St. Paul daily globe., 1889-05-15

against Henry u. Sattler, begun before
Judge Kerr day before yesterday, Is still
ON trial.
City Of st. Paul, an action to determine
the boundary line to certain property,
was on trial before Judge Brill yester-
day afternoon.
so, l0l, 103, los and 1O6; court, l22. 70
sand N.
|, The case of Jeanne r. Lamprey
against Sherwood HOugh, an action to
,u,Quiet title to certain real estate In RAM
sey county, was on trial before Judge
iVilas.
NINE PRECEDENTS ESTABLISHED.
9 Nine decisions we're handed down by
] the supreme court yesterday:
z Ryan Drug company, appellant, VS..
4 Joseph Peacock, respondent. Judgment
affirmed. &,
, A. w. Henkle ct AL, appellants, VS..
? George w. Aldridge, respondent. Judg-
ment affirmed.
; Martin Kraemer, appellant, VS.. Ru-
tdOlph Deusterman, respondent. Order
affirmed.
Thomas J. Canney, appellant, VS..
! Henry f. Brown, respondent. Order
? affirmed.
) Fred G. Corser, appellant, VS.. Charles
I +. Kindred, respondent; an action in
in the plaintiff, and that the defendant
wrongfully withho1ds the premises.
The answer denies plaintiffs allegations
of title and alleges title in defendant.
On these pleadings the parties went to
trial. A decree enforcing a me-
chanic'S lien held incompetent to prove
the existence of the lien prior to the
date of the decree as against one hold.
ing mortgage prior to that date, who
was not a party to the action. Judg-
ment affirmed.
p. j. SmaTley, respondent. VS.. Ole
Isaacson. appellant. Order reversed.
Joseph G. Huffman, appellant, VS..
Charles A. Long, respondent. 't
Syllabus-In sale of property where it is
immaterial to the purchaser who the owner
is, il is not fraud upon him for the seller to
represent himself as agent for an undiscov
cred owner, when, in fact, he is himself the
owner. Order affirmed S-zgsssEt
THE CITY is LIABLE.
Samuel c. Ray, respondent, VS.. City
st. Paul deposited and permitted others
to deposit refuse matter in the MiSsis-
Sippi river close to and adjoining the
end of a public street, so that the deposit
appeared to be a prOlOngatiOn and part
OF the street, and the same was danger
GUS to any one stepping thereon. Held
that the city might be guilty of such
negligence in tine premises as to render
it liable to any one injured by stepping
OH the deposit. Plaintiff, without any
negligence in his supDOSing said deposit
to be a part of Sibley street, stepped
upon it, and by reason of it's dangerous
character was thrown down and his leg
broken. This court sustainS finding
that the city was liable for negligence
in not having sufficient railing along
the sidewalk. Order affirmed.
ALL HIS TROUBLE FOR NAUGHT.
In the case OF The Minnesota Land
Company, appellant, against Charles A.
Davis. respondent, the court reverseS
the order of the lower court. In this
case it is held that the certificate of the
secretary of the interior, provided by
section of the act of congress of July
Is, 1866. entitled IAN act relating to
lands granted to the state of Minnesota
to aid in constructing railroads" GER
'tifying to the state the lands granted to
it by the congressional land grant actOf
March 8, 1857, entitled ''An act extend
ing the time for the completion of GER
tain railroads in the states of Minnesota
and Iowa, and for other purposes" has
the force and effect of patent, and its
effect in passing the title to particular
lands cannot be questioned by one not
Interested. The action was one in eject
Inent.
ROUTINE.
Thomas j. Canney VS.. II. F. Brown; order
affirmed.
Charles Subke VS.. F. W. Eckes, Minneap-
oils Mill Company VS.. John Goodenow, and
Benjamin A. Mason VS.. E. A. Goodenow ct
al, were argued yesterday.