The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
LEGAL.

establishing and declaring the provisions
record in the probate court of any county
of this state in which property of the
estate may be situated.
All the Justices cencurring-
Attest: D. A VALENTINE.
lSeal.I Clerk Supreme Court
No. 1885.
The Pneumatic Scale Company, Ltd, a
Corporation, Appellee,
The Carey, Salt Company, Appellant.
Appeal from Reno County.
AFFIRMED.
Syllabus. By the Court Dawson, ].
The issues, evidence. rulings and judg
of a weighing machine examined and the
All the Justices concurring.
Attest: D. A. VALENTINE,
tSeal.l Clerk Supreme Court
No. 1885.
The St Marys Machine Company. Appellee,
The lola Mill & Elevator Company, ct al,
and Caroline Frantz, Intervenor, Appel
Appeal from Allen County.
AFFIRMED.
Syllabus By the Court Mason, J.
1. Machinery purchased for use in a
mill. intended to be permanently fastened
in place by bolts, does not ordinarily be-
come part of the realty until the physi-
cal attachment is accomplished And where
such machinery is sold under a contract
reserving title in the vendor until payment
is made, it does not become subject to d
mechanics lien notwithstanding the con-
tract is not filed for record until after
the lien has accrued and the machinery
has been deposited in the building, pro-
vided such record is made before it is set
up and fastened in place.
,. Under the circumstances stated one
who. with notice of the existence of the
contract, purchases the read estate at a
sheriffs sale based on the Judgment in an
action foreclosing the mechanics lien,
acquires thereby no title to the machinery.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
GSeal.1 Clerk Supreme Court.
No. 1916
Samantha Morse, Administrative, etc, Ap-
! pellant,
George Wade, ct al, Appelleef-
Appeal from Pottawatomie County.
AFFIRMED.
L There is no oeca sion for employing
rules for judicial construction of q viii
in search of the testator's intention where
such intention is expressed clearly and
unequivocally in the instrument
, The intention of the testator so ex-
pressed is not controlled nor defeate by
the fact that the scrivener divided the
words used to express the making OF q
gift by the testator to a BENEFICIARY into
three paragraphs instead of including all
/ in a single paragraph.
3. Provisions of the viii under con-
: sideration are held to clearly show that
/ the Intention of the testator was to give
+ his wife a life estate instead of an abso-
/ lutte title in fee simple to certain real
estate.
/ All the Justices concurring.
true copy.
Attest: D. A VALENTINE,
| ISeal.] Clerk Supreme Court
No. 2o,311.
The State OF Kansas, eX rel the State
Tax Commission of the Stare of Kansas
Plaintiff,
Ellsworth county; J. X. Tercy as Coun-
ty Treasurer Of Ellsworth county The
! County of Ellsworth: and The Independ-
ent Salt Company, Defendants.
! Original Proceeding in Mandamus.
: Writ Denied.
No. 20. 3D.
/ The State of Kansas, ex rel the State TAI
Commission of the State of Kansas
| A. J. Klinginsmith County Clerk OF
! Ellsworth county: J. II. Tercy as Coun-
ty Treasurer of Ellsworth county: The
Board of County Commissioners Of tbs
| county Of Ellsworth; and The Crystal
Salt Company, defendants.
. Original Proceeding in Mandamus.
! Writ Denied.
The State of Kansas, rel. the State Ta1
Commission of the State of Kansas
Plaintiff,
"A. J. Klinginsmith as County Clerk Of
Ellsworth County; J. r. Tercy as Conn
Board of County Commissioners of the
i County of Ellsworth; and The Roya
Salt Company, Defendants
Original Proceeding in Mandamus.
Writ Denied
Syllabus. By the Court. Marshall. J
A Judgment against county treasure.
enjoining him from collecting tax leviet
on certain property under an assessed
valuation fixed by the state tax commits
Johnston, c. J., Burch. J., Mason, J.
/ Porter, J. and West, ]. Concurring. Daw
| son, j., concurring specially.
Attest: d. a. VALENTINE.
GSeal] Clerk Supreme Court
No. 1880.
: Letitia E Drollinger, and Edward G.
/ Drollinger, Appellees,
David l. Carson and Hattie T. Carson
Appellants
Appeal from Shawnee County (Divissor
No p
AFFIRMED.
Syllabus. By the Court. Mason,
1. Where a contract for the sale of LAND
gave the vendor right to declare a for
feiture for the nOn-payment of the pur
chase price, a statement by the buyer
ton of additional time that had beer
given him that he could not complete
the purchase, is sufficient to excuse a for
NAL tender of deed, no offer to complete
the payment ever having been made.
? Under such contract, where th'
whole purchase price is due and unpaid
the vendor, after giving notice that h.
VIII declare a forfeiture unless paymen
is made by day named, nay maintain
ejectment if the default continues beyond
that time.
3. In the circumstances of the presen
case il is held that the improvements mad
by the purchaser do not prevent the main
tenance OF such an action, nor require AM
allowance to be made TO him on that ac
count.
4. The fact that by the terms of sucl
a contract the purchaser assumes the nav