St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-09-21
WITH THE GLOBE
SUNDAY, SEPTEMBER Oath.

N. ID. They entered into contract, in
writing, with the owner of the steamer
Butte, to haul the boat out of the water
and put it upon the marine ways oper-
ated by them, and to replace 1t in the
water in the spring following. They
also made verbal agreement with the
owner of the steamer Mcleod to place
it Oh the ways. The Butte was hauled
upon the ways and the Mcleod was
placed at the foot of the ways,
preparatory to being hauled up. The
Butte broke away, because of defective
fastening and, slipping against the Nc
Leod, sank her and made her total
wreck. The owners Of the Mcleod sued
the owners of the Butte In the federal
court for damage and recovered a judy
ment against Thomas G. Power, one of
the overs, for a half OF the damages,
S9.575.S2. That case was appealed to
the supreme court of the United States
and the judgment affirmed in 1888. Mr..
Power, subsequently, was compelled to
pay this one-half damages, and he be-
gan suit in the United States cir
cult court of Minnesota to recov-
er his>sum from Roger S. Munger and
Charles s. Weaver, who contracted to
put the Mcleod on the ways. The court
directed a verdict in favor OF Munger
on the theory that the statute of limita-
tons barred the suit. The action was
based on the theory that the negligence
of the dock men was the cause OF the
injury to the Mcleod. In his opinion
Judge Shiras holds that it was error in
the court below to hold that the statutes
Of limitation began to run against Pow
er's right of action at the time of the
collision; that the statutes did not be-
gin to run until the right of Powers to
sue accrued, and that was not until he
had been compelled to pay the money.
Harriel W. Leighton ct al, appellants, vs..
Rowena Young ct al. Appeal from the
United States circuit court of Nebraska.
This cause was reversed and renamed.
The opinion was written by Judge Henry
G. Caldwell.
This was suit to eject defendants
from land. On the trial below the land
was given to the plaintiff, and the title
thereto was not in issue on the appeal.
In the court below, the report of the
master in chancery was to the effect
that at the time suit was begun, in 1890,
the value of the improvements on the
land amounted to S10.36S before the suit
was begun, and that the value of the
rents after the entry of suit
was $50. The value of the
land without the improvements
was $780, The questions at issue were
the value of the land, the value of the
improvements and the value of the
rents and profits. LII his opinion Judge
Caldwell directs the court below to enter
findings as follows: The court is di-
rected to confirm the findings of the
master in ,chancery as to the vglue of
the naked land being $1,000; the value
of the improvements, after deducting
the rents and profits, is S10,lS This is
declared to be lien on the land and
improvements. The complainants
are given permission to retain
the land until this amount is
paid or the land sold to satisfy the
claim. The defendants are given the
option to pay the lien, occasioned by the
improvements, within ninety days and
then take possession of the property.
If this course is not pursued then the
complalnants, at the end of ninety days
after entering this decree. may pay the
ascertained value of the land and secure
a deed therefor from the defendants or
the master in chancery. In case the
land is sold tie proceeds are to be di-
vided between the compliments and
defendants III the proportion that the
value OF the land bears to the value OF
the improvements.