davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
No. 1870.
L. f. Fontron, Appellee,

No. II, 40.
L. +. Fontron, Appellee,
O. H. Bentley ct al, Appellants.
Appeal from Kingman County.
AFFIRMED.
Syllabus. BY the Court. Burch, J..
A person claiming real estate under title
derived from the governne
adverse possession for more than twenty
years may quiet his title against n claim
ant under tax deeds more than two years
old who has commenced no proceeding to
obtain possession.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE,
ISealJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
D. A. VALENTINE,
Clerk Supreme Court.
No. 1881.
M. A. Fitzgerald, Appellee,

No. 1881.
M. A. Fitzgerald, Appellee,
VS..
Oh. P. Fitzgerald and L. f. Isenberg. APP
pellees. andl J. E. Fitzgerald, Appellant
Appeal from Sherman County.
REVERSED.
Syllabus. By the Court. Marshall, j.
One to whom the owner of land is in
debted, and who orally agrees to and
does lend money to the land owner with
which to pay some of his debts, and who
promises to and does pay other of the
land owners debts, and promises to and
Goes become surety for the land owner for
other of his debts, on the agreement of
the land owner that he will
deed to the other certain lands
to secure him for the debts money loaned
money paid and obligations incurred, be-
comes an equitable mortgage of the lands
agreed to be conveyed from the time of
making such agreement; and his lien is
paramount to that of a subsequent attach
ing creditor, although the deed is not
made nor recorded until after the attach
ment is levied.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
[SeaLi Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
No. 1923.
c. +. Subke, Appellee,

NJ d. Gender, Appellant
Appeal from Gray County
REVERSED.
Syllabus. BY the Court Burch.
Under the facts stated in the opinion IL
is held that a statement of the value per
acre of a ranch. made to a principal by
an agent who was an intermediary 70
effect an exchange of land, was an express
sion of opinion upon which an action for
false representation could not be pre-
dicated.
All the Justices concurring
A true copy.
Attest: D. A. VALENTINE
tSeaLJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
WANrED-TO RENT.

WANTED-At once six or seven room
house, strictly modern, close TO car line
and school. c. J. Norris with Pelletiers
Stores Co.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
WANTED-FEMALE HELP.

WANTED-Neat, experienced girls, dining
room and lunch counters, in many
towns; women cooks; laundry help; exper-
fenced girls private families; hotel help,
etc. Furman Employment office, 81 Kan.
ave
WOMEN WANTED as government clerks.
$40 month. Topeka examinations coming.
Sample questions free Franklin Institute,
Dept. 625 n, Rochester. N. Y.
WANTED-Competent girl; must go home
nights. Phone 9S5 between and p m
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
No. 1892.
William Lampe, Appellee,


William Lampe, Appellee,
VS..
The Star Lumber Company, a Corporation,
Lee Larabee, f. T. Guymon, J. A. Black,
partners doing business under the firm
name and style of The Star Lumber
Company, Lee Larabee, Charles Sum
mers, Ralph Summers and j. A Black,
Appellants
Appeal from Seward County.
MODIFIED.
Syllabus. By the Court. West j
1. Shortly after the holders of certain
mechanics liens had begun suit to fore
close, a quit claim deed amounting to a
mortgage on the land involved in the suit
was executed to a trustee for the benefit
of such lien holders. The foreclosure suit
went to Judgment the land was sold and
the sale confirmed, one of the lien holders
being the purchaser at about onefourth
fee owner conveyed by warranty deed and
at the same time assigned his right of
redemption to the plaintiff who sought to
redeem on the basis of the sum for which
payment being refused he sued for an ac
counting of rents and profits and to re
deem Held, that the sum the land sold
is the proper basis for redemption.
2. Such deed and assignment having
been executed at the same time must be
construed together and for the purposes
of this case amount merely to transfer
to the plaintiff of the fee owners right to
redeem.
s. The fee owner having requested the
purchaser at the foreclosure sale to take
up a mortgage on the land which he had
exefuLeu 10 duOlEeI-Nnltn NdS uoue anu
satisfaction entered of record-in order to
redeem and GUST the purchaser must ac-
count for such mortgage, and the plain
tiff standing in his shoes, is under like
obligation.
All the justices concurring.
true copy
Attest D. A VA tNTINE,
(SealI Clerk Supreme Court.
No 90 OOS
The Wichita Acetylene Manufacturing
Company. Appellee,
VS..
John Haughton. Appellant and Sophia
Haughton.
Appeal from Greenwood County.
MODIFIED.
Syllabus By the Court Mason, j.
l. Rulings of the trial court can not
be reviewed in appeal which was per-
fected before they were made
.. Language of a journal entry, to the
effect that the obligation sued on was
erection of improvements a home. held
to show a Judgment that the homestead
was not exempt from sale for its pay
menL
g. The provision of the constitution that
no property shall be exempt from sale
for the payment of obligations contracted
for the erection of improvements thereon
does not apply to a claim for material fur
nished for the improvement of a home
stead, but not actually used for that pur-
pose
All the Justices concurring.
true copy.
Attest d. A VALENTINE
ISea1-l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
No. 1901.
Frances keck, Appellee,

