St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-01-01
REILLYS HARD LUCK.
He Has Lost a Good Lot and
Has Only a Worthless
Judgment.
A Bad Man Bought His Lot,
Moptgaged 1t and Then
Skipped.
Judge Kerr Renders a Decis-
ion in a Big Real Estate .
Suit.
EIany Real Property and
Mortgage Suits Adjudi- .
Gated On.


Dittberner and others as defendants.
and Christian w. Schneider as inter-
venor. 1t is decided that the plaintiff
is not entitled to judgment lien
against the real estate of Mary Dit
berner. Christian w. Schneider is
adjudged to be the owner of the prop
erty, free from any claim of the plaintiff,
but the court adds that the reasons
Schneider is not allowed costs is to
teach him that it is. not profitable to
NEEDLE tn family affairs. 1t seems that
Fred Dittberner agreed to buy of Reilly
lot for $500, and took possession there
of, and built a house thereon. Dit
berner then gave mortgage on the lot
for 5000 Dttberner left the state for a
time, after telling Schneider that no
had obtained money Wrongfully and
failed to turn it over to Reilly, and the
latter secured judgment against Dit
berner for 1911. The land was sold to
satisfy the $500 mortgage, and Schnei-
der became the purchaser. Reilly did
not have lien on the property and he
must be content with simple Judg-
ment against Dittberner, who is i'll
solvent.
Judge Kerr has decided that George
G.. Cochran is not entitled to recover III
his action against A. K. Capehart, as
executor of the will OF Margaret ID.
PostIethwaite ct al. 1t is held that the
Netherlands American Land company
has lien on the real estate named in
the complaint which is superior to the
claim or interest of the plaintiff.
Cochran claimed that his mother, his
amt and his sister were to hold the
Cochran homestead in st. Paul during
their joint lives, with survivorship to
each of them. At the death of all the
property was to 90 to him in accord
ance with an agreement between the
women. Mrs. Postlethwaite mortgaged
her third interest for s., 0D6 This ac-
ton was brought to set aside that mort
gage. Judge Kerr finds that Cochran
owns two-thirds of the property, which
became vested in him through his sis
ter, Ursula Rose Cochran, and his
mother, Eliza ID. Cochran. 1t was also
the understanding that the one-third
interest of his aunt, Mrs. PostlethWaitc,
| should vest in him III her death, but the
agreement was not reduced to writing.
and therefore her mortgage is held to
| be good as against mere verbal agree
ment. Under the statute OF fraud,
which requires an agreement relative
agreement would not be good to the eX-
| cluSion of the mortgage.
Bessie S. Clark has begun an action
| against Joseph Il. Gilbert Jr. and f. o..
| Ingersoll to prevent the foreclosure of
| mortgage for $4,000 upon lot and
part OF lot 6, i'll block l, of Summit
| Park addition. The plaintiff claims
title to the lot ard has rendered defend
ants the amount of their mortgage, Civ
en- to them by Charles A. Dibble and
wife when they owned the property.
| Judge Kerr has decided that William
| r. TYLER and Henry l.. Williams have a
lien on the property of Mary Bartaeu for
| $4,000. This sum was for attorneys
fees, secured by mortgage. 1t is also
held that this lien is prior to the lien or
the Minnehaha Street Building associa-
ton, secured by Judgment.
Judge Kelly has ordered Judgment
for 81, 442, 03 in favor of Caroline Reuter-
against John j Mullen ct AL, and de-
| cides that she is entitled to have her
mortgage foreclosed to satisfy that
| amount.
McKibbin & Co. have garnlshed the
effects of Paul Meister in the hands OF
the Chicago, Milwaukee Il st. Paul Rail
way company to satisfy claim OF
1888. 80.
Judge Cornish has denied the motion
| for new trial of the case OF John e.
Hearn against Edwin S. Thompson.
The business transacted i'll special
term of the district court yesterday was
as follows:
Before Judge BrilI-In re assignment!
of Cabanne IL Breen; heard on appll,
cation to allow final report of receiver
W. H. Brown VS.. Harriet l.. Brown
hearing on application to modify former
order continued four weeks. Dwelling
Improvement Company vs.. William D.
WOolsey ct al; heard on application fol
mortgage foreclosure, In re assignment
of Fannie E. Morrell; final account OF
assignee allowed. In re assignment OF
Minnesota Sash and Door Company
heard on petition to pay preferred
claims.
Before Judge Egan-In re assignment
of p. j. Schmitz; assignee ordered tt
sell balance of assets and make re pori
of his doingS.
Appleby VS.. st. Paul City Railway
Company. Submitted on defendants
motion for new trial.
August Gronewald VS.. Peter Gallus
and the ''Omaha" Railway Company, a
garnishee. Submitted on an applica
ton TO discharge garnishee:
Bruggeman VS.. q. Willrich. Motion
for additional findings argued and sub
mitted.
Before Judge Kerr-Dennis Griffin VS.
St. Paul Brick and Manufacturing Com
pany. Partly heard on receiyershlp;
matters.
In re assignment of Ella q. and
Charles j. johnson. Account OF as
slgnee allowed.
Lorenz Fobyanski VS.. Andrew Sien-
ma. Ordered that plaintiff pay SIS as
cost of contempt proceedings and ap-
pear before referee.
Before Judge Kelly-Fred W. Baker
VS.. Henry Lang. Heard on an order Il
show cause.
CARING VS.. Horton. Cross orders t.
show cause; both discharged.
Tuesday, Jan. 5, is the last day OF
which Banks controlled by state law ar
allowed to receive deposits on which
mos. interest is paid July l, 1898. TIL
State Savings Bank, Germania Lif
l ctc will kaon