davidaulloa/AmericanStories huggingface dataset:
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
unfairly TWO MILLION IN EXEMPT
PROPERTY IN CENTRE DISTRICT
To Ward Off Summer
Complexion Ills


To keep the face smooth. white and
beautiful all summer there's nothing
quite so good as ordinary mercnlized
WAN. DScoiorcd or trcckled skin. SO
common ar This season. Is gently All
Snrbed ny the wax and replaced by the
newer frcShcr skin beneath. The fac"
exhibits no trace Of the wax. which is
Applied 1t bedtime and washed off IN
tho mornings. Greasy creams. powders,
and ruuGe$. on the other hand. arc apt
10 appear more conspicous than usual
these days Of excessive nerSpiratIon.
Just get an ounce OF mcrcolized wax al
any drug Store. and use like. cold cream.
This will help any skin at once. and In
q week nr so the complexion Will look
remarkably young and healthy.
Sun. winds and flying dust often cause
squirting and other contortionS which
make wrinkles. You can quickly get
rid Of every line. however caused. by
using harmless wash lotion made by
dissolring or powdered saNolite in Il
pt. witch hazel.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
IDR JEPSON ISSUES A
.HYDROPHOBIA WARNING

9 CHARLESTON. W. Va. July O.
has appeared in Hancock
Hcountv,. and about twenty dosS are re-
Epcrted to have been attacked by dog
athat died Of rabies. AS a means 10
%check it's spread. the state depart,
sment of health has ordered that all
sssdoss be muzzled and chained securely
: for sixty days from, this d&te' ne
siocaI health Officers have been direct
Sed - enforce the regulations and 10
-cause all dogs shot ii found running
Eat lrrge and wi,houf muzzleS. Any
#other animals which have been oiiten
,ebr mad dogs or BY dogs suspected OF
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10

left Yesterday for Buffalo. y. Y. where
they will spend couple OF weeks visit
ing with relatives.
Miss Agnes Arnold. OF Caldwell. Ohio.
is the guest OF Miss Rose Ebber,s, of
Marshall street.
Lincoln Lodge. No. ~. ]. q. q. f, will
hold its regular weekly business meet
ing this evening IN the headquarters III
the McMcchcn building.
The Wheeling Traction Company Viii
begin work this week. constructing con-
crete walls aloonE koonuHs Run, on
Marshall street, between Ninth and
Tenth streets.
Miss Rose Ehbcrts. Of this city. has
resigned the position Of stcnographcr
for the Wheeling Can Company
Earl McrracKcn. Of this city, has nur-
chased n new Alter touring car through
the local agency.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Miss Lorena Davis.

Word was (.caiv"d in West AIcNandcl
yesterday hy relatives announcing the
dca; OF Miss i.orepa Davis. who died In
a Sanicarlun. near Harrisburg. Pa. The
body will BE- brought TO West Alexander
:or burial Miss Davis is survived by
her mother. Mrs. William Davis. besides
Two brothers and one sister. Charles and
Harry Davis and Mrs. Morgan RISES. all
OF West Alexander.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10

having rabies, should be shut up for
al least two weeks.
Rabies is rapidly fatal.
Any dog which has been bitten by a
dog acting suspiciously should not be
shot at once, but should be penncd up
and chained. If it has the disease. it
will develop symptoms and die with
in two weeks. The dead dogs should
be buried after being covered with
quicklime.
People who have been bitten should
be given Pasteur treatment at once.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
New Minister Takes Charge.

Rcv Harry ROBERTSON. Formerly pas
tor OF the First Christian church. OF An
iioch. o.. has taken charge OF the FIRST
Christian church Of Elm Grove, sue
cceding Rev. IOhn K. Clark. VINO mas re-
signed in order tn accept the passionate
Of tho First Christian church OF Ches-
ter. W. Va. Rev. Clark has been pastor
of the Elm Grove church for the past
;wo Years. Rev. Robertson conducted
his drSt services Yesterday.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Nav Take Part,

Tho n.emb.rS OF the various commit
,.s OF tho Mems Bible class OF the
Vance Memorial Presbyterian church Mt
Won.isdale viii meet tomorrow evening
in the basement OF the church 10 qis-
cus; the proposition Of the class taking
part in the Loyalty Day ceisoration on
nsxt saturday afternoon. 1t is under
stood that should the Bible class OF the
other churches OF the city take part
that Vance vii! send at least 100 men.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Will Entertain Thursday.

