St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-07-25
AN IMPORTANT DECISION.
Minnesota Laws in Connection
With Law Bearing on Assignees,

The case of William G. Stahl, appel
liant, VS.. John j. Mitchell ct al, re-
spondents, was decided yesterday by
the supreme court, and the decision rem
dered is the most important made of re-
cent years by the appellate court. The
facts of the case are:
On Nov. 25, 1857. one James Blakely,
IA resident of the county of Allegheny,
Pennsylvania, and the owner of
large tracts of lands situated
in the states of Pennsylvania,
Ohio, Iowa and Wisconsin, and the ter
ritories of Minnesota, Nebraska or Kan
sas, made, his wife joining, voluntary
deed of assignment conveying all his
property, wherever situated, to John j.
Mitchell, also in said county and state,
in trust for the benefit of his creditors.
Mitchell accepted trust until February
l3, 1858, when he presented his petition
gheny county, praying to be discharged,
On March 9, 1868, the court appointed
William FL. Campbell, a resi-
dent Allegheny county, assignee
in place of Mitchell in said trust.
In Dec, 1861, Campbell, as such as
Signee, conveyed the land in contro-
yersy dying in this state) to one Badger,
and the latter afterwards conveyed it to
plaintiff. The question involved is the
Jurisdiction of the courts OF common
pleas in Allegheny county in the ap-
pointment, and power of Campbell; and
this the supreme court decides as fol-
lows:
A court of records which has by statute all
the power that any court could have over
OIL of iuriS6iafinn aSnaaialtv If
: it be subject of Jurisdiction under the gem
eral rules of law or equity, is as to cases
within that class of cases to be regarded as a
court of superior jurisdiction within the
rule that attaches to the Judgment and de-
crees of such courts the presum pt1on i'll col
lateral proceedings of jurisdiction in the
particular case. An order or decree of a
court appointing as assignee in place Of
and as the successor of B, the former as
signee in an assignment for the benefit Of
creditors, impliedly discharges Bias assignee.
A resident of Pennsylvania owning lands in
Pennsylvania, Ohio, Iowa, Wisconsin, Min
nesota, Kansas and Nebraska, executed to
one also resident Of Pennsylvania, Volun-
benefit of his creditors. The statutes of that
state then in force gave to the courts Of
common pleas jurisdiction over such trusts,
and power, upon application by bill or petit
ton and upon notice, to discharge such
assignees and appoint their successor and
provided that, upon the appointment of such
successor, all the trust estate and effects
whatsoever, should be forthwith and without
any act or deed, passed to and vested in such
successor.
Held that the statute as to the dis
charge of such assignees, the appoint
ment Of successors and the yesling
Of title i'll the successors, entered into
and became part of the contract of assign
ment as though the latter had expressly
vested the power to discharge and appoint in
the court, and had provided that upon its
making such appointment the title should at
once pass to the successor appointed. So
that when the court discharged the original /
assignee and appointed his successor, the
appointment was effeetual and the title
vested in him, under and by virtue of the
deed of assignment. as fully as though the
power had been vested in and exercised by
an individual.
Order reversed. GILFILLAN, G. j.