davidaulloa/AmericanStories huggingface dataset:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 1870.
Adolph Kruse, Appellant,

VS..
j. f. Conklin. eft. al, AppelIees.
Appeal from Kiowa County
REVERSED.
Syllabus. By the Court. Marshall J.
sheriff's deed, executed under
Judgment foreclosing a mortgage on real
property, is prima facie evidence that the
plaintiff in the foreclosure action was the
owner and holder of the debt and mort
gage sued on in that action.
Johnston, c. T., Burch, J., Mason, j.,
West, j., and Dawson, J., concurring
Porter, j., dissenting.
A true copy.
Attest: D. A. VALENTINE.
lSeali Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 20.709.
c. w. dinners, Appellee,

c. w. dinners, Appellee,
vs..
Darius Rogers. ct. al, P. Hurt, Appellant.
Appeal from Neosho County.
MODIFIED.
Syllabus By the Court. West, J.
1. The tax deed relied on by the defend
ant fails to show the quantity of land
bid for by the purchaser as required by
Section 1852 of the General Statutes of
1915 and is therefore void.
quieted in the plaintiff without REIN
bursement to the tax deed holder.
All the Justices concurring.
Attest: d. A VALENTINE,
(Seal) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 20,707.
Joshua Butler, Appellee,


Joshua Butler, Appellee,
vs..
City of lola, Appellant.
Appeal from Allen County.
AFFIRMED.
Syllabus. BY the Court. Porter, J.
1. A city entered into a lease with plain
tiff by which it acquired the gas rights
to a tract of land and agreed to pay there
for an annual rental of $500. The lease
provided that it should remain in force
for the same length of time as another
lease covering gas rights to an adjoining
tract upon which the city was then. Oper-
ating gas wells Held, the lease is not
void on the ground that its duration is
indefinite and uncertain
p After making the annual payments
of rental for seven years the city, while
still operating gas wells on the adjoining
lands under the other lease. attempted to
cancel its lease with plaintiff by execut-
ing and recording a release thereof, and
refusing to make further payment of rent
ais. Held, the attempted cancellation was
of no effect, and so long as the lease re
mains in force the city cannot avoid its
liability hereunder on the ground that
the rights obtained are of no value.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
POOL AND BILLIARD TABLES

FOR SALE-Billiar tables. new. carrom
and pocket, with complete outfit. $iJ0.OU
second nand tables at reduced prices bowl
ing alley supplies: easy payments Cigar
store fixtures, Speciality. Send for eata-
logue. THE BRUNSWfCk-BAL COL
City, Mo.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
LEGAL.
published in The Topeka State journal
March IL. 1911
SUPREME COURT SYLLABI
No. 20.T41.
Clyde BuntOn, Appellee,


vs..
The Atchison, Topeka & Santa Fe Railway
Company, Appellant.
Appeal from Sedgwick County.
Division Number One.
REVERSED.
syllabus. BY the Court Dawson, j.
l. Where the jury finds that there is
nothing to Obstruet the view of a person
approaching n railway crossing, nothing
TO prevent him seeing a train for a quarter
OF mile or more, such finding in effect IS
an expression of the jury's disbelief of his
evidence that he looked and listened and
saw no train approaching.
Where person attempts to drive
an automobile over "A railroad crossing in
front OF fast speeding train which he
could nave seen approaching for distance
or quarter of mile or more, and the
crossing grade is muddy, steep and slip
perry, and has depression of three
inches between the rails. whereby his en-
CINE loses power and stops in the depres-
sion between the rails, and the train is then
so near that IL cannot be stopped in time
TO avoid a collision, such person is guilty
or contributory negligence which bars ms
recovery for damages Notwithstanding
the negligence of the railway company IN
maintaining the defective crossing.
All the Justices concurring-
true copy.
Attest: d. A. VALENTINE,
(Seal.) Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 20,I50.
Louisa Roseman, Appellant,