Mrs. Martha Carroll. Of Triadelphia,
will entertain tho members of Circle No
y OF the Ladies' Aid Society OF the ira
deirhia Methodist Episcopal church on
Thursday afternoon. from . 10 D O'Clock.
At tho close of the business session re-
frcshments will be served.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
0UT-THE-PIKE
Special Council Meeting.

This evening a special meeting OF the
EdGwood council will be held in the town
hall FOR the purpose OF considering a
number or matters regarding the i'm
provenent OF the streets. An effort Is
being made 70 have Edgington lane
paved. Town Solicitor Charles Schook
has rendered his resignation. which will
be acted upon at this meeting.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Gorrania Gets Rural Route.

Through The efforts of congressman
Bowers the poStotrirc department has
established "A rural mail delivery route
running out of Gormana. W. Va II; u.
Duling, of Gormana. has been named as
carrier on the new route.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
w Va Lad Wants Army Appointment.

Congressman Adam Litllcpasr mas
taken up with Secretary at war Haker
the question Of securing II commission
in tho engineer corps tor VILLAIN Lon
Gently graduated with III, highest hon
nrs from the virginia. Military Institute.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Will Give Lawn Tete.

The members oc the Ladies Ai9 So
ciety of the Presbyterian church OF
West Liberty will give lawn fe5e on
the lawn surrounding m" church on
Wednesday evening. Dainty refresh
mentS will be served.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
VIII Taxa Vacation.

Town Marshal J. o. Butler Of Elm
Grove Is planning his annual vacation.
which will be taken this month. begin
ming tomorrow. Mr.. Butler has not
made Il known as to where he will spend
his vacation. ~ special deputy will act
as marshal.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
One Arrest Made.

Rut ono arrest was made Yesterday
b. Deputy Sheriff Louis L.oeomarctno
in tina pike district for violating inc
speed law. The vIolator Will DC given
a hearing hefrr" Squire Ni"kham. Inc
Arrest was made At Greenwood.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Hnr Ratnrnad Homo.

Mrs r. t.. Tanner AMI son. Frlce' or
Chicago Junction. who have been t~'
guests Of Mrs. Tanners parents. Mf.
and Mrs VI. l.. Price. Tor the rhst TWO
weeks returned To their home Monday,
that they mign; 60 with Mr.. Tanner TO
Cedar Point for The 9TH.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Mold nnion Services,

Union services Of the churches OF
Wrst AlcxanIer were held yesterday
morning and evening in the United
PRESBYTERIAN church OF that place. Rev.
II. \. Riddle. pastor OF the Presbyterian
church. was in Charge.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
SEN, COFF DOES
A WORTHY ACT
TAKES UP PENSION BILL OF PAR
ERSBUHG WOMAN AND
GETS INCREASE.
Effort Made to Get J. S. Lakin's Son
Into Army-General West Virginia
Gossip at National Capital.
(By John W. Flenner.)

WASHlNGTON. H.. e.. IH!y ?. -
Through the efforts nf ScnaI"r Nathan
Goff. the senate pensions committee mas
tavorahly reported ont bill granting
r. pension of SD month Ia Mrs. Emma
L. Porter, of Parllcr$hur@. W. VA, widow
of the late Gcur%c w. Porter. sergeant
Of Company l., One Hundred and ,rhirlX,-
NTH Pennsylvania volunteers. The hiii'
rs 1t passed the house CARRIED but So
month hut when the measure" came 10
the senate SrnalurSG Con- discovered llat
Mrs. Porter had an imbcclir dauShtrr'
whom she WAS forced ais" 10 support
He went before The senate cunm!tt"@
asking that the pension be increased
and AS Il result the bill as reported 70
the senate provides for IL pension Of $2i.
with an additional provision thal upon
the death Of the mother The child snail!
receive a pension Of 81. month.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10

Miss Bertha Howell. o. Flushing came
10 tho home Of her friend. Miss ncrntha
Armstrong. the past week and remained
over for the 18th or July celebration At
RannOcK.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Epworth League Rally.

The mcmhers OF the Epworth league
OF the Triadelphia Methodist Episcopal
church held rally last evening at 1:1a
clock. which took the place OF the res
ular service, An excellent program was
rendered at the close Of which the off
GERS for the ensuing. term were installed.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10

Mr.. and Mrs. Charley McClintock and
babv and Mr.. and Mrs. r. E. McClintock
and baby. took their dinner and spent
Sa hbalh ut Bethesda Park.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Special Board Meeting.

