davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 2O.92O.
NO. ZU,JZU.
Josef Segelbohm, Appellee,

NO. 2UJZO.
Josef Segelbohm, Appellee,
VS..
Edward Waldner, ct al, Appellants.
Appeal from johnson County.
AFFIRMED.
Syllabus. By the Court Dawson, J.
L. The ordinary rule that the posses sion
of one tenant in common is the possession
of his co-tenant in common does not apply
where the one holding the title and pos
session openly and VIGOROUSLY asserts and
exercises such acts of exclusive ownership
and exclusive right of disposition as to
show clearly and convincingly thai the
property Is being held adversely to any
claim of his co-tenant to an interest there
in.
.. Where one tenant in common con-
low tenant in common, upon an oral agree
ment that if the grantee should sell the
property the grantor was to receive his
share of the proceeds, and the latter
bequeaths the property to his wife by will,
in which testament he asserts that it was
exclusively the fruits of his own and his
wife's labOrs, and charges the property
with bequest in favor of a church 10 be
paid when she sells the property, anG the
will is probated, and the wife enters into
of the property to her second husband,
and later she and her second husband
convey part of the property to a third
party-all these acts and circumstances
constitute open and notorious motto" to
the grantOr that the property is being
held adversely to his claim of interest in
it; and where he takes steps TO assert
his interest or to maintain his rights for
more than fifteen years thereafter, his
action is barred by the statute of Iinta-
tons
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 20.aOO.
T. NJ. Jinnings. Appellee,

VS..
w. A. Amend, T.. r. Amend and John
Ratz1off, Appellants.
Appeal from Gray County.
REVERSED.
Syllabus. BY the Court. Mason, j.
Where a written contract in the form
Of a three-year lease of farm land pro-
vfdes that the lessee shall reside upon IL
and cultivate 1t in a good and careful man.
ner. raising wheat and delivering one-third
Of the crop to the lessor, and the lessee
after doing considerable work on the place,
but before sowing any wheat. is arrested
on a charge of having committed a felony
and on conviction imprisoned In the county
jail for about six months, the lessor IL
entitled to rescind the contract and take
and retain possession of the land, notwith-
standing the contract contains no provision
giving a right of forfeiture or re-entry for
any fault Of the lessee.
All the Justices concurrfng.
A true copy.
Attest: ID. A. VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
D. A. VALENTINE,
Clerk Supreme Court.
No. 2O,7O6.

No. 2O,7O6
A. A. Kurt and f. c. Kurt Appellees,
VS..
Clinton V. Cox, ct al. (Clinton V. Cox,
Appellant)
Appeal from Sedgwick County.
division No. -
AFFIRMED.
Syllabus By the Court, Johnston, G. J.
/. A grantor who makes representations,
as to the character and quality of land
situate considerable distance away from
the place of negotiations, which he knows
to be untrue and with the intention to de-
ceive and defraud the grantee, and whereby
he induces the grantee to purchase the
land without inspecting it. to his injury
and loss, not escape liability for the
fraud by the statement to the grantee at
the time the sale is completed that he
has never seen the land nor by telling him
that the information he has was obtained
from others.
3 That the grantor made representations
knowing them to be untrue and for the
purpose of deceiving and injuring the
grantee may be shown by circumstances
as well as by direct and positive proof.
g. The evidence herein is deemed to be
sufficient to uphold the findings of the
jury that the representations were untrue
and made with the fraudulent purpose of
injuring the plaintiffs.
All the Justices concurring.
A true copy.
Attest: u. A VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16