Frances Keck. Appellee,
]. j. Jones and c. NJ. Haverstock, Appel
Appeal from from sedgwiek County.
REVERSED.
Syllabus BY the Court. Burch. J.
l. An automobile dealer ordered a Ford
tax1cab for a customer. The car arrived
at the dealers garage, was supplied with
gasoline, oil. water and air. was inspected.
and was tested by running it. all before
noon of certain day. In the afternoon
the purchaser came for the car, paid for
it. declined assistance in operating it be
cause he had had experience. and drove it
away. After driving the car for probably
an hour the purchaser returned to the
garage and asked for some one to accom-
pany him to observe the mechanical OPP
Grafton of the car and make any adjust
ments that might be necessary. The deal
er considered it a part of his business to
see that the was in proper working
order and sent an employee, who was
machinist, with the purchaser to OBJ
serve the mechanical workings of the car
and correct the same if found defective.
ana for no other purpose The purchaser
sta ted for schG9l to get his daughter
who was injured. The maehinist did not
interfere with the oneration of the car.
Held. the owner and driver of the car
was not the agent servant of the dealer,
the dealer had no authority to control the
driver in the operation of the car, and
consequently the dealer was not RESPONSE
BILE for the owners negligent handling of
the car.
=. In an action for damages by the in
jured pedestrian the petition charged that
the driver of the car was negligent in
enumerated particulars. The jury were
asked to state in what his negligence con
sisted if they found he was negligent.
The answer was that he was negligent in
particular not complained of in the
petition. Held, the driver was entitled to
Judgment on the special finding
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE.
ISeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
No. 1885,.
F. W. Heaton, Appellant,


F. W. Heaton, Appellant,
vs.
John H. Burnside, ct al, Appellees.
Appeal from Seward County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
In action for specific performance an
injunction was granted restraining the dis
position of property. The bond was con
ditioned for the payment of damages If it
were decided the injunction ought not to
have been granted. Subsequently the in
junction was modified and a portion of the
property was released, not because the in
junction was wrongfully issued but be-
cause the plaintiff could be protected and
the defendant advantaRed. The defendant
disposed of all the property, the remedy
of specific performance became vaIueless,
the action proceeded as one for DANA ges
and the plaintiff recovered. In an action
for damages for breach of the Injunction
bond the records in the specific per
Torrance action showing the foregoing
facts were made a part of the petition
Held, no breach of the bond was disclosed
and a demurrer to the petition was prop
erly sustained
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
tSeaLl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
NEUTRALITY-SUSPICIOUS..

WE PAY highest cash price for 2nd hand
clothing Shoes hats and overcOats.
Drop a card or call 1915 E. Scrinopski &
Son, 40S Kansas ave
GOOD milk cows fat cattle and veal calves
W. c. A Leitzow. Tel. PSI
CARPET and rug weaving. 1880 Garfield.
Phone 25SS Blue.
WEAVING carpets. rugs. pillows; rugs for
sale. 221 Lake. 2299 White
WANTEDlCarpet and rug weaving. 10
L 4th. Mrs A. Black
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
LOST AND FOUND.

