Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-04-14
District Court.
WEEKLY SPECIAL TERM.

"EEhLf SPEClAL IERM
Before Judge Brill.
s. B. Trip VS.. A. S. Munger; order to appear
and testify. Stricken off.
File No. l0,086. In the matter OF the assign
ment of r. j. Dugan; application for discharge
of assignee. Heard, and submitted.
The State of Wisconsin VS.. Louis E. Torinus.
Submitted on briefs.
Hammer, Lichtenauer & Co. VS.. Foss & Sevat-
son. Motion to change venue granted.
File No. II, ITO. Augusta Funk VS. Chas A.
B. Weide, ct al; motion for judgment submit
ted.
File No. 10, 697 Mary A. Weld VS.. Robert P.
Lewis ct al; motion to confirm sheriff's report
of sale heard, and granted.
File No. 8, 1856. VIM. FL. Braden, as admins
traitor, ETC., VS.. r. l.. Wharton ct al. motion
for final decree heard, and granted.
File No. 10, 1856. r. B. Nelson, plaintiff, VS..
the First Division of the ST. Paul & Pacific
railroad company, defendant, and Horace
Thompson, ct al, garnishee; motion for judg-
ment against garnishee heard, and granted
File No. lO,4S5. VIM. Welsh VS.. the st. Paul
& Pacific railroad company; motion for sub
stitution Of plaintiffs. Held, and granted
G. P, file No. 2. O92. Horace THOMPSON ct
al. trustees VS.. the First Division of the st.
Paul g. Pacific railroad company; action to
foreclose mortgage for SO, 100000; separate de-
murrers of Wells. ct al. trustees, Geo. l..
Becher; and the First Division. Continued for
two weeks.
File No. $685. Edmund Rice, ct al. trus-
tees, vs.. the ST. Paul q Pacific railroad, ct al.
action to foreclose mortgage of 81 100000;
separate demuners of Geo. l.. Becker and the
First Division of the st. Paul & Pacific railroad
| company to complaint. Continued for two
| weeks.
G. p, File No 226S Horace Thompson, ct
al trustees, VS.. the St. Paul & Pacific railroad
| company, ct al; action to foreclose mortgage
for So, SOC, 600; separate demurrers of Geo. l..
| Becker and the First Division of the st. Paul <
Pacific railroad company. Continued for two
! weeks.
| c.. p, file No. 2,269. Horace Thompson, et
al, trustees, VS.. the First Division OF the st.
Paul & Pacific railroad company, ct al. action
to foreclose mortgage for $6,0OO,00O; separate
demurrers by Wells ct al, Becker, and the
First Division of the st. Paul & Pacific railroad
company. Continued for two weeks.
File No. S41. T. Reardon ct al. VS. John
Butler Co.; motion for final decree and dis
tribution. To be heard by Judge Simons.
File No. 11,028, Maggie Konefck VS.. 3.
Baker; motion for appointment of receiver
| heard, and granted.
File No. 1884. Caroline Coleman VS.. AL
bert Armstrong ct al, administrators; settle
ment Of DEGREES to be heard by Judge Simons
| Donatius Kettner VS.. Geo. Gruber; motion tc
stay proceedings. Order made by consent OF
plaintiff, without costs.
File No. II, l2l. D. K. Barnum VS.. John g.
Bassen ct al; motion for decree of foreclosure
| Submitted.
File No. 1000. Harriet RAISING VS.. George
| r. circuit ct al; motion for judgment. Heard
and taken under advsement.
File No. 9868. b. r. Brill, administrator
vs. John r. Oliver; motion for final decree
To be heard by Judge Simons.
File No. 10 S08. Jane Craig Gates A,
Johnson ct al. motion to confirm sheriff IS re
port of sale. Heard, and granted.
File No. 10,823. John +. Hoyt VS.. Henry c.
! James, administrator of the estate Of JOIN
Graham. Heard, and decree of foreclosure
made.
File No. 1881. John F. Hoyt VS.. Henry c.
James, administrator of the estate of Edward
B. Bennett. Submitted, and taken under ad
visement.
s. E. Reed VS.. The Commercial Assurance
| company. Motion to to the United
States courts heard and granted.
Peter Berkey vs.. Delano, McKusck & Co
Heard, submitted and taken under advise
ment.
| DECISIONS FILED.
Before Judge Wilkin.
File No. TAG. B. F. Simmons VS.. Mont om
cry & Barney. The defendant, Montgomery, en-
| titled to judgment, declaring and adjudgint
| the copartnershlp dissolved, and that he re
cover Judgment against plaintiff for So, OS0.7l
| and costs.
File No. 10000. Russell Blakely VS.. LeDue
& Smith. This action arose out of the de
PENDANT, VIM. G. LeDuc, owing the plaintiff I
| certain sum of money, for which judgment
was obtained and execution was issued. LII
| Due had conveyed to the second defendant
| Franklin R. Smith, a certain piece of property
| in trust for Mrs. LeDuc, Smith giving to Mrs
| LeDuc, at the same time instrument where.
| in he stated the nature of the trust. This in
| stument was never recorded. The court finds
that the conveyance sby LeDuc to Smith was
merely of the nature of mortgage, and thai
the unrecorded instrument given to Mrs. LIZ
DUO is null and void. The execution, there
FORE Of the plaintiff is valid lien upon the
| real estate at issue.