Louisa Roseman, Appellant,
VS..
Friedrich Nienaber, Appellee.
Appeal from Washington County.
REVERSED.
Syllabus. BY the Court Burch, j.
1. A deed from n father to son,
written agreement the part of the son
to pay annual sum to his father during
his fathers lifetime, and will of the
fathers property, real and personal, to MS
son. providing, however, that the daughter
should receive the sum of $500, which
was a part of the consideration for the
deed all the instruments having been ex-
ecuted at the same time and place, should
he considered as parts of a single trans
action.
.. Parol evidence ms to the true consid.
Grafton for the deed, as to the situation OF
tine parties. and as to the circumstances
under which the Instruments were eXecut-
cd was admissible.
:. The written Instruments construed
IN the light of the parOl evidence, and held
that the son under an obligation TO
pay the daughter the sum of $500 after
their fathers DEATH
All the Justices concurring.
\ true copy -
Attest: II. A. VALENTINE.
(Seatl Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
LEGAL.

entries were made in the regular course
of business and were admissible under
section 3S4 of the Civil Code.
g. Under the facts stated in the opinion,
the cause was an equitable one, and neither
party was entitled to jury
Ali the Justices concurring.
A true copy.
Attest: ID. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 20.751.
Charley Goeken, Appellant,

VS.
The Bank of Palmer, Appellee.
Appeal from Washington County.
REVERSED.
Syllabus. BY the Court. Mason, j.
A cause of action is stated by a petition
in an action against a bank for the amount
Of an unpaid check, in which the plalntiff
alleges that in pursuance of an arrange
ment with the bank stock buyer bought
live stock from him, giving his check on
the proceeds to meet the check.
All the Justices cOncurring.
A true copy.
Attest: ID. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 2O,432.
F. A. Jewell, Appellee,

No. 20, 432.
F. A. Jewell, Appellee,
W. T. Gam Appellant.
Appeal from Finney County.
AFFIRMED.
Syllabus. BY the Court Burch, J.
The plaintiff contracted with the owner
of land on which alfalfa was growing to
put up the hay for half. When the CON
tract was performed, title vested in the
plaintiff, and he owned half of each stack
of hay. as a tenant in common with the
land owner. The plaintiffs co-tenant could
not pass title to more than his share of
the hay, and the plaintiff could not re-
plevin his share from a person claiming it
by purchase from the plaintiffs co-tenant
All the Justices concurring.
A true copy.
Attest: D. A. VALENTINE,
(SeaI) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
LEGAL.
No. 20,471.
Gilbert johnson, Appellant,


VS..
Mennonite Mutual Fire Insurance Company,
a Corporation, Appellee.
Appeal from Greenwood County.
AFFIRMED.
Syllabus. BY the Court. West, J.
1. The evidence and findings show that
the minds of the parties never met and
hence no contract between them was ever
entered into.
The policy submitted to but not &C
day vacancy clause. The findings and evi-
dence indicate that this clause was violated
by leaving the property vacant for more
than thirty days, thereby avoiding the
policy had it been accepted.
All the Justices concurring.
A true copy.
Attest D. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
d. A. VALENTINE.
Clerk Supreme Court
No. 2O,734.
The Citizens National Bank of Eureka,
Appellant,

No. 2O,734.
The Citizens National Bank of Eureka,
Appellant,
Henry NJ. Williams, ct al, Ap9eIleeS-
Appeal from Greenwood County.
AFFIRMED.
Syllabus BY the Court. Mason. ].
Where a mortgage is executed by the
owner of land to secure a note payable
to the mortgage, and also to secure
note to another person who is not named
as a mortgage, and the condition of the
mortgage is stated to be the payment to
the mortgage of the entire indebtedness
secured, and the mortGagee is authorized
10 declare all the Indebtedness due in case
of default and to pay off any other in
cumbrances and add the amount to the
mortgage lien, the instrument is to be con-
strued as a mortgage to the mortgagee for
his own benefit, and trustee for the
other creditor, and Il recorded release exc
cuted by such mortgage, purporting to
effect fun discharge of the mortgage,
will protect a buyer, who has bought the
land in reliance thereon, against the claim
of the other creditor, although his note
has not in fact been paid to any one
All the Justices concurring.
A true copy.
Attest: u. A. VALENTINE.
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 20,906.
The State of Kansas, Appellee,

