St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-02-25

witness from diSpoSing of certain per-
sonal property, did not subject him to
liability for having disposed of the prop
erty. the evidence being indefinite as to
the time when the order was made and
i'll other particulars.
William Tretheway, respondent VS.. Nehe
miah Hulett appellant Order affirmed;
DICKINSON, J.
The rule, caveat emptOr, applied with
respect to representations of the vendor
Of real estate as to its value. A COM
plant alleging false and fraudulent rep
reservations of q vendor (deiendant as
to his title, held to state a cause of &C
ton in favor of the purchaser under a
quit-claim deed.
Leslie II. Pinney, respondent VS.. Russell &
Co.. appellant. Order reversed.
Dickinson, j.
Evidence, largely circumstantia in its
nature. held to show the identity of
John W. Humphrey. the owner OF GER
tain land, as j. W. Humphrey, against
whom a judgment was rendered and
docketed in the county where such land
was situated.
A record of judgment against one
whose Christian name is indicated only
by initial letters is effectual to put upon
inquiry a subsequent purchaser of laudS
the title of which appears Of record III
person of the same family name as such
Judgment debtor, and whose Christian
name has the same initial letters.
Ii it appears that the plaintiff. in a
statutory action to determine adverse
claims to unoccupied land, has do estate
or interest therein. he is not entitled to
Judgment against the defendant.
Samuel Wright, appellant VS.. C. NJ. Wilcox,
respondent. Judgment affirmed.
DICKINSON. j.
A written contract provided that in
consideration of the sale of certain per-
sonal property to the two parties of the
second part they should at once pay
specified sum of money, and further that
one of them should (the time therefor
not being stated convey certain real
estate, and that the other should re-
linquish certain tree claim, this last
agreement not to be performed until"
the parties of the first part should have
paid debt of theirs which was secured
by mortgage on the personal property
sold.
Held that the expressed condition
precedent qualified both of the last
mentioned agreements.
George A. Wheaton ct al. partners as Whea-
ton. Reynolds IL Co.. respondents, VS.. II.
A Spooner ct al, appellants. Judgment
affirmed. DICKINSON, j.
A Judgment of the district court may
be levied upon under execution without
the service of copy of the execution
upon the clerk of the court.
The fact that the property of judy
ment debtor is in the hands of receiver,
and in custOdia legiS, does not prevent Il
levy by execution upon the Judgment
An assignment Of a Judgment in part
is not valid as against creditors levyne
thereon, unless the assignment is placed
on record as provided by statute.
Mary L. Coburn ct al respondents, VS.. Lite
Indemnity and Investment Company, APP
pellant. Order affirmed DICKINSON, Il
In a contract of life insurance the
premiums were payable monthly. Upon
the failure to make any monthly pay
ment the insured had the right to be
reinstated within sixty days after such
default upon her paying 1.-THE proper
premiums"
Such n default having occurred. andNl
more than sixty days having elapsed,
the company consented to reinstate the
insured, the circumstances being such
that the court charged the jury that the
company had waived its objection to |
the lapse OF time. This Instruction was |
not excepted to. and hence being taken !
as the law of the case. Held, that the |
insured had the right to avail herself Of |
such consent of the company and TO be |
reinStated upon paying the premiums |
then due, although the company de- |
manded payment of the premium for a |
succeeding Month not yet due.
II u,
st. Paul, Appellant Order affirmed.
DICKINSON, j. |
The defendant city instituted pro |
ceeding5 to change the established |
grade of a street Gin accordance with
the charter upon which certain mort
gagged premises abutted. An assess
ment of damages therefor was COM
pleted after a sale of the premises on
foreclosure, to the mortgagee for the
full amount OF the debt. No redemp-
ton was made from the foreclosure
sale, and after the expiration of the
time for redemption the mortgage,
who had thus become owner, (or his as
signee) sued for the recovery. of the
damages awarded.
Held that he was entitled to recover. |
The damages awarded after the fore
closure sale became substitute for so
much of the property as was taken or
appropriated for public use.
Charter construed as providing for an
assessment of damages for injury to the
property, leaving the question as to who
shall be entitled to receive such dam
ages to be determined in accordance
with the general principles of law
The charter providing that the city
shall not take possession of the prop
erty until the money Tor the payment of
damages shall have been collected by
means of special assessments. held that
the fact that the city had actually en-
tered upon the work of changing the
grade is effectual as q waiver OF its
right to postpone the payment Of the
damages awarded until such collections
should be made. The city thus assumed
all immediate responsibility.
JanneT Sempel Il Co, respondents, VS..
Chris Goehringer ct al, appellants. Judg-
ment affirmed. DICKINSON, j.
A lease of real estates for term of
years. provided that upon its termina-
ton the lessons should purchase from !
the lessees. at the fair market value,
the buildings which the latter might |
have erected. and that the value should
be concusively determined by three |
app aisers, for the selection of whom,
in the usual way, the lease provided.
1t being necessary for the appraisers TO
construe the contract for the purpose of
determining the basis upon which the !
value was to be estimated. Held that
an appraisal made without opportunity |
afforded to the parties to be heard, was /
invalid.
A written lease in which material
matter was inserted after its execution.
held properly received in evidence, it
appearing that the parties had recUg-
nlzed the instrument as valid SUISSE
quent 10 sucn alteration.
Benjamin +. Tchupr, respondent, VS.. F. 8.
Hart, appellant Order affirmed.
Dickinson, J.