This evening a special meeting of the
Washington Country district board OF
education will be held in the Fulton
school huildinG for the purpose or elect
ing teachers. for the ensuing year.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Naemau Euueral Today.

Funeral services over the remains or
John Neeman. eight year old boy who
died a. ST. Johns home. Elm Grove.
h,. held this morning at $3.50, o'clock. In
terment will pc IN Mount Calvary GEM
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
union TOWN
Zero Visiting Friends.

l'NlONTOWN. O.. July 9.-Mrs. Mary
Sncdikcr Of Wheeling. w. Va. mas nceh
here the past tn days ar m"'" E'S'.i'S
hcr friend Mira. NJ. l.. Price and nth""
friends
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
e,,, moro,n Postmaster Named

Miss Agnes NJ. Bennett has hcen
AIMED 10 succeed Mary =. Lily. re-
icned. AS poSrmistrcsS at Glen Morgan
;alcigh county.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Hero From New Concord.

Mr.. Anderson Moore and brother.
Charles. came 10 the home Of Mr..
Mnorc's friend, n. Craig rric". Thursday
evening, for Il visit. Craig and the
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
po.+rasters Commissioned.

following West Virginia postmastcrs:
Richard G. Cooper, FarmnGton;, James
J. Dunn, Rowrlsburg; William II. NC
Ginnis, Jr., Shelton; Martin L. carr
Ill
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Pension Bills Introduced.

CONGRESSMAN .LittlcrHcc has miro
duccd bills granting Pensions or *le a
month each 10 John Walton ana HllpcrI
Scarborough, OF Charleston.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Returned Homo.

Mrs Mary sncdikcr. who has been
hero visiting her friend, Mrs. NJ. l..
rrirn. went Thursday 10 Rannock, 10
visit Mrs. John Taylor and family and
returned 10 her home in Wheeling Sat
urday.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Personals. and Briefs. =

Miss Ida TIcndershot. OF West Alex
arder. spent Sunday al CIa%SNilic.
The service which was TO have neon
held in the Coffeetown school house last
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Postoffice Discounted.

The posloificc al Vincent MetzG'
county. ". Va. has hccn iisconlinucd:
Tcrcaftcr the mail will he sent 10 NC"
Nartlnsvillc instead of TO Minnie.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10

Miss Anna and Mrs. Robert McGraw.
drove out to the "Bide A. Wee" Thurs
day evening and attended the festival at
the l.. P. Church Thursday evening.
Uniontown Briefs.
Mr.. Clyde Walker was here from
Akron and spent the 4th with his sis-
ter. Mrs. John Cunard and family.
Paul Armstrong. Of Fairmont, w. Va.
was here over Sabbath with his mother.
Mrs. Martha Armstrong, he went from
here TO St. Clairsville to visit a friend.
Mrs. George Barnes and Mrs. Mary
Snediker went to Crab Apple Sabbath
afternoon for the children's day excr-
ciscs.
Corcst Coup came down from Akron
and spent the 4th with his parents, MI.
and Mrs. Allen Coup.
The festival at the church THURSDAY
evening was quite well attended and the
sum CT SEQ was cleared.
Frank Harris spent the 4th with the
homo folks.
Mr.. and Mrs. N. L. Price and daugh-
ter. Mrs. Roy Tanner and son. Price. and
Mrs Mary Snedikcr visited Mrs. Sncdi-
ker's daughter. Mrs. Stella Ambrose, at
Lcatherwood. W. Va. Wednesday Of last
week
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
SERVICES FOR G. A. R.
Held Yesterday Morning at Second
Presbyterian Church-Many
Veterans Attend

Special services for the members
Of the j. ". Holiday post G.. A. r.
were held yesterday morning in the
Second Presbyterian church. The civil
war veterans met at their headquar'
ters in the Trades & Labor Assembly
hall and marched in a body 10 the
church. Rev. Thomas Grier koontz,
n. ~. delivered a patriotic sermon and
Mrs. Robert Marshall. Of Wnodlawn.
sang.
She--Nou shouldn't squeeze my hand
going out Of the theater. When |
squeezed back meant YOU 10 stop.
He-Meo l--why, I--l--didn't. touch
YOUR hand Judge.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Purchased Farm,
visiting Friend.