LOST AND FOUND.
LOST-English bull dog, name. house ad-
dress and 1915 license on collar Phone
657. Reward.
LOST-Roll of auto side curtains Reward.
Phone 2S3S Black.
FOUND-Silver friendship bracelet Phone
2519 White.
SITUATION WANTED-MALE.
EXPERIENCED farm hand wants job for
himself and wife where everything is
furnished; got one child II years old; pre-
fer west can furnish the best of reference.
Address 21S Taylor st, Topeka, Kan.
YOU'VE lady student wants work
for board. Dougherty's Business
College, Phone 566
WHITE girl; best references, wants work
as chambermaid or dishwasher will
leave town. G 2, care Journal
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
FIREPROOF SAFES.
VICTOR

for house, farm, lodge, $50, s35, $40, for
office, store, mill, etc, $50 $50, $50, $50.
Lock Box 8, Topeka, Kansas.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
d. A. VALENTINE,
Clerk Supreme Court

No. 20,4S4.
In the Matter of the Application of Nina
Will for the Writ of Habeas Corpus
Original Proceeding in Habeas Corpus
WRIT DENIED.
Syllabus. By the Court Dawson, j.
Rule followed that the supreme court
will not interfere with the orderly juris-
dtction of an inferior court by summary
discharge of petitioner on habeas corpus
when the petitioners cause is still pending
and undetermined in such lower court, and
where all the objections to the validity OF
the proceedings being taken against the
petitioner can still be urged before the
court whose process has deprived her Of
her liberty. (Civ. Code. go; In re GRAY.
"a Kan. $50, 6s Pac. 65S.)
All the Justices concurring-
A true copy.
Attest: d. A VALENTINE
tSeal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
SANTA FE NOTES

Items for this department may be
phoned to 1915 or State Journal office.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
EAST SIDE NOTES

IItsI1s for this department may be
phoned to 1915 or State Journal office
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15

No. 1866
Paul d. Cole, Appellee
The Atchison. Topeka & SANTA Fe Pail
way Company, Appellant
Appeal from CowIey County
AFFIRMED
Syllabus. By the Court Portar
In this case the evidence and sna,tsi
findings are examined and il is held tbet
findings Of negligence are within the is
sues raised by the pleadings: that tbe
findings are consistent with each otbar anS
with the general verdict
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE
loeal-l Clerk Supreme Court
Continued on Next Page-)
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15

FOR SALE-MISCEILA
FOR SALE-Good second hand piano: can
DE seen SO Horne or phone 4314 White.
FOR SALE-23 or tons of falfalfa.
Phone 1877.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15
FOR rXCHANGE.

FOR r.XCHANGE-
WANTED to trade dandy modern cottage,
two lots. large fine barn. splendid loca-
ton, 10 blocks west of Sth and Kansas
ave, near Governors square; also 40 H. p.
run less than 1900 miles, for new two
story modern home or bungalow. Here's
your chance to get an auto and splendid
home Address Home, care Journal.
SAINT MARY FOR TOPEKA
s room house, 4 lots electric, barn, $1,000.
Trade for Topeka house.
COTTRELL CO., 101 f. eth. Tel. $50 340S.
WANTED to trade for vacant lots 1918 40
H. P. Oakland automobile driven less
than 5000 miles; in fine condition. Address
Lots. care journal.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-03-15

FOR SALE-LIVE STOCK
FOR SALElGood horse, buggy and har-
ness, cheap; sell separate. Phone 2525
Red.
TWO yellow Jersey cows. Phone 1851,
ring ,
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
At THE LASAILE.

John Barrymore Is the featured
player at the LaSalle today in a Fa-
nous Player film drama written by
Willard Mack. entitled The Last
BRIDEGROOM" There is a fine blend
ing OF comedy and dramatic ele-
ments with a story that gives this
PLAYER many chances for injecting
his original mannerisms and a per-
sonal note that raises the picture far
above the average. The story touches
high and low life. introducing a
thread OF pathos. and the types have
been selected with care. on the
same program will be seen a Burton
Holmes travel picture and an educa-
tional reel. The Fire Fighting For
est Rangers Of Arizona"
on sunday an excellent problem
play entitled The Question" will be
presented. Written by Roy L Nc
Cardell who was responsible for the
big serial. The Diamond From the
Sky" IL has all the elements OF an
entertaining picture. Ii is more
than ordinarily acceptable because
IL deals frankly wiz = theme OF in
terest. a strong moral Is pointed
10 the women of so,de,y who prefer
the care OF pet dogs TO l,abies There
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
THEATERS
At THE OLIVER.

The week of pictures at the oliver
theater will start tomorrow with
Elinor Glyn's sense tiOnal story,
Three Weeks" which will also be
given on Monday, followed by The
Salamander," a perturbation Of
owen Johnson's story which ran in
several magazines recently, for Tues
day and Wednesday: The Aveng-
ing Conscience" on Thursday and
Friday, and Saturday and Sunday
Tn. Escape"
The Avenging Conscience" was
produced by Griffith and is founded
on Edgar Allen Poe's The Tell
Tale Heart" and some OF his poems
OF the affections.
The Escape" was written by Paul
Armstrong and served as a starring
vehicle for Helen Ware for a couple
Of seasons. During the run of pic
lures, performances will be given
continuously from 1 o'clock on.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
AT THE AUDITORIUM.