No. 21.l9G.
Marie MCHenry, Appellee,


The City of Kansas City, Kansas.
Appellant.
Appeal from Wyandotte District Court.
(Secpnd Division.)
REVERSED.
Syllabus. BY the Court Dawson. J.
1. Under section 1460 of the General
Statutes IF 1915, before commencing an
acton for personal injuries against a city
Of the first class conducted under commits =
sion government, it is necessary. within
four months, to file written statement
with the city clerk, giving the time, place
and circumstances relating to the injuries
sustained.
which is required by statute as candi-
dition precedent to the maintenance of
an action against city for such fnjur-
les, must be sufficiently cccuIate that the
city will not be misled thereby.
, Where a petition alleged that plain
tiff sustained injuries by n fall on pub
lie sidewalk and alleged that the accident
occurred IN January 10, 1915, and a copy
of the statutory written statement attach
ed TO the petition recited that the INJURIES
were sustained on January -. 1916. the
discrepancy between the dates is of
substance tending to mislead the city and
not nero defect in the form of the state
ment, and demurrer to the petition
should be sustained.
All the Justices concurring.
A true copy.
Attest: d. A. VALENTINE.
(Seal.l Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 20,924.
Winfield S. Bowman, Appellant.

NO. ZU,SZ4.
Winfield S. Bowman, Appellant.
H. NJ. Clyde, Appellee.
Appeal from Wyandotte County.
division No. p
REVERSED.
Syllabus By the Court. Mason, J.
l. Where the mortgagor of land sells 1t
subject to the mortgage, there being no as
sumption of the debt by the grantee, and
a third person afterwards buys the mort
gage and later obtains a deed to the land
subject thereto, and then releases the mort
gage, sells the land, and brings an action
against the mortgagor upon his note, the
plaintiff is entitled to recover the amount
of the note LEES the reasonable value of the
land at the time he sold IL.
?. The PLAINTIFFS rights in the situation
PENDANT had told him he would see that
the property sold for enough to pay the
mortgage, IL it were foreclosed.
3. The evidence held not to support q
finding that the land was worth the full
amount of the mortgage.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
(SeaL) Clerk Supreme Court. +
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
LEGAL.

terial, and a proportionate distribution OF
the loss among claimants having been
ordered, it is held that the claim OF one
who is subrogated to the rights of num-
Der of laborers and material men should
be reduced only in the proportion that
the total loss bears to the total cost or
the Improvement.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
(Seall Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 1,260.
G. s. Gray. Appellee.

Board of County Commissioners of Sedg-
wick county, Kansas, ct al, Appellants.
Appeal from Sedgwick County.
division No. H.
REVERSED.
Syllabus BY the Court. West, J.
l. The general purpose of the workmen's
compensation act is to provide for COM
pensation to workmen injured in hazardous
employments carried on for the purpose of
business, trade gain.
2 county in resurfacing county
road is not engaged in trade or business
within the terms or operation of the work
mems compensation act.
Burch, J., Mason, j., Porter, J., Mar
SHALL J., and Dawson, J., concurrfng.
Johnston, c. J., dissenting.
A true copy.
Attest: d. A. VALENTINE,
(SeaD Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16

No, 2O,SSS.
The Colorado Savings Bank, Appellant,
vs..
w. S. Bales, Appellee.
Appeal from Greenwood County
REVERSED
Syllabus. By the Court. Marshall, J.
1. A grantee who, in Il deed, assumes
and agrees to pay a mortgage on the land
conveyed, is not personally liable to the
mortgage unless the grantor in that deed
is liable.
q Under the circumstances set out in the
opinion a trial should have been
granted in this case on payment of costs:
Johnston. c. J., Burch, J., Mason, j.,
Porter, J., and Dawson, J., concurring.
West, j., and Marshall, J. dissenting
A true copy. -
Attest: d. A. VALENTINE,
(SeaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 21.265.
State of Kansas, Appellee.