Mr. William Killgore. Of Bethesda.
purchased the linll farm, which was sofa
at public sale. Saturday.
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10

Hero From Bellaire.
Mr.. John II. McGraw and laughter,
The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1916-07-10
Spent SABBATH at Bethesda Park.

Moore boys drove over to Cameron. w.
Va, Friday afternoon to visit friends.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
d. A. VALENTINE.
Clerk Supreme Court.

No 20. DBL
The Northrup National Bank, Appellee,
The Yates Center National Bank. Ap-
pellant-
Appeal from Woodson County
AFFIRMED.
Syllabus BY the Court Marshall, J.
1. A Judgment rendered on an oral con-
tract between banks concerning the
transfer Of notes and credit given will
not be reversed when based on a general
finding. where the evidence is not clear
as to what the oral contract was. hut
shows that the contract was afterward
confirmed by letters which referred to the
oral contract but did not state the COM
plete terms thereof. and the contract Is
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
LEGA-

the land by the grantor in the deed to a
third person.
8. personal judgment may be rendered
in an action against a defendant whose
wife is not a party, although the claim on
which the Judgment is rendered Is one
against which there is no homestead ex-
emption.
4. A defect in a petition in not alleging
a tender of deed is cured by judgment
requiring the plaintiff to deposit a deed
before Judgment is rendered.
3. 1t is error to render Judgment for the
entire unpaid purchase price of real prop
erty payable in installments, when only a
part of the installments are due and there
is nothing in the contract of sale accelerGt-
ing future payments.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
ISeal1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 20.306.
George W. Humphrey, Appellee,

No. 20.306
George W. Humphrey, Appellee,
M. e. Flaherty, Appellant.
Appeal from Shawnee County.
(First Division.)
AFFIRMED.
Syllabus. By the Court. Johnston, C. J.
1. A builder can not avail himself of
provision in contract providing for pen
alty of a certain sum per day for the FAIL
ure of a contractor to complete the work
on the day fixed where the delay has been
occasioned by his own acts and defaults.
2. provision in building contract
that payments shall be made to the con-
tractor as the work progresses and when it
architect may be waived, and a finding
by the trial court herein that the issuance
of certificates provided for in the contract
had been waived by the parties is upheld
All the Justice concurring.
Attest: D. A. VALENTINE
ISeaL1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 2O.637.
]. H. Oliver, Appellee


George C. Christopher, ct al, Partners, etc..
Appellants.
Appeal from Sedgwick County.
division No. IL
AFFIRMED.
syllabus BY the Court Mason, j.
L The refusal to strike from petition
under the workmen's compensation act al
legations regarding negligence held not to
constitute material error because III the
tight of the entire record it clearly could
NOT have resulted in prejudice.
3 The refusal to strike from the pet1-
ton matter negativing an anticipated de-
tense held to be -prejudtcial.
a Testimony of a plaintiff that the
toss of an eye had impaired his efficiency
as q workman because he could not guage
Instances as well as before, is sufficient
hasis for finding of partial disability I'M
der the compensation act.
The rule applied that the omission to
PRODUCE excluded evidence at the hearing
If the motion for new trial valves any
Where in an action under the work
mons compensation act the duration of the
naIntiffs total disability, and the existence
~ T,eTmanent partial disability, are nxed
by special findings which nave nor peen a IN
Judgment making the minimum allow
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
LEGAL.

partly explained by the subsequent con-
duct of the parties.
2 Where notes are transferred from
one bank to another by endorsement. evil
dence to show the contract between the
banks as to the purpose for which the
notes were transferred is competent
s. Where notes are endorsed by one
bank to another collateral security for
a credit obtained under an agreement that
any of the notes may he returned IL found
unsatisfactory, a delay of months and
20 days In returning notes found unsatis-
factory can not be said TO be unreasonable
as a matter of law. although the bank
transferring the notes and obtaining the
credit has in the meantime been placed in
the hands of a receiver
All the Justices concurring.
A true copy
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 20,OS1.
e. J. O'Harro, Appellee,

