St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-01-21

fer was made with an actual intent to de-
fraud creditors. it is error to instruct the
jury that If they lind that the assignor was
solvent they must find that the transfer was
valid
Edna P Webb appellant, VS.. r. P. Lewis ct
al. respondents. Order affi med.
MITCHELL, J.
! Syllabus-A mortgage executed in April
1877, contained power OF sale authorizing
the mortgage. in case of default in the con-
(litionS of the mortgage. to sell the mortga ged
premises at public sale and convey the same
to the purchaser. agreeably to the statute Ill
such case made and provided.
Held that this was q complete and valid
common law power. capable of being executed
even in the absence of any statute regulating
the manner of its exercise.
Also that there is nothing i'll the retro
spective application of ch.53, Laws 1878 Gen.
Stat. CHI. 81, title y to be made of executing
this power which conflicts with the terms of
the mortgage or lmpairs Its obligation as a
contract. Hence that sale under the power
made in 1879 i'll accordance with This statute
was valid.
John L. Hodge, respondent, VS.. John Lud
lum, appellant Order reversed.
MITCHELL, j.
Syllabus-To entitle party to claim that
another is estopped by his representations,
the representations must have been made to
him, or they must have been of such char
acter ana made under such circumstances
that the party making them must be taken to
have contemplated that they would be COM
municated to and acted on by him.
Findings of fact held insufficient in this
particular.
The findings must in themselves be suffi
cient to support the Judgment. The evidence
cannot be resorted to to supplement them.
Yanderburgh, j., did not sit.
David A. Lydiard. respondent VS.. Samuel Fl.
Chute, appellant. Judgment affirmed.
COLLINS, j.
Syllabus Tidd vs. Rlnes, 26 Mimi, POI,
and other cases followed as to the sufficiency
of a deed, effectively acknowledged, TO pass
the title to real property as between the par
ties.
p Except in eases affecting the personal
status of the plaintiff, and in cases in which
that mode of service may be considered as
having been assented to in advance, the sub
stituted service OF process by publication,
authorized by the statutes of this state i'll
1853 in actions brought against non-residents.
was effectual only when, in connection with
the process against the person for commene-
ing the action, property III the state had
been brought under the control of the court
and subjected to its disposition by process
lapted to that purpose. or when the judg-
ment was sought as means OF reaching
such property or of affecting an interest
therein; in other words, when the proceed
lug was in the nature OF proceeding III rem.
George ". Buck, appellant VS.. Henry Hut
ehins, respondent Order reversed.
COLLINS. j.
SvlIabus-A person not q party to ne
gotiable promissory note who places his
name on the back thereof after its execution
and delivery, before maturity and before it
has been Endorsed by the payee. is, as to sub
sequent bona fide holders, an inoorser OF the
paper.
Thomas Toner. respondent. VS.. The Advance
Thresher. appellant. Order reversed.
COLLINS, j.
SylIabus-The affidavit of service of a no.
tiee of appeal from Judgment rendered by
justice of the peace, contained the. state
ment that the notice had been served upon
the respondent "by delivering to and leav-
ing with him personally copy thereof at his
residence III said township BY delivering to