St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-10-06

denied and is a negative pregnant only
whore more specific denial would ..
Where without fraudulent intent goods or
thea same nature and value belonging &c
different owners ale mixed, if division
can be made of equal value, as in case OF 9
mixture OF grains of the same kind, quail
ity and value, then each owner may claim
his aliquot part of the whole mass. judy
ment of the district court and of the justice
reversed. MITCHELL, y.
Carl Peters, appellant, VS. The Town of
Fergus Falls, municipal corporation,
etc., respondent.
Syllabus-In the matter of opening and
working highways, the acts of the supervisors
within the general scope of the powers and
duties of the town. are the acts of their
town. So that II such acts cause damage to
adjacent lands for which private owner
would be liable, If caused by acts done by
him on his own land, the town is liable. Or
der reversed. GILFLLLAN, @. j.
The Farmers Loan and Trust Company. re-
spondent. against The Minneapolis Engine
and Machine Works, Samuel Il. Sineler, re-
ceiver of said Minneapolis Engine and
Machine Works, The Crawford Iron and
Steel Company, ct al, appellants.
Syllabus-The receiver of the property of q
CORPORATION, appointed under sections 8 aud
TO- chapter I6 General Statutes 1878, may
void q chattel morris age on the property OF
the corporation on the ground that it was
not fled as required by law. AS q general
rule, machinery to become part of the realty
must be physically attached to ii or be in or
binary understanding part of a building upon
it, as where the building is constructed wholly
or in part for the machinery, or the machin-
cry is constructed for the building or some
part of it aud is fitted into it. Approving
and following Wolford VS.. Baxter, SO Mimi,
IL. Conclusions of law vacated.
GILFILLAN, G. ].
UNITED STATES COURT.
The grand jury yesterday morning re-
turned into the United States district court
one indictment against James Stokes, alias
Francis Smith, charging him with passing
counterfeit money in Winona. The jury
also fled three informations against John
c. Graus, Jacob Hammer and Fred Renne-
rens, charging each with violating the
revenue laws. in not taking out license TO
sell liquor. The grand jury is still out.
DISTRICT COURT.
The trial of civil cases was begun in the
Ramsey county district court yesterday,
Judge Brill presiding. Most of the day
the attention of the court was occupied
with case involving the title to certain
land. The court also considered habeas
corpus case. Some time since John Cum
bingham, colored man, was placed in jail
at Minneapolis His wife. who is a white
woman, came to St. Paul. When John
reached St. Paul he started an investigation
to find out where his white wife was, and
discovered that she was in the House of the
Good Shepherd. He tried to get her out,
but failed. He therefore obtained writ
of habeas corpus, and had her brought be-
fore Judge Brill. VINO, after hearing the
case, released her.
None of the indictments have yet been
made public 1t is expected that some OF
the prisoners indicted will be arraigned
this morning. The case of Constantine
Roberts, who brought suit to recover
81, 600 damages to his house on the corner
of Eighth and Cedar streets, was dis
missed