St. Paul daily globe., 1890-02-01
In the Agreement to Convert
the Exposition Rink Into
a Theater.
Vitpiol- Throwing as a Method
Of Furnishing a Truant
Wife.
The NationaIists Advance
Some New Ideas on Profit
Sharing.

e'iO ou flSinC COulO feSl6Iud4, anu pratt
tieally put one-thiFd of the whole ex-
pense of their building operations upon
E. E. Davidson.
In August, 1887, Sackett Virgins and
Wood entered into a contract with four
of the fire executors of the late Commo-
dore Davidson, 10y the terms of which
they were to place building
costing not less than $4,000
on the site of the old ex-
exposition building. paving a ground
rental OF $4,000 per year to the estate
until 1892, when the property was to be
revalued and the rent modified accord
ingly. Messrs. Saekett &c Virgins
went ahead with the work until Janu-
ary, 1888, when they became insolvent.
Their failure knocked out all possibility
OF the contract being carried out, and left
the estate badly in the soup, as the niu-
scum people had paid but one INSTALL
ment of 81, 100 on the contract.
About this time mechanics and ma
terlai mems liens. too numerous to men
ton, began TO be filed against the pro-
perty. in four of which the supreme court
decisions filed yesterday. From their de-
eIslon 1t appears that while the will of
the late Commodore Davidson granted
to his executors, E. E. Davidson, Sarah
A. Davidson, P. S. Davidson, Col. J. IL.
Davidson. and F. j. Johnson, the power
to sell and convey any of the real estate
IL did not authorize a transaction like
the deal with Sackett IL Wiggins. Mrs.
Davidson, however, did not join with
the other four executors referred to,
and, hence the supreme court holds that
these liens can not hold against
either her or Miss Sallie David
S' minor. who. under the
will IS the owner of one-third of the
entire estate. For these reasons the
supreme court af6rmS the order of the
lower court, as to all parties except E..
+. Davidson, and directs that a new
trial be had for the purpose of determ-
lining the amount his one-third interest
III the property must pay--that is, it
puts the entire cost of Sackett d Wig
gins building faseo on Mr. Davidson.
The syllabus follows:
THE COURTS FINDING.
Neis j. Ness, appellant. VS.. James Nj. Wood
ct al, respondents. Order reversed as to
the defendant, E. E. Davidson. Affirmed
as TO the other defendants. COLLINS. j.
Five persons were the duly appointed
and legally qualified executors of the
last will and testament of W. T. David
son, deceased. Two of these eXecut-
ors, E. E. ID. and S. A. d. and another
person, still minor, were the devi-
sees named in the will, having the same
interest under it share and share alike.
in the property. Pending the settle
ment of the estate in probste court
four of the executors, one being said
devisee E. r. D., entered into contract
with ). w. and W., with reference to
the alteration and permanent improve
ment of building then situate upon
certain real property belonging TO
the estate and lease thereof TO said
5. w. and W. for a period of ten years.
The plaintiff. by virtue of contract
with S. w. and W., performed labor
upon and furnished materials for the
alteration and improvement of said
building. was not paid for the same, and
in this action demands that the value of
said labor and materials be adjudged
specific lien against SAID real property.
Held, first. that such lien cannot be
decreed against the interests of the ex-
ecutor and devlSee, S. A. D.. who re-
fused to become party to the original
contract, or as against the interests of
the minor deviSee. Second, that, as
against the interest of the executor and
devISee, E. E. D., VINO signed the con-
tract, the amount of the plaintiffs
claim should be deereed and adjudged
a specific lien under the terms and pro-
visions of chapter 80, Generals Laws
1878, subject, of course. to the admin
istratioR of the estate.
Order reversed as to the defendant E.
E. Davidson. Affirmed as to the other
defendants.
In the cases of the John Martin Lum-
ber company vs.. Sarah A. Davidson ct
oil 4 L..
gins 6& Co. ct al, and Charles Jaggar VS..
Thomas LOBBY ct al, the court says:
The questions presented in each of
these cases are identical with those dis
posed of in Ness VS.. Wood, just decided.
For the reasons therein stated the order
in each is reversed as to E. E. Davidson
and affirmed as to the other defendants.
LIEN SUSTAINED.
j. j. Howe, ct al. respondents, vs.. C. f.
Kindred. appellant. Order affirmed.
COLLINS j.
Plaintiffs as material men furnished
w. IL. Leland and Mrs. L. NJ. Witt.
under contract. lumber with which to
build hotel, commencing to deliver
the same Oct. 5. 1888. Witt and Leland
then owned the lots upon which the
hotel was to be built. In November of
of the same year Witt and Leland exc
cuted and delivered to appellant
mortgage upon the premi-
SeS which had been fOreeiosed
and under which appellant now claims
title. Plaintiffs took from w. & G., at
the end of each month notes for the bal
ance which might then be due on lum-
Der account. On April 5. 1884, in
consideration of the assumption by
three other persons of Lelahd's ipdebt-
edness for material, the latter sold to the
g,
and new firm was organized, consist
ing of Mrs. Witt, who retained her in
terest, and these three persons under
the tirm name of Witt. Hartley & Co.,
for the purpose of completing the hotel.
As the notes of w. and l.. matured the
notes of the new firm were substituted.
These were all discounted at the bank
by plaintiffs. were several times re-
newed, but the date of payment was in
no case extended beyond the life OF the
lien, provided by statute for mechanics
and material men. On Dec. Is, 1884,
plaintiffs, by means OF certain tranSac-
tions with the debtors and the bank,
took chattel security for part of their
claim. and upon foreclosure of the mort
gage realized a sum much less than the
amount SO secured. All of the notes so
given 10y Witt, Hartley d Co. and dis
counted as aforesaid have been paid and
taken up by plaintiffs. Held that as
against the appellants claim under his
foreeloSed mortgage the plaintiffs have
not lost or waived their lien.
CARELESS MILLIONAIRES.
Ole r. Anderson, respondent against North
ern Mill Company, appellant Ordsr
affirmed. COLLINS, j.
Syllabus: Respondent was employed
in appellants saw mill by B.. who had
a contract with the said appellants to
remove from the mill and pile in the
yard all lumber as fast as sawed. The
work performed by respondent brought
him upon a part of platform fire.
quently made dangerous by reason of
heavy timbers which came down upon
it from the saws above with great velcc-
ity and at irregular intervals The ap-
pellant has adopted and practiced the
custom of warning the men upon the
platform of the coming of these timbers
by means of signal, usually given by
a man or boy standing at the head of
the slide or chute through which the