St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-07-15
THE FINAL LAW.
Several Important Supreme Court
Findin gs Yesterday.

! Several Important Supreme Court
Findings Yesterday.
| Emil Malmgren ct al, co-partners rs Malm-
I gren d Hokanson. respondents vs. Albert
S. Pninney ct al. defendants respondents;
Charles j. Berryhill ct al, appellants
Judgment modified. MITCHELL j.
Steinmetz VS.. st. Paul Trust Com
.pany filled July ~ followed as to the
time and manner of commencing
actions to enforce mechanics liens.
The service of a summons by publ
cation is valid, although one OF the pub
locations is made on May 80 (Memorial
1 day..
The vendor and vendee in an execu-
tory contract for the sale OF real es-
tate cannot by any stipulation between
4 themselves deprive third persons mot
parties to the cOntracO of their statu-
4 tory rights to liens for material or labor
subsequently furnished to the yendee
for the construction of buildings OH the
4 premises.
1 contracted to sell p certain real
estate for a consideration, to be partly
PAID III cash or delivery of the deco, land
4 the balance to be secured by mortgage
on the premises. The contract pro-
4 ylded that might execute mortgage
\ 10 thlrd person, which should be SUI
perior to the purchase money mortgage
! TO be executed to B. p went into pos
| session and commenced the erection of
| a building OH the premises, and for
labor and material furnished therefor
mechanlc's liens attached TO his interest
| III the property. Subsequently. in pur-
| suance OF this contract, b conveyed to
| +, VINO thereupon executed first mort
| gage TO IL ana second mortgage for
| purchase money to B.
LII
deld. that in an action to enforce the
mechanics liens upon a safe of the prop
| erty there should be paid of the pro-
| ceeds: First. his mortgage to the extent
OF the amount due on BIS mortgage;
| second. the mechanics liens; third, the
balance OF H's mortgage, and, fourth,
BIS mortgage, modifying Reilly vs.
Williams, SO n. w. Rep. S26.
Fanny Sabledowsky. plaintiff. appellant VS..
Marion Arbuckle ct al, defendants re-
sspondents, and Edwin S. Chittenden, de-
fendant appellant. Judgment affirmed.
MITCHELL, j.
The common law rule that freehold
estate to commence in the future can
not be created by deed without the in
PREVENTION of precedent estate to sup
port it is abolished in this state. The
provisions of certain deed held to be
independent of each other, so that the
one is valid, although the other is void.
Evidence held to justify finding
that the defendant was mentally inca
pacltated to execute a conveyance of his
real estate.
Fred Mclean. -respo ndent vs. Chicago, st
Paul, Minneapolis d Omaha Railway Com
pany, appellant Order reversed.
.CoLLINs.J.
In an action arising out of wrongful
expulsion of plaintiff from one of de-
fendanrs railway trains, In which ac-
ton the former was entitled to recover
compensatory damages only, it is held
that. under the circu mstanceS as shown
by the evidence, verdict for the sum
OF $3.50 was excessive. 80
State of Minnesota, ex rel, O. T. Miller. re-
spondent, vs. Charles 5. Bruce, as County
Auditor Of Rock County, appellant Case
remanded COLLINS J.
Gen. Laws 1891, CHI. g. and which re-
quires that under certain circumstances
moneys paid by purchasers. at tax sales
of the lands therein mentioned be re
funded by the counties in which the
LANDS are situated, is unco Institutional
and void in so far as it re lates to the
;so-called ''school lands" The case is
1remanded,, with directions that the
alternative writ be quaShed and set
aside as demanded by defendant county
auditor.
George II. Holt ct al, co-partners as George
I II. Holt e. Co., appellants VS.. H. N Nc
J 1ntire, respondent Order affirmed.
MITCHELL, j.
The findings of fact held to Justify
the conclusion of law that defendant
was not liable OH the check in suit for
the reason that it had never been de-
Ilivered to the payee by defendants au-
tthurity.
John &. lawson respondent VS. George j.
+! Yichman, appellant. Order affirmed.
L COLLINS. j.
Held that the evidence herein fully
supported certain special findings, as
we'll as the general verdict of the jury.
Gustave Lundell, appelian. VS.. William
Cheney, as administrator of the estate of
Peter Orander, deceased, respondent. Or
der affirmed. MITCHELL. j
Rule applied that the sufficiency of
the testimony to support the verdict or
findings cannot be considered where
the lease" does not contain all the evil
dence. In case of reference to try all
the issues in case and to report judg-
ment thereon. the report of the referee
is required to contain only what the
findings of the court are required to
contain in case of a trial by the court,
viz: Findings of these facts necessary
to cover the issues in the case. and to
form the basis of a judgment thereon.
Zephyr Outing Shirts cheap, Red Fig
ure Sale. The BOSToN, Third st.