St. Paul daily globe., 1892-05-06

~ DOAAANN
OF Decisions Handed Down by
the Supreme Court.
The supreme court handed down the
following decisions yesterday:
Nels j. Ness. respondent VS.. James NJ Wood
ct al. defendants. Edward Z. Davidson,
appellant. Judgment affirmed.
DICKINSON, j.
Syllabus-Certain real estate was spe-
cifcaliy devised but subject to dis
cretionary power in the executors to
sell the same, in which event the pro-
ceeds were 10 go to the devisee. Before
the power of sale was exercised the es
tate which the deviSee acquired under
the new will became charged with a
mechanics lien, and an action was insti-
tuted to enforce the same. The eXecu-
tors then sold the land in the exercise
OF their power. with the effect (aS was
considered in former deciSion) to dis
charge the lien from the land. Held
%. that i'll such action to f0recloSe the
mechanics lien the court, in accordance
with a general principle of equity,
sh0nld treat the lien, when it was DIS
charged from the land by the sale
under power paramount to the lien. as
being transferred to the proceeds of the
sale in the hands of the devSee. (2).
The power of sale being discretionary,
the doctrine OF equitable conversion did
not operate to conStructlvely convert
the real estate into money as of the time
of the death of the testatOr. so as to
prevent the mechanics lien from thus
attaching and being thus enforced.
II. NJ Cr1;,b nf ha
estate of Lafayette II. Smith, deceased, ap-
pellant, VS.. William Fl. Barclay ct al, de-
defendants, First National Bank of Fergus
Falls. garnishee, reSpor dent. Order re-
versed DICKINSON j.. .
Sylabus-Evidence held not to just
ify the verdict, to the effect that under a
contract of copartnership. entered into
nominally between B. and F., the wife
of B. became the c0partner with f.
Thomas LOBBY, respondent. VS.. Edward E.
Davidson ct al, defendants. Edward E.
Davidson, appellant. Judgment affirmed.
DICKINSON, j.
Per Curiam-The decision in this case
is controlled by that in Ness VS.. David
son, just filed.
Lucy Maude Doty. appellant VS.. Chicago, st.
Paul & Kansas City Railway Company, re-
sDOndent. Order affirmed. GILFILLAN, c. j.
Syllabus-Evidence held TO sustain
verdict
Orrin NJ. Cowles, respondent. VS.. Thomas H.
Garfield ct al, defendants, Thomas II.
Can6eld, appellant. Order affirmed.
MITCHELL, j.
SyIlabus-Evideuce held sufficient to
sustain the verdict.
VS.. Peter John, respondent. Order af-
firmed. GILFILLAN G. j.
SvllabuS-An objection to testimony
held not specific enough to raise the
point that the testimony would contra
diet or vary written contract. An as
signment of error that 1.-The evidence
does not sustain the findings of fact' Is
insufficient.
Thor R. Bjorngaard ct al, appellants, VS..
Goodhue County Bank ct al, respondents.
Judgment affirmed GILFtLLAN c. j.
Syllabus buS-StOckholders in a corpora
ton are not disqualified to vote upon
matter coming before a stockholders
meeting by the fact that they may have
a personal interest in the matter. as,
upon proposition to ratify purchase
of property from themselves which they,
as directors, have assumed to make.
George S. Luce, appellant, VS.. Albert E.
Clarke, respondent. Order affirmed.
GILFILLAN c. J.
Syllabus - Under Gen Stat 1878,
chap. 66, Sec 16, relating to limitations
of actions, where a cause of action not
arising in this state nor accruing TO a
citizen thereof has continued under its
operation until it became bar, it is to
be recognized here as bar.
Lucie Remillard Ell al, appeIlasts VS. Frank
Blaekmar ct al, respondents. Order re-
versed. GILFILLAN. c. j.
Syllabus-Sec. 81, ch. 49, Special
Laws extra session 1857, construed and
held the requirement therein that the
deed to occupants entitled under the
act of congress OF May %, 1874. IAN act
for the relief of citizens of towns upon
lands of tte United States under certain
circumstances, shall be under the hand
of the president of the town, does not
apply to towns created by said chapter
for which no such office as president is
appointed.
State of Minnesota. respondent. VS.. C. B.
Waddell, appellant Judgmsnt reversed.
GILF ILLAN, q. j.
Syllabus-The act providing for a
system of public parks and parkways
in Minneapolis being special laws 1888.
ch. 2S1. did not authorize the board
created by it to vacate, or close. or eX-
clude any class of vehicles from any
street, except such as might run through
any tract of land taken for park, and
street by merely widening it by acQuir-
inc title t0 ctriD nm 1anh side
Ramsey County Building Society. respon d.
entvs. Charles B. Lawton ct al..appellants.
Judgment affirmed. GILFILLAN, c. j.
Syllabus-Answer held to admit the
material allegations III the complaint.
A Judgment for the recovery Of one in
stallment payable under the condition
of penal bond is no bar to an action
for an installmenI falling due after the
commencement Of prior action.
Peter Bohan, respondent, Us. The st. Paul &
Duluth Railroad Company, appellant. Or
der affirmed GILFiLLAN. Z. j.
Syllabus-Evidence held sufficient to
sustain the verdict.
Jane L. Burgess, appellant VS.. Abraham
Bragaw, respondent. Order affirmed
GILsiLLAN. q. ].
SyliabuS-A note held to be in effect
an accommodation n0ts ami to have
consideration from the time Of its trans
fer pursuant 10 the intentions withwhich
it wai male. Rule that where one or
two innocent persons must suffer by
the fraudulent act of i third, he by
whose aut tue third person was ena-
bed TO ptrpetrate the fraud must bear
the loss, applied.
OF Interest to Fishermen.
The passenger department of ''The
Burlington" has just issued handy lit
tie circular OF inter, st to all who ENJOY
good days sport. II has been complied
to afford sportsmen information in
compact form OF the yarinus points
along its line where good fishing can ;e
had. For copy of circular. information
as To time of trains, rates, motel accom-
NJ ;.t-. -.