St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-02-11

| InOmaS Mchellar, respondent, VS.. CnarleS
| y. Plllsbury ct al, defendants. 5. a.
| Booth lntervenor. appellant, Thomas Nc
keEar, respondent, VS.. y. A. Booth ap-
pellant. Order affirmed. MITCHELL, j.
Syllabus-A preference by an insol-
Vent debtor of one creditor over Others
is not unlawful except as prohibited by
the inSolvent law of 1881, and is vOlda-
BILE only in proceedings under and in
aid Of that act.
An assignment for the benefit of cred
itors. when executed by the assignOr
| and accepted by the assignee, creates Il
| valid trust, which cannot be changed or
revoked by the aSSlgnOr or by the joint
| act OF both assignor and assignee or by
| the court Oh their application.
Where sale of chattelS is not accom-
| panied by an immediate delivery, and
| followed by an actual and continued
| change of possession, it merely raises
a presumption that the sale was fraudu-
lent, which it IS competent for the ven
dee to overcome by showing that it was
Ill fact made in good faith.
| Where certain number of articles
are sold out of a greater number of eX-
actly the same kind and quality with
the intention that the title should pres
emily pass, aud where the vender has
the absolute right at any time to take
his amount or number out of the whole
| W pass luC
title, although the specific articles are
not actually designated or separated
| from the remainder.
Dickinson, j., absent. took no part.
| Village of Glencoe, appellant, VS. Henry
Wadsworth, respondent. Order affirmed.
| NANDERBURGH, j.
| Syllabus-An actual entry upon and
| possession of land, though without color
of paper title, but under claim of right
thereto, i'll opposition to and inconsist-
| cnt with that of the true owners, may
| ripen into title by adverse possession.
The claim of the disseiZor must be
asserted as matter of right, SO as to be
notice to the owner.
Continued acts of ownership upon the
| prOperty-OccuDying, using and control
| ling it as OWner-conStitute the usual
| lndicia OF asserting claim of title, and
| are sufficient notice of such claim to the
| owner.
Sandwich Manufacturing Company. appel
liant vs.. Julius Zelmer ct al, respondents
Reversed and remanded.
VANDERBURGH, j.
Syllabus-Under the provisions of the
act OF 1859 General Statutes 1878, CHI.
69), in respect to the rights and con-
tracts of married women. A married
woman who uniteS with her husband
| in conveyance eff real estate with COW
enants, and expressly joins in and be-
comes party to such covenants, is es-
| topped thereby as il unmarried.
The act was intended to invest
| married woman with all the rights Of
| femme sole as respects her contracts,
save only as expressly excepted or re-
| served by its terms. And among the
contracts which she may make, she
may obligate herself by Joint promise
| with him to pay or secure his debts. /
And though it is not necessary for
her to join in the covenants OF his
| deeds in order to bar her statutory
homestead or dover interest, yet She
is under no disability to obligate
herself thereby if she chooses
so to do. and it is SO
expressed Oh the face of the deed.
Where all incumbrance is excepted
| generally from the operation of deed,
all the covenants therein are restricted
by the exception. but a restricted cove.
nant does not affect the operation Of a
succeeding covenant not connected or
OF the same import with it. A covenant
of warranty is not restricted by an eX-
ceptlon i'll preceding covenant against
membranes.