Miss Warrens Brother" q three
reel Vitagraph; The Detectives
Peril" a Kelem railroad picture
featuring Helen Rose Gibson; Mr..
and Mrs Sidney Drew in a Metro
comedy, and the Selig- Tribune week
ly OF current news showing many
scenes Of interest 10 all, are the at
fractions at the Auditorium today.
Sundays bill includes a two-reel
Essanay. The Dixey Winner, 4"
Ham and the Hermit's Daughter, 4"
one Of those screaming Ham" and
Bud" comedies issued by the Kalem
company; His Mothers Scarf" a
Biograph reissue directed by David
w Griffith; The New Janitor," a
single reel Lubin comedy and
Along the Border" a Selig drama
featuring the popular player Tom
Mix.
Monday brings the sensational
motion picture star, Theda Bara,
in the well-known old story. Lady
Audleys Secret" a character though
that is entirely different from any
thing in which this well-known play
er has yet been seen. Another fea-
ture picture for Monday will be The
Regeneration of Aunt Mary" a play
in which that clever Coincidence.
May Robson, has appeared here a
number of times and which was
really her greatest success.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
At THE ORPHEUNI

FINAL performances Will be given
today Of the current vaudeville bill
now playing at the Orpheum featur-
ing the Westman family Of six, who
offer a comedy domestic plaYlet The
Troubles OF JOY" Other features on
the same bill are the Bison City
-Four. an original quartet who intro
duce new songs and dancing; Stand
ard brothers. athletic experts;
Johnny Eckert and Billy Parker.
known as The Golf Players" and
the Davis Castle Trio, who offer a
splendid novelty musical Offering in
Producing Leonard Davis. the worlds
foremost ragtime pianist
Beginning Sunday a new vaude-
Vile bill will he presented featuring
Homer Lind and company. who will
offer a story OF stage life entitled
The Singing Teacher" Those
French Girls will present a novel
act of songs. dances and demOnstra-
tons OF physical culture. O'Neil and
Walmsley. eccentric come dians. and
two other excellent specialties will
complete the bill.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
CASTOR OIL NOW
EASY TO TAKE
Doctor Makes New Remedy
On Same Principle AS
Whipped Cream

The action OF cream under the
whipping process in making whip
ped cream encouraged a Cleveland
physician 10 try his hand at making
castor oil palatable.
Castor oil though recognized every
where as the safest and surest laNa-
tive, has always been hard for ply
sicians 10 administer without sicken-
ing adults or bribing children
However, by whipping pure castor
oil into a jelly and adding a delicious
flavor Of orange and lemc n this doc
tor finally succeeded in overcoming
all these objections
Castor oil is the only medicine that
should ever be taken for constipation
or stomach disorders.
His new preparation is called CAS-
TORI ELL and is now on sale at all
drug stores. 1t is highly recommend
ed by physicians everywhere on
sale ar Chas. Coonley Co. Ralph j.
Russ. Louis c. Kreidler. Public Drug
Store, American Drug Co. c. A SEN
rich g. Co Applegate's Drug Store
Nicholas Schilling, The Castor Pro
ducts Co Cleveland. Ohio.-Advt.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
AT THE COLONIAL.

The Net" a Mutual master pic
ture. de luxe edition. will De the fea-
ture attraction at the Colonial the
alter today. A new star, Marian
Swayne. the beautiful little actress
who has made friends wherever her
pictures have gone. is presented in
her first Mutual feature in this pic
ture.
Miss Swayne plays the role as the
sweetheart OF a. young fisherman,
while Bert Delaney appears as the
luckless youth who saves a drown
ing girl from the sea. Ethel Jewets
is the rescued maiden. linda Palmer
is the mother OF Delaney, Morgan
Jones plays the role OF a detective
and Arthur Bauer that Of business
man from the city. The entire cast
is made up of people well known in
Thanhouser productions.
The story Of the young fisherman
and his sweetheart and the part that
the mysterious girl from the waves
plays in il makes "a most interesting
hour OF screen pleasure.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
ENGINEERS BLAST
AN ALPINE PEAK
Italians, Unable to Capture
Position by Storm, Use
High Explosives.
international News Service