No. 21.26o.
State of Kansas, Appellee.
William Hanks. Appellant.
Appeal from Saline County.
AFFIRMED.
Syllabus. By the Court. Porter, J.
l In a prosecution for arson in the
third degree an information is not fatally
defective because it fails to allege that
the property was at the time insured
against loss or damage by fire.
y In a prosecution under Section IS of
the Crimes Act (Sec. 1925, Gen. Stat 1879
for arson in the third degree the infor-
nation charged that defendant burned
certain personal property which was in
sured in The Sun Insurance Office With
the intent to defraud the insurer. A mo-
ton to quash the information on the
ground that it did not allege that the
property was insured against loss by fire
is held to have been properly overruled.
3. The evidence examined and held
sufficient to sustain the charge of con-
spiracy to burn and the burning of the
property charged in the information
4. For reasons stated in the opinion
the action of the trial court in denying
the motion for a new trial is approved.
All the justices concurring.
A true copy.
Attest: II. A. VALENTINE,
(Seal.) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 20,S97.
T. J. Braniff, ct al, Appellees,

No. 20,S97.
T. J. Braniff, ct al, Appellees,
Henry f. Baier and Charles A. Baier,
Appellants.
Appeal from Saline County.
AFFIRMED.
Syllabus. By the Court. Johnston. c. j.
1. While an agreement BY an owner
agency to find purchaser for his land. for
fixed time. upon certain conditions is
unilateral when made, the element of
mutually is supplied when the broker ac-
cepts its performance by spending time
and effort in doing the things that it was
contemplated would be done by him under
the agreement, and thereafter 1t is a bind
ing obligation upon both.
>. Where a purchaser is produced by the
broker in substantial compliance with the
terms of the agreement and the owner
makes no objection to the terms of the
offer of purchase the details of per-
Torrance but simply declares that he does
not now desire to and will not sell his land
he is estopped, after suit is brought upon
the agreement, to shift his position and
defend upon objections to details that the
broker might have supplied or corrected if
they had been mentioned by the owner
when the offer of purchase was made.
3 AS the evidence shows that the name
of the purchaser was other than that
stated in the petition the pleading will be
deemed to be amended SO as to conform to
the proof
Ali the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16

No. 20179.
John Corbett, Appellee,
Fannie Corbett, Appellant.
Appeal from Osborne County.
AFFIRMED.
Syllabus. By the Court. Porter, J.
In suit by the husband for divorce the
petition alleged that the defendant had in
duced him by means of threats and duress
to convey his real estate to her and asked
that the deeds be cancelled. The court
cancelled the deeds granted plaintiff a
divorce, and divided the real estate be-
tween the parties. Held, regardless of
whether the evidence justified the can
collation. of the deeds the court on grantin g
the divorce had the power to make an
equitable division of he property, and that
equitable, will not be disturbed.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 1,2S4-
Dollie Knowing, Appellee,

No. 81 ,2S4.
Dollie Knowing, Appellee, N
Morris & Company, Appellant.
division No. 81
REVERSED.
Syllabus By the Court. Burch. )
The headings and agreed facts consid-
cred and held that presentation of claim
for compensation had not been waived or
rendered unnecessary, and was a matter IN
issue
All the Justices concurring.
A true copy. r,>,,,
Attest: D. A. NALEN y, =,
(Seal,) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 20,13S.
V, A. Fritts. Appellant.

vs..
Joe Reidel ct al. Appellees-
Appeal from Sheridan County.
REVERSED.
Syllabus. BY the Court. Dawson, J.
l. Where defendant is permitted to
file an amended answer after his adver-
sary's motion for Judgment has been sus-
tanned. the granting of such permission is.
in effect, an informal setting aside of the
order sustaining the motion for judgment
. An answer pleading a defense to an
action a redelivery bond examined and
Inent.
5. Where the terms of a written redeliv-
cry bond are simple and easily understood.
and the defense sought to be made against
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 2O,4OS.
Nancy e. Taylor, Appellant,

No. 20, 40S.
Nancy e. Taylor, Appellant,
vs.
Otis LaPorte Thisler, Jr., Appellee.
Appeal from Dickinson County.
AFFIRMED.
Syllabus. BY the Court. Burch, J.
The proceedings examined. and held
that special findings of fact show that the
plaintiffs claim respecting the nature OF
the transaction out of which the action arose
was rejected by the jury, and the defend
ants claim was accepted; that the effect
matter made the basis of an assignment
of error and that they are conclusive upon
the rights of the parties.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16

