Daily globe., 1878-04-08
SUPREME COURT.
DECISIONS OF CASES FILED SdTUI:-
DAY.

John }. Knox, appellant, VS.. Elizabeth G. Ran
DALI John II. Randall, E. D. X. Randall,
Mary E. Bergman, heirs at law of William II.
Randall deceased; Joseph NJ. Marshall, Will
liam F. Davidson, H. r. Brill, administrator
of the estate of Ira Bidwell, deceased; Loren
Allis and Mary C. Allis, his wife, Newton
Bradley, Russell Blakely, John NJ Arm
strong, Lucy C. Booth, Reuben Fl. Booth,
her husband, Edwin s. Beck, The City of st.
Paul. Thomas McArdle, William Constans,
Timothy Delaney, James G. Donnclly. John
Donahue, William Eilers, John Egan, Louis
Engles, Erastus S. Edgerton, Sarah r. Flagg,
James Flanagan, Thomas Fox, William
Golcher, George B. Hunt, Charles 8. Hunt,
Mary Hunt, heirs at law of Charles Hunt,
deceased; Harlan P. Hall, Jacob Heck,
David Kent, Mary A. Kidder and Jefferson
P. Kidder, her husband John Kelley, Israel
&. Lash, Edward Langevin, Robert P.
Lewis, Samuel Mayall; James w. Nayall
John Mayall, Mary s. Mayall, Alphonso Mar
tin, Lucien B, Martin, Ellen M. Mackubin,
guardian Of Ellen Mackubin., Mary Fay Mac
kubin, Catharine Mackubin, Florence Mac
kubin, and Charles Carroll Mackubin, heirs
at-law of Charles Mackubin deceased; John
Nichell, jerome Nichols, administrator of
the estate of Munroe Nichols, deceased Ed
ward Nichols, Timothy Reardon, August
Bolet, Frank Roberts, Casper Reinhart, Louis
Roberts, Christopher Richter. William Schol-
ter. Casper sauer, Anton Springer, Oswald
Steinheim. Tohn A. Stees. Johan SCHNEIDER,
Washing =. M. Stees, Orlando B. Turrell
trustees of Jackson street NJ. +. Church;
John F. Witt, Phamelia S. Williams, John
Wann, William Dawson, Ovid Pinney, Berg
hart Dangers, George M. Hunt, Elias A.
Owans, Thomas FL. Gilbert, James Farrell,
King Arthur Connolly, John Sullivan, Pat
rick Bowland, Hugh McGrann, Archibald
S. Crowley, Daniel A. Robertson, Finley Nc
Cormick, Jane A. Shelly, William H. Shelly,
Caleb Morgan, Peter Berkey, Emery A. Will
der, Richard F. Stevens. John E. Warren,
Carroll, Charles A. Mann, d. A. j. Baker,
Joel E. Whitney, U. l.. Lamprey, John G.
Raguet and A. J. Preston, partners j.. G.
Racquet & Co.; David Mullen, Thomas Grace.
Frederick Heckern, A. H. Wilder, Charming
Seabu-y, Alfred Varenne, r. & J.. NJ. Warner,
James g. Caldwell, John H. Morrison, Board
of County Commissioners for Ramsey
Respondents.
Marshall VS.. Kart, MINI. $50, followed in
holding certain judgment (known as the Kart
judgment) and the lien thereof to be valid.
A judgment creditor may employ new at
torney to enforce his judgment without any
formal substitution or notice.
Under the practice prevailing in 1859, dis
trict court in making order directing the
issue Of an execution passed upon all ques.
tions, the determination of which was neces.
sary to the proper disposition of the motion fol
such issuance, including the question of its
own jurisdiction, to entertain the motion fol
such issuance, the question of the authority OF
fha Ii bo +<,r 10 ~
to give notice of it, and the question whether
the judgment was paid or not Though
formal levy was not necessary to valid levy
upon real estate, it was regularly proper as
step in the regular execution of a writ of exc
cution under the law as it stood in the public
statutes, it follows that a sheriff hold
ing writ of execution who had mad
such formal levy upon real estate, hat
commenced the execution of his writ
Having thus commenced the execution o
the writ the sheriff was authorized to go OF
and complete it by sale after the return day
The effect of an injunction of an execution
SALE is to stop the proceedings upon the exc
cution where they are. Bnt such injunction
does not operate to kill the execution, or t
destroy or impair levy made under it. 1t is
therefore, competent for the sheriff holdin
such writ of execution. to go on after the dis
solution of injunction, and even after the ez
piration of his term of office, and complete tn
proceedings commenced by him.
r. being indebted to sundry persons mad
separate notes for the sum due each respe,
lively. The notes ran to M. to whom as tru
tee, r. also executed mortgage of real estat
to secure said notes, M. turned over to each
RS said creditors note corresponding
amount to the sum due such creditor. III
mortgaged property consisting of several pa
GELS of land, was subject to the paramount lie
of a Judgment in satisfaction of which most
the mortgaged property was sold upon exec
tion. Four several holders of RS notes, afor
said and cestui Qu trusts of the mortga,
purchased of the purchaser at II
Judgment sale his rightsin sundry specif.
lots and parcels of the lands sold at the exec
tion sale, and took assignments Of such right
No redemption having been made, said pa
GELS SO purchased were conveyed by sheriff
deeds to said four persons respectively or the
assigns. These purchases were made and q
signments taken by each of said four perso
severally. In taking the assignments they d
not act under or in pursuance Of any mutu
agreement, but each one bought as he himst
thought proper. in order to secure his own i
terest in the notes and mortgage. The plai
tiff, holder of some of the notes, and thereto
a cestui q,t5 trust in the mortgage, and the
under whom he claims knew Of the purch,
es aforesaid at or shortly after the til
when they were made, between March lst a
September LIST, 1861. Prior to
commencement of this action, nei
er the plaintiffs nor tn,
through whom he claims ever made any cla
to the purchasers (the four persons aforesai
or to any or either of them, that these s.
purchases enured to the benefit of all the ov
ers of the notes aforesaid, or to the benefit
the plaintiff or those under whom
claims; nor did he or they claim any inter
in the land embraced in said purchases, ]
ever offer to contribute or refund his or tn
proportion or any proportion Of the mon
expended in making such purchases or any
of the same, ever made any demand Of S
purchasers or either of them, to be allowed
come in and share the benefits of said p
chases upon making contribution or otherw
This action, in which the plaintiff seeks
be permitted to come in and sh