International News Service:
ROME, April Bly, capturing
Col ID Lana. a lofty peak In the
Dolomite Alps Italian troops crown
cd with success an engineering task
undertaken only when direct military
measures failed after causing heavy
losses % the Italians. The peak was
defended by 900 kaiser jaegers.
picked Austrian mountain troops.
They were practically wiped out
when an explosion Of mines blasted
the Austrian defense Only 40 OF
the thousand defenders survived
Solemn religious services were held
along the Italian front today 20 cele-
brate the fall OF Col hi Lana. the
capture OF which gives the Italians
dominance over the DolOmite road in
the LivinallOnga valley and the rail
way junction az Toblach.
Last fall the Italians made count
less attacks against Col III Lana.
They suffered heavy losses. but sue
ceeded in surrounding the mountain
only on three sides It's capture by
assault was found impossible and
the task was then turned over to
the engineering corps.
For five months the engineers Ia
bored night and day. Three long
tunnels were bored into the noun
tain. Under cover Of the heavy SHOWS
hundreds OF men worked without
cessation to accomplish the task be-
fore the spring thaw came.
They succeeded.
When the tunnels leading into the
heart OF the mountain were finished
many tons or high explosives were
carried within the three tunnels
were blown up simultaneously by
electricity from a point seven miles
away
the effect Of the explosion was
terrific. The whole peak was blown
up. The blast was heard at Toblach,
80 miles away.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
CHICKEN SIrPDER

Pythian Sisters Srd Annual Sup
per. Saturday evening April 22nd, in
*. Z. hall. a5c.-Adyt.
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
TROUBLE FOUND IN
HOLDING OYNAMlTER
Police Have Hard Time Keeping
Hands on Harry l.. Newton
i'm New York.

NEW YORK, April 22.-Dificulty
was experienced by the police Fri
day in framing a charge on which
a magistrate would consent to hold
Harry l. Newton, the former NUM-
tons worker, arrested Thursday. who
is alleged TO have agreed with de-
tectives to blow up munitions plants
in Dunkirk and Canada. After three
complaints had been discarded by
the magistrate, Newton finally was
held on a charge Of having conspired
with Henry Stempf "A detective, 10
blow up the federal building in this
city. The magistrate held Newton in
$4,000 bail and gave the police until
Saturday to produce Stempf TO sub
stantiate the charge
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
DANGERS OF nRAFr

Drafts feel best when we are hot
and perspiring lust when they are
most dangerous. and the result is
Neuralgia. Stir Neck. Sore Muscles
or sometimes an attack OF Rheuma-
tism IN such cases apply Sloan's
Eminent. II stimulates circulation
TO the sore and painful part. The
blood flows freely and In a short
time the stiffness and pain leaves
Those suffering from Neuralgia or
Neuralgia Headache viii find one or
two applications OF Sloan's Liniment
will give grateful relief The agoniz-
ing pain gives way TO a tinglinR SEN
sation OF comfort and warmth and
quiet rest and sleep is possible. Good
FOR Neuritis too. Price 25c at your
Druggist -Advf
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
WAS TOO ANXIOUS
JefTersonviIie Mans Offer Causes
Murder Indictment.
JEFFERsONvILLE.

JEFF'ERSONVIILE. Ind. April
22.-The Clark county grand jury
Friday indicted Edward Berry for
the murder OF Mrs Fannie Brook
bank. the widow who was slain in
her home here about April /. Sus-
picion attached 10 Berry a few DAYS
after Mrs. BrOokbank's body was
discovered when he offered 10 assist
the authorities in experimenting the
murderer. His actions since that
time resulted IN his being thrown
into jail several days ago and to-
DAYS indictment which charges
grand larceny and murder Berry
at one time was an employee OF Mr..
BrOokbank. He returned TO Jeffer-
sonvile from Cincinnati. where he
lived for a number of years, some
time before the murder
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22
AN IDEAL SPRING LAXATIVE

good and time tried remedy is
DR.. Kings New Life Pills. The first
dose will move the sluggish bowels
stimulate the liver and clear the sys-
tenn of waste and blood impurities.
You owe IL to yourself TO clear the
syste:1 of body poisOns, accumulated
during the winter. DR.. Kings New
Life Pills will do it, csc at your
DrugRist-AdVt
South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-04-22

ing the editorial opinions Of The DIGEST
it is devoted to giving full information You
see both sides together and use your own judg-
ment You form the habit of first getting all
the facts and then making your own decision.
You want all the faCtS-yOu get them in THE
DIGEST-you form your own opinion on the
news of the daV.