St. Paul daily globe., 1888-05-23
MAX AND ADELE.
The Unhappy Se2eIbaum Family
soai, Refore the Courts

Again Before the Courts.
The old Segelbaum divorce suit came
to light again yesterday, and the attor-
news for the unfortunate Max and Adele
rehearsed TO the learned bench some of
the sorrows that have broken up the
family. Robertson 81 Baker appeared
for AIr. Segelbaum, and w. E. Hale for
his former wife. The troubles of the
family have been chestnut" III the
Minneapolis courts for three years.
Max sued for divorce on the ground
of deSerti0n. and Adele had sued for
bill on the ground of cruelty. The
lower court granted her bill and re-
fused his application. Mrs. Segelbaum
was also granted alimOny in consider
able sum. From both of these decisions
an appeal is taken and anew trial asked.
Among other grounds upon which the
new trial is asked, the attorneys for
Max held that the amount of allmOny
granted by the lower court was too
large, as their client was not worth as
much as set forth in the schedules pre-
Scribed in the lower court, and on which
the figures for alimony were based. His
attorneys also hold that the act of
Adele in locking herself in her own
room and refusing to occupy the same
bed as her husband was practical deSer-
ton and he should have been granted a
bill on this ground. The court took the
case under adviSement
4 DECISION.
The supreme court passed in one deci-
sion, signed by Judge Vanderburgh of
which the syllabus is as follows:
Il. E. Jewell, respondent, VS.. Henry
Truhn, appellant.
Syllabus-The county auditors certif-
cate that the time for redemption of
land sold for taxes has expired, is in
sufficient of itself to prove that the no
tice required by section 2, chapter II,
General Statutes 1878, has been duly
given by the holder of the certificate.
Under chapter rs, section 1918, the
bona tide occupant under color OF title
and fee Is entitled to an election to be
paid the value of his improvements as
condition of the recovery of the pos
session by a successful claimant,
unless tire latter make it ap-
pear that he had no notice,
actual or constructive, of the possession
of the former in time to disclose or as
sert his claim before the improvements
in question were made. The burden
rests on the claimant in the firstinstance
to bring himself within an exception in
order to entitle him to the election to sell
the land instead of reimburSing the Oc
cupant for his improvements. A general
finding that the occupant entered and
made improvements of specified value
is insufficient by itself to charge the
claimant with constructive notice
within the intent and meaning of the
act in question. The doctrine of con-
structiye notice as applied to this class
of cases considered. Judgment reversed
and new trial granted.
VANDERBURGH, j.
Yesterdays CASES.
The following business was disposed
of by the court yesterday:
The State of Minnesota, respondent,
VS.. Frederick Muller, appellant; ar
gued and submitted.
Northern Pacific Railway company, ap-
pellant; same.
DISTRICT COURT.
Before Judge Wilkin the following
cases are being tried together: George
E. Varville, George n. Gould and Han
nah Hanley, all against the city for
damages resulting from grading and
laying out streets.
lii the case of 9. E. Lindsey VS.. j. A.
SanSome ct al, the jury returned ver-
dict for the plaintiff for S12.75.
Before Judge Kelly, the case of the
st. CrOiX Lumber company VS.. Louis C.
WeddleStadt is still on trial.
The court cases set for to-day are
Orlo Rogers VS.. William K. CASTOR:
John Rogers. Jr., ct al, VS.. Andrew
Simpson; The National German-Amer-
lean Bank of st. Paul VS.. the City of
st. Paul.
In the ease of Martha Stutson VS..
Lizzie Konigsberg, Judge Simons has
issued an injunction restraining defend
ant from foreclosing mortgage on Ger
tain real estate.
Francis +. McIver has sued J. A.
Olson for Sl,2S5.S2 far goods sold and
delivered.
The jury yesterday found E. Nor
quist not guilty of grand larceny and he
was discharged from custody.
Henry Martin yesterday withdrew
his plea of not guilty of grand larceny
in the second degree and pleaded guilty
to petit larceny. He was sentenced to
three months in the workhouse.
The case of The State VS.. William
Pillow was taken up before Judge Brill
late yesterday afternoon. Some time
last winter gentleman lost a pocket
book containing $50 bill. The bill was
traced to Pillow and the remains of the
pocketboOk were found III his room. He
is charged with grand larceny in the