The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-07-12

No. 2O,o95.
Louisa Pickens and Johanna Schutt, APP
pellees,
N. r. Campbell, revived in the name of
with the. Will Annexed, etc, ct al, APP
pellants.
Appeal from Shawnee County.
AFFIRMED.
Syllabus. By the Court. Mason, J.
]. The heirs of an intestate may main.
tain in the district court an action to set
aside an order of the probate court ap,
proving an administrators final account
release obtained from them by intention
ally false representations concerning facts
they thereby surrendered, and to have an
accounting with respect to the admins
tration
Such an action is based on fraud,
and the statute of limitations applicable
is that relating to actions for reilef on
that ground, running from the time OF
B. Constructive knowledge of the fall
sity Of a statement that real estate the
record title to which stood in an interstate
at the time of his death, had not been
sold by him. is not as a matter OF law ~,i 70
have been discovered through inquiry
from the purchasers
4 In this state in an action for relief
on the ground of fraud, brought more
than two years after Its alleged perpe-
tration, the petition to be good against
demurrer need not set out the manner Oh
Ali the Justice concurring.
Attest: D. A. VALENTINE,
(SeaL) Clerk Supreme Court
No. 2O,732.
James Stevenson, ct al, Appellees,
Tho Roard of Comfy Commissioners of
the County of Shawnee, State of Kansas
Appeal from Shawnee County.
AFFIRMED.
Syllabus By the Court; Marshall. J.
L Property owners and tax payers az
fected by any tax levied under the pro.
visions of chapter POI of the Laws of 1909
may prosecute an action to enJoin me
board of county commissioners from con.
structing and improving road under that
In the absence of fraud corruption
or other misconduct the substantial
equivalent of fraud, the finding of the
board of county commissioners on the SUI SUI
of the Laws of 1909 is final and conclusive
on the property owners and tax payers ar
B. This rule applies to the legality and
authenticity of the signatures to the pet1-
T. The same rule applies to the de-
termination of the board OF county COM
the district, as set forth in the petition
g.. The rule likewise applies to the cost
amended d"R BY chapter hS 249 Of the Laws Of
1911, does not repeal chapter 2O1 OF the
Laws of 1909, or any part thereof, by
Implication. The two chapters provide
separate and distinct methods of improv-
ing roads and both may be resorted to
in any county at the same time for the
Improvement of different roads.
T. Chapter POI of the Laws of 1909 is
not unconstitutional for any OF the follow
7a1 That the provisions of the consti-
tuition were not observed in the passage Of
Gb5 That the act imposes on the town
ship a tax without giving the township
any voice, hearing or representation with
3c1 That the act requires the town
ship board to levy a tax in which 1t has
no voice in creating.
sioners has no discretion with respect to
the Improvement to be ordered.
lel That the act eoafers legislatiVe
S. Chapter POI of the Laws of 1909 is
not unconstitutional for the reason that
ii makes no provision for notice to land
owners of the proceedings for the con-
templated improvement of a road.
g. In an action to enjofn a board of
county nGer esa6eF 2 of he Laws Of
1909 cause of action is stated IN petit
ton which alleges that the petition to the
board of county commissioners did not
have the requisite number of signatures,
that it was signed by persons not bona
fide owners of property in the designated
no Investigation of the sufficiency of the
petition. but without evidence of its legal
fty and its sufficiency and in disregard
of their official obligation and duty, ar
bitrarily ordered the improvement of the
Johnston, c. J., Burch. J., Mason, J.,
and West. J., concurring.
Porter ]. and Dawson, J., dissenting
from the ninth subdivision OF the syllabus
and the corresponding portion of the optn-
a true copy. -
Attest: d. A. VALENTINE.
TSaal.I Clerk Supreme Court