St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-03-18
TWO WE'RE REVERSED.

N CflInindl t1aVOf O1Vcn the
Cases Reversed by the Supreme
Court.
The supreme court yesterday handed
down seven decisions, two of which re-
verSed the rulings of the lower courts.
The syllabi of the cases are as follows:
Amelia B. Fail, appellant, VS.. William j.
Moore, respondent Judgment reversed.
VANDERBURGH. j.
Mitchell and Collins judges, took no part.
SyllabuS-Where a landlord notified his
tenant whose term was about expiring, that
it would not be extended or the lease re-
newed on the conditions of the existing
lease, and a subsequent holding over is refer
able to contemplated new lease, or pend
ing negotiations therefor, which are not con-
summated, and i'll the meantime rent at a
different rate is paid for each month. such
continued occupation or holding over will
not be held to be under lease from year to
year, but at will.
A husband as agent for his WIFE, cannot
bind her real estate by lease thereof, in her
behalf, and a receipt by the wife of a
months rept at the rate fixed in such lease,
will not, in the absence of other evidence, be
sufficient to establish q lease by her for
year or a term longer than that for which the
rent is understood to have been paid. leaving
the tenancy one at will.
Evidence in this case held insufficient to
sustain the findings of fact.
Kutusoff n. McFee ct al, respondents, VS..
Margaret Koran. appellant. Order affirmed.
NANDERBURGH, j.
Syllabus-Evidence considered ana held
sufficient to support the findings of fact i'll
this case.
A. B. Fall. appellant. VS. w. j. Moore, re-
spondent Writ quashed.
VANDERBURGH j.
Syllabus-An order affirming the clerks re-
fnsal TO allow and insert costs in the judg-
m q Of IlIrnr
party may be reviewed on appeal from the
Judgment though it had been informally
entered without costs prior TO such order.
Mitchell and Collins d., did not sit.
F. NJ. Slagle & Co, respondents VS.. John
Goodnow, appellant. Order affirmed.
NANDERBURGH, j.
Syllabus-Where goods are purchased-with
a preconceived intention not to pay for the
same it is fraud upon the seller, for which
he may rescind the sale and procure the
goods or their proceeds in the hands of the
vendee or a ub-purchaser from him witho
consideration. Evidence held sufficient to
sustain certain findings of fact.
Elizabeth Davis ct al, appellants. VS.. Ann
Townsend ct al. respondents Order af-
frmed. VANDEREURGH j.
Syllabus-Where letters of administration
upon the estate of deceased intestate were
issued in 1857, and the estate continued I'M
settled for nearly thirty years. and certain
land, lying within the jurisdiction Of the pro-
bate court, and occupied by the deceased at
his death under contract of purchase (but
which had never been inventoried or recog-
nized as part of his estate), had been in the
actual adverse possession OF the admiuistra-
tors, under color and claim of title i'll them
selves. for more than twenty years. held that
the probate court was justified, after such
great lapse of time, upon the facts found, in
refusing to grant the petition OF certain heirs
to have the land inventOried and admins
tered on as a part of the estate of the de-
ceased, in analogy TO the rule of the statute
of limitations in civil actions.
State of Minnesota, respondent vs. Edwin
j. Miller, appellant. Judgment affirmed
VANDERBURGH, j.
Syllabus-In criminal prosecution for the
larceny of goods discovered in the defend
ants possession, the fact of such possession.
though considerable time may have elapsed
lin this case eleven monthsl between the
date of the larceny and discovery. may be
considered in connection with other facts
and circumstances tending to criminate the
accused. Held also, upon the facts dis
closed by the evidence in this case, and i'll
view of the general charge, that the refusal
of the court to charge the jury that the pos
session was not sufficie ntly recent to war
rant a verdict of guilty was not error.
Where upon the evidence an offense may fall
within the definition of either of two degrees
of larceny according as the jury may find the
facts III the case, 1t Is not improper for the
court TO give to the jury the statutory def
milton of each and the penalty annexed.
michael Casey, respondent, VS.. Julia A Nc
Intyre, appellant Order affirmed.
! NANDERRURGH. J.
Syllabus-Plaintif, being the MORTGAGE in
and holder of certain mortgages, was in the
possession of the mortgaged premises i'll
question in 1887. when they were convened to
| third party, and when a prior mortgage
| thereon was foreclosed by advertisement in
| 1888. The defendant. q subsequent mortga-
gee, redeemed the premises from foreclos-
| ure sale and claims title by virtue of such re-
! demption. 1t appearing that no notice of the
| foreclosure proceedings was served upon the
! plaintiff, the occupant of the premises, as re-
| quired by the statute. the foreclosure sale
| was void and the redemption Intellectual.
Held that the reply in the case is suffi cient
| to put defendant upon proof of the service
| of such notice upon the occupant Where
| the premises are occupied at the time of the
! foreclosure by one who is not the owner, a
| subsequent waiver by him of the failure to
| serve notice on him VIII not validate the
| the filing by him of notice of an intention to
| redeem now an invalid foreclosure operate
| as an estoppel against him in defendants
| favor. Where the mortgaged premises are so
occupied, the presumption of the regularity
| OF the foreclosure arising from the produc-
| ton of the certificate of sale thereon is re-
| butted upon proof of the failure to serve
| such notice upon the occupant. And such
| certificate is not presumptive evidence of the
| actual service of notice upon the occupant.
| And such certificate is not presumptive evil
| dence of the actual service of notice up on
| an owner who is not an occupant thereof.
BENEVOLENT ELKS.