No. 20,0S1.
e. J. O'Harro, Appellee,
E. J. Ackey, Appellant.
Appeal from Shawnee County.
First Division.
AFFIRMED.
Syllabus. By the Court Burch, J.
The proceedings examined and held
that objections to the sufficiency of the
petition are not tenable; that a slight dis
crepancy between the allegations of the
reply and the proof was not material ;
that the cause was properly submitted
to the jury under appropriate instructions ;
and that the special findings and general
verdict were sustained by sufficient evil
dence.
All the Justices concurring.
true copy.
Attest: D. A. VALENTINE,
(Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 20.O53.
Maud L. Marshall, Appellee,

The Farmers & Bankers Life Insurance
Company, Appellant.
Appeal from Sumner County.
REVERSED.
Syllabus By the Court Dawson. !
l. Where a promissory note is tai ken for
a premium on a life insurance policy. and
the insurance policy provides that the note
is not TO be considered as a payment of
the premium but only an extension of time
for payment and that a failure to pay the
note at maturity shall forfeit the policy
default in payment of the note relieves the
policy
2. Where a promissory note is taken for
a premium life insurance policy, pay
able to the agent of the insurance company
and is received by rim agent for the
company and delivered by him to the
company. the insurance company Is the
owner of the note from the inception of the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
MONEY.

MONEY TO LOAN on city and farm
property, any amount. low interest rates
our plan. W. NJ Forbes & Co.
MONEY TO LOAN ON ALL KINDS OF
PERSONAL PROPERTY.
Horses. cattle, pianos. diamonds. house-
hold goods, libraries. typewrfters, sutns.
carriages, machinery, and to salaried reo-
pie r. s. Thomas. $40 Kan Ave Tel "a
LOANS made on any kind o. personal se-
curity. L. Biscoe. 6z3 Kansas Ave.
81 600 PRIVATE money to loan and can 6s
paid back by monthly payments or to
suit borrower. Phone 49s2 Black
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
LEGAL.

performed and the property is probably
Insufficient to discharge the mortgage
debt.
4. A receiver appointed under section
266 of the code before sale in foreclosure
case should be discharged when the sale is
confirmed and it Is error TO continue the
receiyership after the sale without show
ing under section 49S of the code that a
receiver is necessary to prevent waste.
All the Justices concurring.
true copy
Attest: D. A VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
LEGAL

main in order to supply its inhabitants
with water, and the mere fact that it had
previously condemned property. for that
purpose did not exhaust the power nor
preclude 1t from afterwards condemning
property at the same or another location,
If the Officers to whom the power is en-
trusted determine in good faith that the
public interest requires another exercise
of the power.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 20,297.
William Haddock, Appellant,

No. 202T.
William Haddock, Appellant,
Thomas Mcdonald and The Board of
County Commissioners of Wyandotte
County, Appellees.
Appeal from Wyandotte County
Division No 2.
AFFIRMED.
Syllabus. By the Court West, 7.
I. A proceeding to subject to the pay
ment of a Judgment the salary due from
county to deputy sheriff cannot be
maintained under section Gilt of the Gen
eral Statutes of 1909. Civil Code, sec
ton 500.
2 The legislature. in enacting chapter
151 of the Laws of 1889 exempting munic
fpal corporations from garnishment, in
tended to include and exempt counties
and similar bodies we'll cities.
All the Justices concurring.
A true copy
Attest: d. A VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12
No. 20, 296.
HA--nal A

No. 20,296.
J. L. Howard, Appellee,
A. c. Tourbier, ct al a.. o. Pickering),
Appellant
Appeal from Wyandotte County
division l.
MODIFIED.
Syllabus. BY the Court. Porter, ].
appears in the transcript of the evidence
cannot be considered IN this court for any
purpose (Root Street Railway Co, %
Kan. 694, 1873 Pac. 500
sustain a judgment of foreclosure that
there be proof of title in the mortgagors
and of title in the defendant. it is held in
this case that, since the appellant. makes
no claim that the mortgagors were not
in fact the holders of the legal title, is
not denying the source of his title.
and makes no claim that he has the least
defense to the action, he is not entitled to
reversal, although the transcript of the
evidence fails to show formal proof that
when the mortgage was executed the
mortgafsors owned the property.
g. Section 49S of the Civil Code, which
is pnrt of an act revising the procedure
in the sale of real estate on execution
other judicial process laws 1893. ch. 1902.
does not repeal the general provision of
section 266 of the code which authorizes
the appointment of receivers in actions
for foreclosure where it appears that the
property is in danger of being lost,
moved materially injured. or that the
condition of the mortgage has not been