of the property, the
plaintiff, without having plead payment or
satisfaction of the prior mortgage may Of
fer proof of payment or satisfaction, or of
any fact which tends to defeat the prior
ity of the first mortgage, and the fact that
he has plead in his petition that the first
mortgage was fully paid, will not prevent
him from offering proof of satisfaction
otherwise than by the payment of money.
. In such an action where the defendant
mOrtgaGor files cross petition against his
co-defendants, claiming that the first mort
gage has been paid and that he is the
owner of the property, subject only to the
lien of the plaintiff, he may set up as
against his codefendants a claim for un-
liquidated damages arising out of trans
actions connected with their possession of
the property in controversy.
All the Justices concurring.
a true copy.
Attest: u. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal., 1916-12-14
No. "a, 432
Charles \ Loomis, Appellee



The National Supply Company of Kansas,
ct al. Appellants.
appeal from Miami County.
AFFIRMED.
syllabus. Iiy the Court. Mason. J.
l. Where land has been sold at judicial
sale. and an attempt in good faith is made
tn redeem within proper time by payment
Of the required amount 10 the clerk, who
si,-rcpt~ 81 less sum than that due. by rea-
SON of computing interest at six per cent
instead of at the contract rate of seven
rcr cent Che and the rcdemptioncr through
mistake &~ To- the law >uppoStng that to
hr >ufficieiD the court has the power i'll
furthsrauce Of iusti"e. to permit the re-
dcmption to he completed after the eX
pi-utinn Of the statutory period, by the
lavIneut of su.h additional sum as will
bring the total MP to the amount of the
purchase price with interest Mt seven per
cent computed 10 TIE date Of the final pay
iunut,
= Where within the period allowed by
the statute for redemption au attempt to
redeem is made and by reason of an error
BOO computation or in the rate Of interest
the clerk accepts a less sum than the
deed Notwithstanding such payment, 4
buyer from the grantee in such deed is
charged ty the clerks entry Of such pay
gcut with notice Of the redemptiOner' 5
rights
All tine Justices concurring.
\ true copy.
Attest u, A. VALENTINE,
tSeall Clerk supreme Court
The Topeka state journal., 1916-12-14

No. 20 2J9
William Danielson, Appellant,
BETTE Danielson. Appellee.
Appeal from Cloud County
AFFIRMED.
Syllabus. By the Court. Burch. J.
The evidence considered. and held that
the Judgment refusing divorce and max
ing division of property will not be dis
turbed.
All the Justices concurring.
\ true copy.
Attest: ID. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
No. 20.3j0.
Seth Ely. Appellee,

No. 2O.35o
Seth Ely: Appellee.
The Wichita Natural Gas Company,
Appellant
Appeals from Neosho County.
REVERSED.
No. 20351.
Bell Brothers & Mcdonald, Appellee.
The Wichita Natural Gas Company,
Appellant
Syllabus. By the Court Mason. 7.
1. A contract by which a pipe line COM
pany agreed to accept the minimum OF -
of a number of gas leases and producing
wells, paying each month at the rate of
three and one-half cents per thousand, held
TO have been executOry the title to the
gas passing only as delivery was made
2 In n contract by which a company
owning n pipe line for the distribution and
sale of natural gas, to cities and towns and
factories. agreed to accept and pay for n
stated daily minimum of gas, a provision
that the gas was to be .merchantable' is
held to imply its conformity to an ordinary
and reasonable standard of quality: and
the fact that the gas rendered under such
a contract contained only from 500 TO $50
British Thermal Units per cubic foot, while
the gas handled by the company which
was obtained frora other sources contained
matter of law that 1t was not ''mer-
charitable" in the sense in which that term
was employed in the contract
All the Justices concurring.
A true copy.
Attest: D. A VALENTINE.
(Seal) Clerk Supreme Court
First published in The Topeka State
Journal, Thursday, Nov. 90, 1851
In the Probate Court of Shawnee County
Kansas
In the Matter of the Estate of Dora Rog-
ers Cummings Deceased.
NOTICE OF FINAL SETTLEMENT.
Creditors and all other persons interested
in the aforesaid estate. are hereby notified
that the 9th day of December, 1916
shall apply to the Probate Court sitting NJ
the Court House in the City of Topeka.
Shawnee County. Kansas. for n full and
final settlement of said estate and for an
order of the Court finding and adjudging
who are the heirs of Dora Rogers Cum
mings, deceased.
OTIS f. HUNGATE,
Administrator. G. I. n.
(First published I'm The Topeka State
Journal, Thursday Dec. Z, 19lG.)
In the District Court of Shawnee County
Kansas.
In the Matter of the Petition of Richa I'd
c. Ward, Minor. to confer rights of ma
jority.
To Whom Ii May Concern:
Public notice is hereby given that Rich
ard G. Ward, minor. residing in the County
I Of Shawnee. State Of Kansas will. by Nettie
NJ. Ward. his next friend, on Saturday. the
3;rd day of December. A. d. 1916. file a pc
tition in the District Court of Shawnet
County. State of Kansas PRAYING saif
Court for a decree and Judgment confer
The Topeka state journal., 1916-12-14
D. A. VALENTINE,
Clerk Supreme Court.
No. 2O.435

