St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-03-26

derburgh yesterday rendered the decis-
ion of the higher court. BY it the de-
cisiOn of the lower court is affirmed.
The court holds that appellants deed
being defective in the description was
not constructive notice to the parties
that bought the land second time.
Galpin was at fault in not examining
and correcting the description. in the
deed, and where one of two innocent
parties must suffer, the loss ought
justly to fall Oh the one whose error led
to it.
W. W. Townshend, appellant, VS.. R.
3: Goodfellow ct al. respondent. Order
affirmed. VANDERBU RGH. j.
DISTRICT COURT DIGEST.
All the judges of the district court
except Judge Villas retired early yes
terday afternoon. Judge Kelly was
sitting while the Andrew Saf0r jury
were being impaneled. Safor is one
of the six Polanders charged with the
murder of Frank KohOut, the "BOhe-
milan bull" on the night of Dec. 10. This
having disagreed at the former trial.
After an examination of fOrty-two tales
men, six jurors were sworn, when the
court adjourned at O'Clock. The fol-
lowing took their seats as jurors: FL.
l.. Gray, John Collins, Milton McLain,
j. II. Bedbury, Waiter K. Newport and
Nicholas Henkel. Judge Villas was
hearing the case before him on Satur-
day.
A special venire of fifty jurors was
issued yesterday afternoon, returnable
into Judge Kelly's court at 10 O'Clock
this morning.
The following new cases were filed
and orders and decisions handed down
In the case of j. B. Canter ct al. VS..
Gregg. Beck & Co., in which William o.
Erickson was garniShee, Judge Kerr Or
dered Judgment of Sl62.59 for plaintiff.
Walter Nelson sues John Comes ct al.
to recover S47.21 ON building contract.
John r. Warner filed a garnishee suit
against III. g. Hicks, garnisheeing the
Union Stock Yards bank.
In the case of Charles McLain VS..
Clarence McLain ct al, Judge Kerr Or
ders judgment for the plaintiff and that
the description of the lands mentioned
and described in Il certain agreement be
reformed so as to read: Lots 1 and 2,
block 2, Benson'S Encouragement of
Clarence M. McLain and wife be barred
and fOreclOsed of all right, title and
equity of redemption in said premises,
and the said Oscar M. Metcalf, as as
signee Of G. M. McLain, insolvent, be
directed and authorized to make and de-
liver to such plaintiff deed of release
of his title as such assignee in said
premises upon the filing by such plaint-
if with him release upon his proof of
claim aforesaid to the sum of $4,000.
In the case of Charlotte ElwesS VS..
Richard Elwess, proposed action for
divorce, Judge Brill ordered defendant
to pay the plaintiff S25 as attorney fees
to prosecute with, and S12 per month as
alimony for her support during the
pending of the action; to pay the anne
on the second Saturday of each month,
beginning March IA, until the further
order of the court.
In the cases of Thomas Cochran Jr.
ct al. VS.. Warren F.Reaser, it is ordered
that defendants motion to set aside
the service upon him by the summons
and complaint in the above-entitled ac-
ton is granted, and the order to show
cause issued herein on March IS, 1889,
is made absolute.
William Neal sues FL. Dorum for
S64S.55 on promisOry note and gar
nishees Silva Swenson.
Nathaniel P. Langford sues Herman
Munich on note of $3.50.
IN UNCLE SANS DOMAIN.
In the United States circuit court,
Horace G. Stevens and Herbert W.
Stevens sue John and Margaret Kinney
to recover possession and immediate
restitution Of lot 5, block 81, William st.
AnthOny'S addition to Hennepin county.
The property is valued at $4,000.
All is quiet about the federal build
ing, the court not being in session. The
United States circuit court convenes on
April ~, Judge Nelson presiding.
United States Marshal Campbell left
for Window yesterday morning to az
rest man named Kavoorick, who is
charged with opening letter that was
addressed to former fiancee, which he
called for at the postoffice at Window.
Kavoorick is a telegraph operator at
Bingham Lake, Mimi, and it is said
that he procured marriage license
Few days ago in the name of himself
and Miss Richmond, school teacher in
the neighborhood of the village
named. For some reason the
marriage was not sOlemniZed,
and day or two ago the young man
called at the Windsor postoffice, and,
asking for letters addressed to Miss
Postmaster Stedman took KavOorick
into custody and telegraphed Marshal
Campbell, who will arrive this morning
with KavoOrick. The prisoner will have
hearing before Clerk of the United
States District Court Spencer at 10
O'Clock this morning.
PROBATE COURT.
The last will and testament of S. s.
Taylor was filed in the probate court
to-day. 1t bears date Of June z, 1878,
and was drawn by Hon. 81. r. Brill, at
that time judge of probate. Deceased
made his wife sole legatee and devisee.
Arthur Woods was examined for in
sanity Yesterday and DISCHARGED