St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-05-02

which it owned in the territory OF New
Mexico. Subsequently John K. Wood
burn, who was citizen of New Mexico,
sued the land company and Anton
SchindelholZ, one of its directors, in
the courts of New Mexico and attached
the ranch for $4,000. This suit was
upon bond executed by the land COM
pany. in which Schindelholz was a
surety. WOODBURY. having recovered
Judgment against SchindelholZ and the
land company. SchindelholZ paid the
judgment of SCI, 3G1 and caused it to be
assigned to John G. Benkleman for
his benefit. Subsequent to the
appointment of a receiver Schin-
delhOlZ caused a suit to be
brought by attachment against the land
company in the courts of New Mexico
on certain notes of the land company
which he held. This latter suit was
brought in the name of Benkleman, but
for the benefit of SchindelholZ, and a
judgment was duly obtained against
the land company, which was lien on
the ranch.
Thereafter the receiver filed bill
against SchindelhOlZ and Benkleman,
who were citizens OF Colorado, in the
circuit court for the district of Colorado
to compel them to release the lien of
said judgments upon the New Mexico
ranch. SchlndelholZ was party to the
suit in which the receiver was appoint
ed. The circuit court directed Schin
delnolz and Benkleman to release the
liens. Held, reversing the decree Of
the circuit court, first, that the decree
appointing receiver had no eX
traterritorial effect; that Vending
acquired valid lien on the
New Mexico ranch, and that Schindel-
holz by subrogation became entitled to
the benefit OF such lien and to enforce
it pursuant to the laws of New Mexico.
Second, That as SchlndelholZ was
party to the suit in which the receiver
was appointed, and had asked to have
receiver appointed, he was not entitled
to enforce the second Judgment that
was obtained OH the notes III the name
of Benkleman; that without reference
to the character of the receivers title to
the New Mexico ranch. the circuit court
had power to restrain Schlndelholz
from taking any action which would
obStruct the receiver in obtaining
possession of the ranch and might en-
JON him from enforcing the lien Of the
Judgment to the detriment of other
creditors of the land company who
were parties to the suit in Colorado to
uqulQate ltS a1alGS.
a. Courts Below Endorsed.
Northern Pacific Railroad Company,
plaintiff in error, VS.. Ole j. Egeland.
defendant in error. Action to recover
damages for injuries sustained by the
defendant in error i'll getting off train
while in motion. Held, that it is not an
invarlable rule that person who gets
on or Off train while in motion is
guilty of contributory negligence. Held
further, that when a person gets off
train pursuant to the order of
it's conductor moving slowly past
station where the person desires
to get off, and in so doing
sustains injury-it is question OF fact
for the jury whether in so doing he was
guilty of couJributory negligence. Opln-
ion by Judge Thayer affirming decision
of the court below.
John Glaspie, plaintiff in error, VS.. j.
S. Keator ct al, defendants in error.
This was, an action brought by j. S.
Keator and son, citizens of Illinois,
against John GlaSpie, citizen of Min
ntsota, 10 recover 500, 800 damages for
fraud and deceit practiced in the sale OF
about 1900 acres of pine lands situated
on the st. CroiX river. Held, affirming
the Judgment of the lower court for
$4,000. that there was some evidence
tending to establish the fraud COM
planned of, and that the issue of fraud
was properly submitted to the jury.
Opinion by Judge Thayer affirming de-
ciSon of court below.
1t was claimed that John Glaspie en-
tered into conspiracy with Edwin st.
John, who was the agent of Keator u
Son, to effect sale Of pine lands, we'll
knowing that there was a much smaller
quantity of standing pine than repre-
Sented.
Land Grant Suit Barred.
Southern Minnesota Railway Exten-
sion Company, appellant. VS.. The st.
Paul q Sioux City Railroad Company ct
al, appellees. This was bill in equity
filed by appellant to divest the appel
lees Of title to a large tract of land
patented to appellees by the state of
Minnesota between the years 1867
and 1876 as a part OF their land
grant. Appellant claimed the lands
as part OF the lands granted to it by an
act of congress approved July 4, 1866, to
aid in building railroad from Houston,
Mimi, to the western boundary OF the
state. The lands sued for lie Within
the appellants granted or place limits.
1uC1 oloO klO uAlS uPPOLlNNo IN
IDENTITY limits as defined by acts of con-
gress approved March 3, 1857, and May
IL, 1864. Held, first, that the suit is
barred by a suit previously brought by
the appellant against the appellees in
the district court of Mobiles county,
state of Minnesota, to recover the same
lands now sued for; and second, that
the action is also barred on the ground
of laches. Opinion by Judge Thayer,
affirming decision of the court below.
st. Louis Southwestern Railway Com
pany ct al, appellants, VS.. l.. l.. Stark,
interyenor, appellee. The appellee filed
an intervening petition i'll the circuit
court for the district of Arkansas to
compel the payment of judgment
which he had recovered against the st.
LOUIS, Arkansas d Texas railroad, out
of the proceeds of the sale of the latter
road, which had been sold pursuant to
decree of foreclosure. Held that the
intervenor's demand was properly al
lowed and ordered to be paid; held fur
Their. that as no appeal had been taken
from the order requiring the payment
of such demands out of the proceeds of
the sale, the question whether such de-
mands were or were not of preferen-
tai character could not be considered
Oh the present appeal. Opinion by Judge
Thayer affirming decision of court be-
low.
Orders Entered.
Charles Shuman. appellant, VS.. j. W.
Albright. Appeal from United States
circuit court. Southern district of Iowa.
Motion of appellant to relnstate case
and for leave to file assignment of errors
denied.
Germania Iron Company ct al. vs..
The United States. Appeal from United
States circuit court, district of Mime
sofa. Cause advanced and placed on
calendar on motion of counsel for ap-
pellants and set for hearing June 29.
George w. Elder, appellant. VS.. Rich
mond Gold and Silver Mining Company.