Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-03-13
GLOBE WEDNESDAY MORNING. MARCH 49, 1878

GENTLY estab1ishcd.s That possession would in
the absence of proof to the contrary be pre-
sumed to continue The evidence to
which We have referred certainly tends very
strongly to chow that itnever was abandoned
or rclinquished. It IS true there was evidences
showing that between three and four weeks
after he took possession of the cigars Mann left
Tuchelt & Co. semploy, and went to Milwaukee
where his parents resided and where he remsln-
ed for about FIVE weeks, but it does not appear
that it was not his intention to return, or that he
intended to give up possession of the cigars.
On the contrary, it appears that he returned to
st. Paul to look after them, and that after such
return he took an inventory of them, notified
the plaintiff that he held them in pledge, for
bade him to soil them and took legal proceed
ings to protect Parker, Holmes q Co. and him
self as respected them.
We are therefore, upon an examination Of the
settled case, well satisfied that there was evil
dence reasonably tending to show that
Mann both received and retained
possession of the cigars under the contract of
pledge, and that the court was therefore justi-
fed in so finding.
The plaintiff makes the point, that, the cigars
being unstamped, no such control of them
could be given by Tuchelt & Co. to another, as
would satisfy the conditions necessary to con-
stitute pledge and he refers to section 1887,
8, 406, Revised Statutes Of the United States.
AS we read the sections cited, they require
cigars manufactured and sold, or removed for
consumption and use, to be stamped. The trans
action between Tuchelt & Co. and Parker,
Holmes Il Co., fell within neither Of these cate
gories. Even If there had been sale, we pre-
sumo that it would not have been invalid, if,
az in this case it was contemplated as a part of
the transaction, that the cigars. should be
stamped before removal. Strauss VS.. Menzen-
heimer, 70 ILL.,, 493. In the view which we take
of the suficiency of the evidence to establish a
valid and complete contract of pledge, we
4 L.
positions taken by the counsel for the plaintiff.
The order denying new trial ID affirmed
BERRY, J.
John J. Labor, Respondent, u.s. jeremiah c. dc.
Cartly. ANDREW J. Preston, administrator Of
the estate Of Jolt, G. Ray,,et, deceased Emma
C. Raynet, John II. Raynet, And,e,p J. Pres.
ton, John Wann, Patrick Nash, and the Min.
nesota Savings Association, appellant.
SYLLABUS.
IT. in consequence of the improper manner
in which a sale is conducted upon the foreclos-
ure of a mortgage by advertisement, the price
at which the property is bid in is grossly made
quate and grossly below what it ought to bring,
the sale is grossly unfair. And if the mort
gagor, or those interested in attacking such a
sale, have not assented to it or by laches olsen
titled themselves to relief, q court Of equity
is justified in setting aside the sale
at least in case which the property has been
bid in by the holders of tho mortgage and is
held by them or by persons who have no greater
rights or equities. The mortgage foreclosed
covered lands described rs three parcels. The
sale of the first and second parcels was grossly
unfair and the price received for them grossly
inadequate, because they were improperly sold
separately and not as one parcel. The sale of