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owner of a certain real estate mortgage (which in fact had been delivered by it to S., the purchaser of the note thereby secured, the note being assigned to S. and the mortgage not assigned), contested the right of a party who sought to enforce a mechanic's lien upon the mortgaged premises, alleging that it owned the said mortgage and note and praying that the mortgage be declared a first lien against the real property. The court found the mechanic's lien to be superior to that of the mortgage and ordered the premises sold to satisfy the claim of the lienholder. H. purchased the property at the sheriff's sale made in pursuance of such judgment, in good faith and without notice or knowledge of the assignment of the mortgage, receiving a sheriff's deed for the premises. Subsequently S., who had no knowledge of the aforesaid transaction until after the property was conveyed by the sheriff to S. and who had not authorized the investment company to appear or act for him in respect to the note and mortgage, sought to foreclose the latter, joining H. as a party defendant. Held, that a judgment for costs in favor of H. was not erroneous. All the Judges concurring. A true copy. Attest: W. O. CHAMPE. Clerk. [Seal.] In the Kansas Court of Appeals, Southern Department, Eastern Division. No. 305. H. W. Haldeman, plaintiff in error, vs. A. S. Johnson, receiver of the Farmers' Alliance Co-operative Association, defendant in error. Error from Crawford County. AFFIRMED. Syllabus. By the Court. Dennison, P. J. 1st. When a case is filed in the Supreme court or either of the Courts of Appeals and a summons issued thereon or a waiver thereof filed within one year after the rendition of the final order complained of, the action is commenced in time, although it is not sent to the proper court until after the year had expired. 2d. When there is no allegation in a pleading of the correctness of a verified account attached thereto, there can be no denial thereof, and the account is at issue under the general denial. 3d. The evidence carefully examined and no reversible error found in the admission or exclusion thereof. 4th. The trial court has authority to order a reduction of the verdict of a jury, when he thinks it excessive and to grant a new trial if the successful party refuses to accept such a reduction, unless it appears that the verdict was rendered under the influence of passion and prejudice. All the Judges concurring. A true copy. Attest: W. O. CHAMPE. Clerk. [Seal.] In the Kansas Court of Appeals, Southern Department, Eastern Division. No. 297. The Citizens Bank of Mound City, Kansas, and A. G. Seaman, its receiver, and the unsecured creditors of said bank, plaintiffs in error, vs. The State of Kansas, ex rel. Attorney General, and Milton F. Mitchell, defendants in error. Error from Linn County. REVERSED. Syllabus. Milton, J. By the Court. The rule declared in National Bank vs. Branch, as assignee of the Security Investment Company (57 Kan. 27), as governing proof of claims by, and dividends to creditors of an assigned corporate estate, where such creditors held notes negotiated and guaranteed by the corporation and secured by mortgages on real estate-that is, that dividends should be paid out upon the amount remaining unpaid upon such claims after such creditors should have exhausted their special liens is here held controlling in respect to the distribution of the estate of an insolvent banking corporation in the hands of a receiver, appointed under the provisions of the State banking law. All the Judges concurring. A true copy. W. O. CHAMPE. Attest: a Clerk. [Seal.] o In the Kansas Court of Appeals, Southern Department Eastern Division