Leck Cowan, and Banty Mccullough, APP
pellants.
Appeal from Cherokee County.
AFFIRMED.
Syllabus. BY the Court. Johnston, c. J.
Evidence admissible to establish one phase
of a case and not of another may be re-
ceived and its application limited by the
court in its instructions to the jury to
the purpose for which it is competent. and
in the absence of the instructions it may
be assumed upon appeal that the court adj
vised the jury that the evidence was con-
fined to the purpose for which it was
competent.
All the Justices concurring
A true copy.
Attest: d. A. VALENTINE,
(SeaL) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17

No. 20494
Oakland School District No. " of Allen
County, Kansas, by its officer, VIM.
Schaneman. J. J. Squire and VIM.
Pickett; The Monarch Cement Company,
a corporation, and d. W. Beatty, APP
pellees,
vs.
The Board of Education of the City of
Humboldt, Allen County, Kansas; APP
pellant,
Vide NJ. Fetheringill, County Superintend-
emit; The Prairie Oil & Gas Company, a
Corporation, and, The Prairie Pipe Line
Company, a Corporation, Appellees.
Appeal from Allen County.
AFFIRMED.
Syllabus. BY the Court. West. j.
1. The evidence shows that the conclus-
ions of the trial court well sustained.
=. The first requisite for attaching ad-
Jacent territory to a city school district
(Gen. Stat 1915, s9129) is good faith and
a scheme to secure by the means shown in
the record signatures to "a petition, so as
to add to the taxable property of a city
school district is not compliance with, but
a perversion of the Statute.
All the Justices concurring.
A true copy.
Attest: d. A VALENTINE,
ISeal.I Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
d. A. VALENTINE,
Clerk Supreme Court.

No. 2O,723
Leo Fred Wyrick, a minor, by John G.
Wyrick, his next friend, Appellee,
The Kansas Electric Utilities Company, as
successor to The Parsons Railway q
Light Company, Appellant.
Appeal from Labette County.
AFFIRMED.
Syllabus. By the Court. Johnston, c. J.
months old, who was travelling diagonally
across the intersection Of two streets on
one of which Il street railroad was operat-
ed, was struck and injured by street car.
In the action to recover damages for the
injury the principal controversy was
whether the motorman could or should
to have stopped the car and avoided the
injury and it Is held that the evidence sus-
that the motorman failed to exercise rea-
sOnable care for the protection OF the
child.
1t is competent for a court to give
instructions upon any issue or theory of a
party which is within the pleadings and
which the evidence fairly tends to sup
port, although the evidence may not be
direct or strong and might be deemed to
be Inadequate by the court if it had been
the trier of the fact, and 1t Is herein held
that there evidence in this case to
Justify the court in giving an instruction
upon the theory of the plaintiff herein,
the question of whether the theory was
proven being left to the determination OF
8. II a verdict rests in part upon a
special finding which is set aside for lack
of support in the evidence new trial
should be granted, but if the finding set
aside is not essential to the support OF the
verdict. and the remaining findings anu
the evidence sustain the verdict, the set
ting aside of the finding does not require
the setting aside of the verdict nor the
granting of a new trial.
f. Another special finding as to the
negligence of the motorman is challenged
on the ground of a lack of evidence, nut
it is held to have sufficient support
All the Justices concurring.
Attest: D. A. VALENTINE,
CSealO Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17

No. 20,336.
George F. Burlington, ct al. Appellees,
George F. Wagner and Hattie Ellis,
Appellants.
Appeal from Morris County.
AFFIRMED.
Syllabus. By the Court Dawson J.
!. Evidence examined and held suffi-
Gent to sustain the findings of the trial
court that the grantor of instruments con-
veying his real property and assigning his
bank stock to defendants was mentally in
competent and incapable of making them
at the time of their execution and delivery.
2. THE heirs at law of one who has
been treated by physician may waive the
provisions of the statute making a ply
sician incompetent to testify to any knowl-
edge obtained in his professional capacity
from his patient" Eollowing Fish v.
Poorman, SIS Kan. 237, 23S, ZIG Pac. sos.
All the Justices coBcurring.
A true copy.
Attest D. A. VALENTINE,
(SeaI) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. ", l.iJ.
No. 2O.136.