No. 20,702
The State of Kansas, Appellee,
Ada Mccullough, Appellant.
Appeal from Sedgwick County.
division No. TwO.)
AFFIRMED.
Syllabus By the Court. Dawson, J.
1. Rule followed that an information
charging a criminal offense cannot be
quashed for mere formal defect which
does not prejudice the substantial rights
Of the defendant.
2. Rule followed that an information may
be amended during the trial on mere mat
tiers of form, at the discretion of the court,
when the rights of the defendant are not
prejudiced thereby.
3. In the text of an information the
prosecuting attorney gave his name and
official title, but at the conclusion of the
charge his official title alone appeared
and his signature was inadvertently
omitted: Held, the defect was one of form
and the Information could not be quashed
for such defect. and the county attorneys
signature could be supplied, with leave of
court, at any time during the trial.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 20,91O.
Fl. Binger, Appellee,

]. NJ. Read. doing business as The Topeka
Planning Mill Company, Appellant.
Appeal from Shawnee County.
SD. Second Division.
AFFIRMED.
Syllabus. BY the Court. Marshall J.
Under subdivision Oh of section 1896 of
the General Statutes of 1915, the triers of
fact must determine. a question of fact,
whether or not a guard provided for work
men by their employer, is reasonable and
proper
All the justices concurrng.
A true copy.
Attest: u. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
d. A. VALENTINE,
Clerk Supreme Court.
No. 20,91S.
L. ID. Hodge Appellee,


l.. ID. Hodge Appellee,
VS.
Warden Bishop and Flora Bishop.
Appellants.
Appeal from Reno County.
AFFIRMED.
Syllabus. By The Court. Marshall J
l. \ mandate from the supreme court
directing a trial court to adjudicate a
certain matter, does not direct that any
particular judgment be rendered
Judgment will not he reversed on
the ground that it is not supported by
or is contrary to, the findings, where the
Judgment is the only one that can be rem
dered consistent with the findings.
3. 1t is not reversible error to refuse to
permit n beated pleading to be filed
when the pleadings on file present all the
issues necessary for a complete determin-
alton of all matters in controversy.
1t is not error to refuse to set aside
a finding of a jury, where the finding is
supported by evidence.
All the Justices concurring.
A true copy.
Attest: ID. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
Attest: d. A VALENTINE,
(Seal.) Clerk Supreme Court.

No. 20,419.
Edward Thompson Company, Appellant,
Edgar Foster, Appellee,
Appeal from Finney County.
AFFIRMED.
Syllabus. By the Court. Mason, j.
1. A controversy regarding application
of payments held to be foreclosed by the
pleadings.
2 The record held not to present for
review any question with regard to the eff
feet upon n written contract of a contempt
raneous oral agreement.
3. An application for a new trial on the
ground of surprise held not to have been
supported by a sufficient showing of dill
gence.
All the Justices concurring.
A true copy.
Attest D. A VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
LEGAL.

tiff-s injury was the independent, un,e,
lated. criminal act of the INTRUDER, Wiz
used the door to gain admission TO ne
building.
All the Justices concurring.
Attest. d. A VALENTINE,
lSeai1 Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 20.922.
r. p. Cravens, ct al, Appellees,

NO. ZU,JZZ.
r. P. Cravens, ct al, Appellees,
VS..
Z. J. Putnam, Mayor. ct al, Appellants.
Appeal from Saline County
AFFIRMED.
Syllabus. By the Court Johnston C. J
The statute having prescribed what shall
constitute a taxing district in the matter Of
paving a street and also the mode of
making special assessments of private prop
erty to pay for the paving, it must be
closely followed, and a substantial de-
parture from the method prescribed by
the legislature will invalidate the assess
ment.
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 21,309.
A. Rohr, ct al, Appellants,

