St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-05-26
H. Alden Smith and James o. Wyman

II. Alden SmlCh anu u am0S u. w ynan,
partners doing business under the name
and style of Smith & Wyman, respon-
dents, VS.. James j. Headley and Nelson
G. Thrall, appellant.
Syllabus-North Star Iron Works VS..
Strong, 81 N. w. Reports, 740, followed to
the effect that the designation in an ac-
count filed for mechanics lien of more
land than the party may be entitled to a
lien upon, does not yitiate the lien.
1t is not necessary in the account and af-
fidavit filed to preserve such a lien, to state
that the party claims a lien.
The failure of the register to record the
account and affidavit filed does not affect
the right to lien.
Where the lien is. claimed for materials
furnished and there is a sufficient general
designation OF description Of each article
the addition by way of more particular de-
scrlptiOn of letters or abreviations not COM
monty understood by persons not in the
business of furnishing such material does
not vitiate the account
IL GutZWiller VS.. Grove 10 N. w. reports
344, followed as to what in figures repre-
senting prices or values, sufficiently desig-
mated dollars and cents.
Evidence held sufficient to sustain the
findings of fact
Order affirmed. GILFILLAN, C. j.
Sylvester Kipp and Owen Kipp, appellants,
VS.. James Collins, respondent.
Syllabus omission from tax judg-
ment, entered on default of the recitals
that no answer has been filed and that more
than twenty days have elapsed since the
last publication of the list and notice,
,oI, hoe oil in, no form CiUQl1
by the statute, does not affect it's validity.
i The judgment raises a presumption OF
jurisdiction in the court which can be over
come only by proof that it had not jurisdic-
ton.
The delivery by the clerk to the county
auditor of certified copy of the tax Judg-
ment as provided in section 121, chapter l,
laws of 1874, was not essential to the audi
tors authority to sell. To sustain sale
under tax judgment it is not necessary to
show that the Judgment had not been paid.
-. A notice of sale under a Judgment pub
lished on the I'd and Sth of the month, for
a sale on the Goth, was under section 122,
chapter 1, laws 1874, sufficient notice.
Where publication of the notice is proved
it is presumed that the newspaper was one
of general circulation. 49,
" uQcI StCGlOIS LOO Ctuu ISf. CudptCl L,
laws 1874, as amended by sections % and
80, chapter 5, laws 1875, a certificate in the
form prescribed by section 1874, before the
amendment, for a case where the fee was
sold to the highest bidder, was good.
Z. Judgment affirmed.
GILFILLAN, G. j.
+. Berry, j., took no part in this decision.
Tobr d uodro rocpopdapt VIC. EdOor
Twitchell and Clara S. Twitehell, ap-
pellants.
Syllabus-H, T and r agreed to pur-
chase together real estate, each to pay one
third of the cost, and that when sold the
profits should be equally divided between
them. T called the attention of the others
ito lot offered for sale at So, 500 and adj
vised it's purchase. While they were con-
sldering it T Gland estinely agreed with the
seller that if he, T, procured a purchaser
for the remainder at so, 500 the seller would
for his services convey to him a certain part
of the lot. T thereupon falsely told II and
r that the designated part had been sold to
another person, but that the remainder
could still be purchased at 50, 500 and adj
vised it's purchase, and on his recommends
ton the purchase was made, each paying
one-third of the price, and such remainder
of the lot was conveyed to the three, and al
Ts request the seller conveyed the desig-
mated part to G for no consideration Othel
than the agreement between the seller
and T.
Held that G is to be regarded as holding
the said designated part Of the lot in trust
for II and r to the extent of their agreed
interest in the venture.
Order affirmed. GILFILLAN, @. j.
Berry, j., took no part in this decision.