St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-02-07

Sufficient to Establish a High
way.
down five decisions. all written by
Justice CAVITY. In four of the cases the
courts below are reversed.
In the case of J.Dieckhoff, spondent,
VS.. E. Fox Il Co., appellant, it appears
that Judgment was taken by default
against Kansas City lottery firm which
printed Oh the back of its ticket an offer
of $4,000 reward for the production of
any ticket bearing its signature which
has not been promptly paid upon pres
entaton to the firm. The ticket in
question, under the pretended rules of
the association, drew S15, 900, but pay
ment was refused on presentation and
also the offer of $4,000 reward for a
ticket upon which payment was re-
fused. But it was upon the latter claim
that Judgment was obtained. The SUI
preme court sets this aside on the
ground that contract based on Illegal
contract cannot be enforced. The syl-
labuS is as follows:
j. Dieckhoff, respondent VS.. E. Fox & Co.,
corporation. appellant. Order reversed.
CAVITY, j.
When an organization issuing lot
terry ticket puts on the back of it an Of
fer Of reward to any person produc-
ing any such ticket which has not been
promptly cashed by such organization
on presentation to ii.
Held that such offer of reward is
founded on and made in affirmance of
the illegal contract represented by the
face OF the ticket and to secure the per-
Torrance of that contract, and is itself
illegal and void.
The case of Hezekiah Hall, appella MT,
vs.. st. Paul, respondent, involves part
of two lots in the city which was and is
used as public street. An attempt was
made to eject the city or gain restltu-
ton for the use. The city claimed in
defense that the ground had been in
possession of the city for twenty years
last past. and used and improved by it
during all of that time. The city did
not satisfactorily prove possession, use
and Improvement for twenty years, but
did for more than six years. and under
sections AZ and 4S, chapter Is, G. S.
1878, that is sufficient to establish the
road as public highway, whether ever
laid out as such or not. The street must
remain until vacated 10y the courts.
The syllabus reads as follows:
Hezekah Hail, appellant. VS.. City of ST. Paul,
respondent. Judgment affirmed.
CAVITY, J.
Under an allegation in an answer that
the city has preScriptiVe right to
c in frat RI oil III = -
mas been III possession of the same and
has improved the same as public
street" evidence is admissible that it
used, kept in repair and worked; the
street for year. as provided in sections
AZ and AS. chapter Is, q. s. 1873.
The evidence held sufficient to sup
port the findings and judgment.
A certain assignment of error consid-
cred and held to he too Indefinite to raise
any question in this court.
In the case OF Dennis Kennedy, re-
spondent.vS. James McQuaid, appellant,
the order denying new trial is Re.
verSed. The case involves transfer of
eighty acres of land which plaintiff I'm.
dertakes to set aside on the ground that
the title deeiS were forgeries. He de-
MES that he signed the transfers and
brings his two sons as witnesses, one to
prove that he forged his fathers name
and personated him before the notary
public, and the other to swear that ne
saw his brother co mmit the forgery.
This was taken as conclusive evidence
by the trial court, though the defendant
offered to prove that plaintiff personally
presented the instrument for re cord,
adopting the forged signature as his
own if it was not his.
The syllabus of the decision re ads as
follows:
Dennis Kennedy. respondent VS. ames Nc
Quad, appellant. Or der reVer sed
CAVITY, j.
The principle applied that evidence
of suspicious character or coming
from witness who impeaches his own
credlbllity by damaging omissions is
not conclusive, though uncon tradicted,
and the jury are not bound to believe it.
Held that evidence of this character
pnrporting te prove that written in
strument is forgery is not conclusive,
though uncontradicted, but the weight
OF 1t Is question for the Jury
When the plaintiff pleads title in him.
self but alleging the source of the title,
the defendant cannot under general
denial in his answer prove that after
plaintiff acquired that title he conveyed
1t to third party, as that is not denial
but confession and avoidance.
The refusal of the court to allow de-
PENDANT to amend his answer near the
close of the trial held not error. Other
errors and alleged errors in the rulings
of the court below disposed of.
In fha foI oaco M
made to defeat a tax title which ripened
on the goth day of May, 1892, by placing
employees upon each forty-acre tract the
day previous, with instructions to sleep
upon each forty and travel over it every
day with view to preventing trespass.
1t was shown by witnesses that the en-
ployes did not 20 there for the purpose
Of improving the lands, nor fencing, nor
erecting buildings, but to obey orders,
stay awhile and come off. The court
held that this was sufficient to consti-
ture adverse possession. The supreme
court does not think so. The syIlab US of
the decision is as follows:
Musser-Sauntry Land, Logging and Manu-
featuring Company, respondent, vs. David
Tozer, appellant; Musser-Sauntry Land
Logging and Manufacturing Company. APP
pellant Vs. David IoZer, respondent.
order reversed. CANTY, j.
Camping in a tent on vacant and I'M
occupied land, and cooking, preparing
food and sleeping OH it for few days
or week, and watching it for several
weeks for the purpose of keeping off
trespassers and asserting title to the
land. but doing and intending to do
nothing else to improve the land or
subject it to any proper use, is not suff1-
cient adverse possession to interrupt
the running in favor of tax deed of
the statute OF limitations provided by
section 1l3S of the Revised Statutes of
Wisconsin.
Following is the syllabus in another
case:
Dennis Curran respondent VS.. Board of
County Commissioners of Sibey County.
appellant. Order reversed. CAVITY, j.
Where the county commissioners have