No. Il ,3U3.
A. Rohr, ct al, Appellants,
E. w. GRANGER, ct al. Appellees.
Appeal from Leavenworth County.
AFFIRMED.
Syllabus BY the Court. Marshall, J.
l. Under section 1887 of the General
Statutes of 1915, city of the first class
may contract for repaving a street, and in
the contract provide that a part of the
contract price shall be retained in the city
treasury as a guarantee that the contractor
will keep the pavement in repair for a
period Of fifteen years after its construc-
lion: and may provide that annually there
shall be paid to the contractor. to pay for
keeping the pavement in repair, a certain
portion of the amount retained.
. Section 1897 of the General Statutes of
1915, giving to cities of the first class the
powers named in section 1 of this syllabus,
is not unconstitutional.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE.
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
LEGAL.

officers of the bank in making and carrying
out the agreement were acting for the
bank and not for themselves individually.
All the justices concurring.
A true copy.
Attest: D. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
d. A. VALENTINE,
Clerk Supreme Court.

No. 20,6S1.
No. 20,6S2.
Hortense Patterson, Appellee.
George W. Patterson, Appellee,
The Uncle Sam Oil Company, Appellant.
Appeals from Sedgwick County.
division L.
REVERSED AND RENAMED.
Syllabus. By the Court Porter, J.
On the facts stated in the opinion, held.
that the trial court erred in overruling the
in the absence of defendants attorney,
and in denying a new trial, altho the alb
sence of defendants attorney at the time
of the trial was occasioned by his ncgli-
gence.
All the justices concurring.
A true copy.
Attest: D. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 81, 256.
ME Roberts, ct al,

No. Il ,Zjb
Fannie Roberts, ct al, Appelleee
Vs.
The City of Ottawa, Appellant
Appeal from Franklin County.
REVERSED.
Syllabus. BY the Court. Weat
A city in constructing a lateral sewep
while exercising its proprietary power. q
not engaged in an enterprise involving
any element OF gain or profit and therefore
is not within the terms or operation Of
Burch. J., Mason, J., Porter J., Marshall
J.. and Dawson, J., concurrfnR
Johnston, C. J., dissenting
A true copy.
Attest: ID. A. VALENTINE
(Seal-) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16
No. 2O.673
Ella Wallace, as Administrative, Etc, APP
pellant,

JOhn wallace, ct al, AppelIeeS-
Appeal from Harvey County.
AFFIRMED.
Syllabus. By the Court. Marshall. j.
1. An instruction that an endorsement
payee thereof, or with his knowledge or
consent, is evidence of such payment, is
not an instruction that the endorsement
is conclusive evidence OF payment, ana is
not SO misleading as to warrant the re,
versal of a Judgment based on general
finding that the payment was made as
shown by the endorsement.
2. The trial court correctly instructed
the jury as to the burden of proof con-
corning the endorsement of payments mace
on the note in controversy in this action.
testimony of an incompetent witness was
cured by striking out the testimony and
instructing the jury not to consider 1t.
4. witness, incompetent under section
800 of the Code OF Civil Procedure, may
testify to all matters in controversy which
did not concern any transaction or COM
munication had personally by the witness
with the deceased person.
8. witness, incompetent under section
800 of the Code of Civil Procedure, may
testify to the details of conversation
had by him with another witness who, In
behalf of the personal representative OF the
deceased person, has testified to the con-
versation, although in that conservation,
the incompetent witness detailed a trans
action had by him personally with the
deceased person.
6. The wife of a person incompetent to
the Code of Civil Procedure, may testify
to a conversation between her husband md
the deceased person. but in which she took
Z. The evidence, as shown by the alb
! stracts, has been examined, and though
conflicting, was sufficient to sustain the
verdict Of the jury.
All the Justices concurring.
Attest: d. A. VALENTINE,
(SeaL) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-06-16

No. 21113.
George Dondelinger, Appellee,
Sarah K. Dondelinger, Appellant
Appeal from Kingman County
AFFIRMED.
Syllabus. By the Court Bureh. g
The evidence considered, and held sur
ficient to sustain the judgment denying
a divorce to either party, and refusing 10
set aside a property agreement
All the Justices concurring.
A true copy. -
Attest: d. A VALENTINE.
(Seal) Clerk Supreme Court.