No. 20435.
James NJ. Priest, by his next Friend, Mary
f. Priest, Appellee,
The Bankers Life Association of Des
Moines, Iowa, Appellant.
Appeal from Cloud County.
REVERSED.
Syllabus. By the Court. Burch. J.
1. The notice contemplated by the act to
prevent cancellation or forfeiture of life
insurance policies without notice (Laws
1913, ch. 212), is notice of an intention to
forfeit under an accrued right to forfeit,
resulting from default in payment of
premium within the time limited therefor,
and notice given before the time has ex-
pired within which payment may right
fully be made that forfeiture will be en-
forced if payment be not made, does not
satisfy the requirement Of the statute.
. The act is prospective in its operation,
and does not affect forfeiture cancella-
ton of policies issued before the act took
effect.
All the Justices concurring.
A true copy.
Attest: u. A. VALENTINE.
(SeaI) Clerk Supreme Court.
The Topeka state journal., 1916-12-14
LEGAL.


ment to be made when the residence could
be sold for stated price, which was about
the actual value of the same. 1t was also
agreed that the liability so fixed should
constitute lien upon the property. The resi-
dence was never sold and about two years
after the agreement was made the house
was burned and the obligor collected a sub
stantial amount of insurance for which she
had contracted and paid. Shortly after
wards she built another house which cost
only one third of the insurance received
and which was worth much less than the
one which was burned. In this condit1on
it became improbable that the property
could ever be sold for the price named
IN the agreement. Held, that liability was
created when the agreement was made and
the property transferred, that under the
circumstances the debt became payable
within reasonable time and that rea-
sonable time had elapsed when the action
to enforce payment was begun.
All the junstices concurring.
A true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal., 1916-12-14

RESOLVED. That the Mayor and Board
of Commissioners of the City of Topeka.
Shawnee County, Kansas, deem it neces-f
sary for the best interests of said city that
Seventeenth street from the west line Of
Madison street to the east line CT >
Adams street extending north In said city.ss
be graded. curbed with combined curb and
gutter. and paved twenty-six (26) feet :
wide with asphaltic concrete on a five l5l :
inch cnncrnfa haSa.
The Topeka state journal., 1916-12-14

First published in the Topeka State Jour:
ma, this Sth day of December, 1916 =
The Topeka state journal., 1916-12-14
LEGAL.

=.
ring upon him the rights of majority. and
that he have full power to hold. convey and
dispose of any and all real personal
property now owned by him. or which be
may acquire, and to make contracts and
be subject to all the liabilities incident
thereto. and be sued. and in all re-
spects to exercise and enjoy all the rights
of property and contracts in the same man
ner and to the same extent persons ut
the age of majority
Dated the 7th day of December. A d. 1915
RICHARD G. WARD, Minor
NETTIE NJ. WARD, Next Friend
J. L. ADDINGTON.
Attorne~ for Petitioner.
[First published in the Topeka State Jour
nal, Thursday, November %. 1916l
The Topeka state journal., 1916-12-14
SIIERIFF'S SALE.
In the District Court of Shawnee County,
State OF Kansas.
Frank o. Hamm, Plaintiff.

'heriff of Shawnee County. Kansas.
JNO. w. NEWELL, Attorney. =
The Topeka state journal., 1916-12-14

| First published in the Topeka State Jour
nal this Sth day of December. 1916l
The Topeka state journal., 1916-12-14


], Eta NJ. Covell, City Clerk of the City
of Topeka, Kansas, do hereby certify that
the above and foregoing is true and cor
rect copy Of the original resolution now on
file in my office.
ETA NJ. COvELL
fSeal) (ffv
The Topeka state journal., 1916-12-14

RESOLVED, That the Mayor and Board
OF Commissioners OF the City of Topeka.
Shawnee County, Kansas. deem it neces-
sary for the best interests of said city that
Huntoon street from the west line Of Col
lege avenue to the west line Of Grand ave-
nue.. except that portion already paved, Ia
said city. be graded and paved thirty go.
feet wide with asphaltic concrete on five
(Jl inch concrete baSe
The Topeka state journal., 1916-12-14

First published in The Topeka State :
il turnal, Thursday. Nov. 30. 1916.l
Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1916-07-15
WEATHER GAUGE TAKES
A SHOT AT THE SKY
MERCURY REACHES 1O2, OR FOUR
DEGREES HIGHER THAN LAST
YEARS HIGH MARK.
Weather Man Sees No Relief in Sight
Ground Crying out for Rain
Storm.

For the third time in four days the
season heat record has gone aglim-
mering.
After edging up point at time.
the weather man threw things in on
high yesterday and as result the
mercury hit the 102 mark and bubbled
for a short time. The minimum tenn
perature was recorded by the weather
department at 6S degrees. One year
ago yesterday the temperature stood
at 95 degrees while the minimum
vas "a.
Previous to this week the season
record was established with a mark of
SO degrees March 81. Then July 10
came SO, two days later 100 and then
the gauge popped at 1902. According to
prognosticators there Is no relief in
sight and still higher temperatures are
predicted.
The lack Of rain and the intense heat
is doing considerable harm to the corn
and vegetables. According to farmers
a good rain right now would be worth
thousands Of dollars in Tulsa county
and if il doesn't come within a few
days it will be worth several times
more.
Last year n new record for rainfall
was hung up and the season heat
record was established July 81 when
a temperature Of 9S was reached.