No 20.I
No 20,136.
A. w. Parks, Appellant.
C. w Parks and Il. ID. Parks, Appellants,
The Atchison, Topeka and Santa Fe Rail-
way Company, Appellee.
Appeals from Greenwood County
AFFIRMED.
Syllabus. BY the Court Porter, ):
/ For reasons stated in the opinion an
objection to a question on cross-eXamlna-
tion is held to have been properly sus-
tanned. ,.
:. In an action founded upon negli-
gence where the jury find generally for the
plaintiff but in special finding declare
that the negligence Of the defendant con-
sisted of something not charged in the pc
tition it is the duty of the court to render
Judgment in defendants favor; SMeB set
Spinden v Railway Co., 30 Kan. 474, 14S
Pac. 747)
All the Justices concurring.
A true copy.
Attest; ID. A NALEN line
ISealI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
LEGAL
SENATE BILL NO. III.


Published in The Topeka State Journal,
March II, 1911
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 2O,725.
w. II. Incl, Appellant,


w. II. Incl, Appellant,
VS..
The Atchison, Topeka & Santa Fe Railway
Company, Appellee.
Appeal from Montgomery County.
AFFIRMED.
Syllabus. BY the Court. Mason, )
L In an action brought against rail-
road company on account of IN IN.
iuries received by the plaintlff
while attempting to board its. train,
alleged to have been caused by the
failure of an employee to use due care in
rendering him assistance on account OF ms
being cripple, held that a demurrer to
the evidence was properly sustained be-
cause the accident was not shown to have
been caused by any act or omission of the
employee.
of an objection to a question asked of
witness can not be reviewed where no
proof was made in the trial court as to
what the answer would have been.
All the Justices concurring.
A true cor.
Attest: D. A VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
No. 20.749.
Katie T. Pee, Appellant,

VS..
Alice Witt Appellee.
Appeal from Labette County.
AFFIRMED.
Syllabus by the Court. Johnston. c. j.
An appeal bond is essential to the grant
ing of an appeal from the decision of the
probate court and while n cash deposit
may be accepted as security with bond
there is no authority in the statute for the
acceptance Of u cash deposit as substitute
for IL bond.
All the justices concurring.
A true copy. .
Attest ID. A NALEN lin L,
ISeaiI Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17

NO.
W. ii. Robertson and NJ J. Robertson,
Appellants,
Ridenour-B Baker Grocery Company.
Appellee.
Appeal from Wyandotte County.
Division No. =.
AFFIRMED.
Syllabus. By the Court. Porter, J.
1 written order signed by the holder
of an insurance policy after a loss there
under has been sustained. which is ad-
dressed to the local agent of the insurance
company issuing the policy and which di-
reefs the payment of the loss to a third
party, is competent evidence of equit-
able assignment of the claim of the in
sured under such policy; and where 1T is
shown that the order was executed in
payment of a pre-eXisting Indebtedness
Of the insured. it will constitute an equit-
able assignment of his interest in the
policy
. A witness who shown to have
been in charge of the city credits of a
wholesale grocery company testified that
certain entries on the books of the COM
pany were made under his supervision
though not in his presence. Held, the
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
d. A. VALENTINE.
Clerk Supreme Court.
No. 2O,131.
Lydia L. yelling, Appellant.

