St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-05-11
THOUGHT HE OWNED 1T.

Steele.
THOUGHT HE OWNED 1T.
The Supreme Court Grants a New
Trial in the Schram-HauptR Real
Estate Case.
The case of Margaret Schramm against
Herman Haupt was decided in the SUI
preme court yesterday. Mrs. Schramm
prosecuted the action for the purpose of
having a deed cancelled which she
made to Haupt in March, 1886. The
fact, as told in her complaint, are that
Haupt fraudulently procured the ex-
ecution of the deed, specifically that
Haupt fraudulently represented HIM
self as the owner of the land, having
acquired tax title thereto, and
that to save her property it was
necessary for her to execute certain
written agreement, the contents of
which were not explained to her, but
which she was led to believe provided
by its terms the Immediate payment to
her OF $1,000; and that intending to eX-
eeute such an agreement she, in fact,
executed, as she has since discovered,
the deed in question, conveying the
land to Haupt. She is unable to read
speak or understand it. The court
found the allegations true, except that
Haupt did believe he was the owner of
the property by virtue of certain tax
proceedings. 1t is further found that
there was no consideration for the
deed. The syllabus follows:
Evidence held to be insufficient to
justify the findings of the court that
the execution of deed of conveyance
by the plaintiff had been fraudulently
procured by inducing the belief on her
part that she was executing different
instrument. The order denying a new
trial must be reversed.
DICKINSON. j. s
handed down by the supreme courtyes
terday:
A. NJ. Knight eft al, respondents, VS..
EnoS S. Alexander, appellant.
plaintiff having possession of land
may maintain an action to determine
an adverse claim without other proof of
his interest therein. A resolution of
the board of county commissioners
designating the Enterprise as a news
paper for the publication of a delin-
quent tax list had sufficient designa-
ton of the Glencoe Enterprise, that
being the only newspaper bearing that
name published in the county. This
description in published delinquent
tax list: "N19 NE4 seq, NEA NE4
of NW19, section %, township ia,
GENTLY describe the NJ of the NE4,
the SEA of the NE1l, and the NE4 of
the NW4 of that section. An erron-
eouS published description which is
calculated to miSlead is Insufficient to
constitute notice, and no jurisdiction is
thereby acquired to enter Judgment.
Judgment affirmed. DICKINSON. j.
The First National Bank of Winona,
appellant, VS.. John j. Randall ct al,
Spondent-SyllabuS:
A defendant who has answered in the
action may move to yacate writ of at
tachment, so long as the answer stands
undisposed of, although the answer
may be deemed insufficient. Such
motion may be made before any levy
has been made under the writ. An in
solvent debtor, who has made general
assignment under or statute for the
benefit of creditors. has such a raVer-
Si0nafy Interest i'll the assigned estate
that he may move to vacate a writ of
attachment, issued upon alleged ground
of fraud. The case shown by atfidavits
in opposition thereto considered to be
such as might reasonably lead different
minds to opposite conclusions as to the
fact in question, and their being no
clear prep0nderance of proof opposed
TO the decision of the court below, it
should not be reversed. Order affirmed.
DICKINSON, j.
YESTERDAYS BUSINESS.
The following cases were argued and
submitted to the supreme court yeSter-
day:
John P. Libby, appellant, VS.. The
Board of County Commissioners of Anoka
county, respondent.
p. +. Pratt, appellant, VS.. p. A. Du-
cey respondent.
In the case of Thomas Coleman. Sc
spondent, VS.. The st. Paul, Minneapo-
lis IL Manitoba Railway company, APP
peilant, the appeal was dismissed.
DISTRICT COURT NOTES.
Judge Wilkin is engaged on the case
of George Camden VS.. Timothy Holland.
an action to recover 500 on real estate
purchase.
The jury in the case of Dumas VS.. C.
La Chance, before Judge Wilkin, gave
Dumas a verdict of S64.
The case of Brodericll VS.. Beaupre,
Keogh 81 Co. is on trial before Judge
Kelly. Broderick was at one time, he
claims, one of the partners of the firm,
and sues for the recovery of $4,000, his
share of the profits, which he claims
was improperly and puTposely con-
cealed and held back from him.
UNITED STATES COURT.
In the case of George }. Charleston,
the Canadian forger, Judge Nelson yes
terday discharged the writ of habeas
corpus and fixed the prisoners bail at
5000, and adjourned the hearing until
June 3. Chief of Provincial Detectives
Murray returned to Toronto last even
ing.
The grand jury has adjourned until
Monday morning at 10 o'clock.