The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-02-26
Recent Decision Of Cases In tho
Supreme Court.
GpuBIlsHED BIZ AuTHoRIrY.1
Oliver P. Chandler, Respondent vs.. John Kent
Appellant. t

Z 4 >
Oliver P. Chandler, Respondent vs.. John Kent
Appellant.
SYLLABUS.
The Statute does not require leases for q
term not exceeding three years to be executed
in the presence of witnesses.
In an action under the Statute cOncering
forcible entries and unlawful detainers by o
landlord to recover the possession of leased
premises, on allegation that the plaintiff leas-
ed the premises of which restitution is asked,
to the defendant, is not sustained by the mere
production of lease in which the plaintiff
leases his interest only in said premises.
Joseph Van Eman, plaintiff in error VS.. Stanch-
field & Brown and John Dudley, defendants
in error
SYLLABUS.
Written instruments used on the trial of an
action, which make use of no language out of
the ordinary Specification, and contain no tech
nical terms or terms of art requiring explana-
ton by extrinsic evidence, should be interpret
ed and construed by the court, and it is error
to leave such Interpretation or construction
to the jury.
Where a bill of sale contained the following
clause, without punctuation OF any kind, viz:
'sI do hereby sell assign transfer and set over
and convey to all the logs belonging to me
in the Mississippi River and along the shores
thereof and also in bOoms above the Falls
of St. Anthony of the following marks viz
manning them containing one million feet
more or less" Held, that as the
whole constituted but one sentence, and the
words, land also in bOoms above the Falls of
st. Anthony" were in no way separated or dis
tinguished from the words preceding or follow
ing them, they qualify all the logs sold and
limit the sale to such as were above the Falls
of st. Anthony.
John c. Gray and Elizabeth Gray his wife, Re-
spondents, vs.. James B. Stockton, Appellant
SYLLABUS.
In action for breech of covenants of seizng
and warranty, s., the grantor, admitted the
making of the deed to E. G., the grantee there
in named, but alleged that the same was exc
cuted for the use, benefit, and behOof of her
husband. In the absence Of any allegations of
fraud, mistake, accident, held, that the
grantOr was estopped from claiming that the
conveyance was for the use and benefit of any
other party than the grantee named in the deed.
Where the grantor claimed under party
who had undertaken to pre-empt the premises,
and had received a duplicate therefor, but
whose entry was afterwards cancelled by the
Department at Washington, held, that all par
ties who purchase from q pre-emptOr prior to
the consummatiOn of the entry, take subject to
the power of the upper office to conform or
cancel the entry that existed, in relation to the
original purchaser
Oliver p. Chandler, Palaintiff in Error VS..
John Rent, Defendant in Error
SYLLABUS.
Where an action is brought under section II,
page 651 of the Compiled Statutes to recover
possession of land for nom payment of rent and
taxes bya tenant, and the answer admits Ser
vice of the demand in writing, required by the
state, the plaintiff may rely upon such admis-
sion, and need not prove the same on the trial.
Cyrus Aldrich, Respondent, vs. The Press
Printing Company, Appellant
SYLLABUS.
An action Of libel may be maintained against
corporation aggregate.
Libelous matter published against candi-
date for public office is not privileged COM
municatiOn