NO. 2U,l1l
Lydia L. yelling, Appellant.
VS..
s. A. yelling. ct al, Appellees.
Appeal from Rocks County.
REVERSED.
Syllabus. By the Court. Bureh, J.
Rule applied that after lapse of the
term at which Judgment was rendered, the
district court has no power to change the
Judgment, except in accordance with the
provisions of the Civil Code.
All the Justices concurring.
A true copy -
Attest: II. A. VALENTINE,
(Seal) Clerk Supreme Court.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17
D. A. VALENTINE,
Clerk Supreme Court
No. 20.6S4. -

No. 206S4.
Rosa Bennett, Appellee,
vs.
Citizens State Bank of Sylvia, Appellant.
Appeal from Reno County.
AFFIRMED.
Syllabus By the Court. Porter, ].
L. Whether plaintiff was negligent in
stepping from sidewalk during the night
time into a basement stairway is ques-
ton of fact and not of law
> One who creates piuall or eXca-
Walton so near a public highway as to
endanger persons lawfully using the high
way is liable for an injury sustained by
one who without fault falls therein while
attempting to follow the highway.
All the Justices concurrinS.
Attest: D. A. VALENTINE.
[Seal.l Clerk Supreme Court
No. 2o151
Willis Harper and Charles Whitaker,
name and style of Pittsburg Produce
Fruit Company, Appeiiees'
Earl Fruit Company. Appellant
Appeal from Crawford County.
REVERSED.
Syllabus. BY the Court. Burch. J.
1. On sale of a carload of fruit sub
ject to inspection and acceptance, if ac-
implied warranty that the fruit was in
good condition and merchantable, and the
full price must be paid.
>. Oral negotiations between a buyer
spection and the Sellers agent. consid-
cred, and held to contain no agreement on
the part of the agent for allowance
to the buyer of any sum on account of
| spoiled fruit.
! All the Justices concurring.
| Attest D. A VALENTINE.
| [SealJ Clerk Supreme Court
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17

BY e. A. CORNELL
Asst. Secretary of State.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-03-17

No. 20.726.
w II. Robertson and NJ. j. Robertson,
Appellants,
The Bridgeport evening farmer., 1917-11-26

have pointed out, incomp1etely ex-
press their loyalty without Liberty
chorus.
A great number of voices are being
sought today to preclude the speech
Of President Winter at the hall to-
morrow night with patriotic songs.
In addition the Coast Artillery band
which has been engaged has been or
dered to make patriotism the key
note of the street parade which will
form in front Of The Stratfield, march
around State, Broad and Gilbert
streets and escort President Winter
to Eagles hall.
The assembly room, which will con-
tain nearly 1000 seats, is also being
decorated in the national colors.
Among the speakers who will stand
beneath a, canopy Of draped American
flags will be Daniel J. O'Connor state
president of the Eagles; John J. Kee-
gan, president of the local aerie, and
Henry 3. Shannon, first president OF
the Bridgeport aerie. Mayor Clifford
B. Wilson will deliver the address of
welcome and extend the freedom of
the city to the guest.
The Bridgeport evening farmer., 1917-11-26
To Avoid Rough, Coarse,
Chapped, Blotchy Skin

Most skins require constant groom
ing at this season to keep them from
becoming unduly red, blotchy, coarse,
rough or harsh, or if such condition
has developed, to overcome it. In such
cases it is particularly inadvisable to
keep piling on cosmetics which clog
the pores and make the complexion
worse than ever.
It's lot more sensible to use erdi-
nary mercolized wax, which literally
absorbs a spoiled complexion. Apply
the wax, like cold cream, before re-
firing. Next morning, in washing it
off, you'll wash away fine, fiour-1ike
particles of the unsight1y cutic1e. Re-
peat for a week or more and you'll
have an entirely new skin-soft, white,
spetless and beautiful as a child's. One
ounce of merceliZed wax, procurable
at any druggists, is all you'll need-
Adv.
The Bridgeport evening farmer., 1917-11-26
CLAIMS AGAINST
FATHERS ESTATE

Further testimony in the hearing
before commission of the claim of
Julius Tesiny against the estate of his
father, George Tesiny, was taken at
the county court building this morn
ing before James A. Mari and r. H.
Gould, commissioner appointed by the
probate court to pass upon the claim.
Tesiny claims to have loaned his faith
er about $500, which he says has not
been repaid. The claim is disputed
by the other heirs of the estate