St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-05-08

trict OF Missouri. Afflrmed. Opinions
Caldwell, circuit judge.
Charles Paxsou. ct al. appellants, vs..
Sarah Brown ct al; appeal from the
circuit court of the United States for
the Eastern district Of Kansas. AT
tirmed. Opinion by SanLorn, circuit
judge.
of deposition are incompetent and IT.
part of the deposition is competent and
relevant.
Thu certificate of the county recorder
Endorsed on deed under section $40.
Mansheld's Digest of the Laws of Ar.
kansas, to the effect that such deed has
been filed for record in his Office is com
petent evidence of the fact stated in the
certificate.
The destruction of the county records
by lire does not affect the constructive
notice of their contents which the pre-
vious record OF deeds therein gave to
all persons under section $40, supra.
An insOlvent debtor, his creditors and
his assignee, may by agreement waive
the provisions OF the assignment laws
OF the states relative to the filing of in
ventOrieS and bonds and the methods of
sale. and authorize the property of the
debtor to be disposed Of under an as
signment valid at common law.
In case in which property of
debtor has been sold and conveyed to
third parties for value, and in which
the proceeds have been distributed to
the creditors under such an assignment
with the consent Of the debtor, the
creditors ana the assignee. the asSignOr
and those claiming under him are
estopped 10 attack the title Of the pur
chaser on the ground that the inveh-
tories and bonds required by the state
statutes were not filed. or OH the ground
that the sale was not made in the mau-
her prescribed by those statutes.
William +. Crabtree. plaintiff in error,
VS.. Jane McCurtain, administrative. In
error to the United States court in the
Indian territory. Affirmed. Opinion
by Sanborn. circuit judge.
Errors not assigned within six months
after final Judgment in the court below
will lie dlsregarded in this court under
rule IL, following United States VS..
Goodrich, q. c. A. l60, 81 Fed. 21.
Robert j. Stirrat ct al, appellants. VS..
Excelsior Manufacturing Company; APP
peal from the circuit court of the United
States for the Western district Of Mis-
souri,.
The use Of water heating device for
stoves and ranges, described in letters
patent No. 35Sl2S TO O'Keefe & Filiey.
dated Feb. %, 1887. is not all infringe
ment of letters patent No. 357S74 to
Robert j. Stirrat and Robert G. Stirrat,
dated Feb. Is, 1887.
The Iron Silver Mining Company.
plaintiff in error, VS.. Peter Campbell ct
al; in error to the circuit court of the
United States for the district of Colo
RADIO. Reversed. Opinion by Sanborn,
circuit judge.
Under section 272 of the Colorado
Code of Civil Procedure, 1857, the de-
feated party In all action to recover the
possession of real property, who has
never had new trial Of his case as of
right unoer that statute, is entitled to
the vacation of any Judgment made
against him and to new trial of his
case without showing cause. If he pays
the costs before the first day of the term
next succeeding the rendition OF the
Judgment and makes proper application
for its vacation, regardless of the num-
Der of new trials he may have had for
cause.
Charles N. Dietz. plaintiff in error. vs..
Richard H. Lymer. receiver. etc. In
error to the circuit court of the United
States for the district of Nebraska.
Affirmed. Opinion by Thayer, district
judge.
The Kansas & Arkansas Railway
Company, plaintiff i'll error, vs.. Thomas
II. Morton. In error to the United
States court in the Indian Territory.
Affirmed. Opinion by Thayer, district
judge.
United States of America, plaintiff in
error, VS.. Thomas }. Carr ct al. In
error to the circuit court of the United
States for the district Of Wyoming.
Affirmed. Opinion by Thayer, district
judge.
James NJ. Dewese Jr.. appellant, vs..
Jacob R. Reinhard.= Appeal from the
circuit court of the United States for
the district of Nebraska. Affirmed.
Opinion by Thayer. district judge.
Robert II. Hunt ct al. plaintiffs in
error. VS.. The United States. In error
to the district curt of the United States
for the Western district of Missouri.
Affirmed. Opinion by Thayer, district
judge.
Charles NJ. Newcomb, plaintiff in
error, VS.. Imperial Life Insurance Com
pany, error to United States circuit
court. Eastern district of Missouri.
Affirmed and costs of appellate court to
be equally divided. Opinion by Judge
Caldwell.
James &. Adkins. interpleader,
plaintiff in error, VS.. w. & j. Sloane,
error. to United States circuit court,
Western district of Missouri. Petition
Of plaintiff in error for reheaiing de-
MED. Opinion by the court.