Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1894-01-05

Icy and-are cured. Hon. r. N. Stevens
is here closing up some matters before
the department. He hopes to get every.
thing arranged so as to be able to join
his partner in the new Bismarck Law
firm as 0 as Nj. Williams shall have
been relieved by the government from
further responsibilities in. connection
with the Office Of surveyor general.
Steve seems to be quite anxious to get
back to the "peace and quiet" of the cap
ital city, made famous all over the world
by that ''seven hills speech Of Steve's in
the constitutional convention, when the
bill for the permanent location Of the
capitol was under Discussion.
Col. Whitford is another old time Bis
marcker who seems to be enjoying him
self in the nations capital. He is con-
Quoting q bank in the great Central
market Owe whose destinies ex-Gov-
ernor Ordway presides. Mrs. Whitford
and the children are we'll and living in a
palatial residence near the capitol. I
have met many people who have at some
period of their existence been residents
of Bismarck, mention Of whom 1 will
make at some other time. M. H. j.
More Decisions.
Two more decisions were handed
down in supreme court this morning.
The first was in the case of Jessie b.
Fisher, plaintiff and respondent vs..
Bouisson, Bouisson and Herman, de-
PENDANTS and appellants, appealed from
Ramsey county. The original action
was to %foreclose a mortgage, and the de-
PENDANTS demurred to the original com
plant, on the ground chat it failed to
state a; cause of action. The demurrer
was overruled and the defendants APP
pealed. The suficiency of the com
plant is also attacked on other grounds.
Tie syllabus is as follows:
An allegation that a mortgage has been
assigned to plaintiff, coupled with an aver
ment that plaintiff is the holder and owner
OF the notes secured by the mortgage suf-
tciently shows title to the notes as well as
mortgage In the plaintiff, although the
notes and mortgage appear to be payable
to another person. q
A complaint upon it's face must show
whether any proceedings have been had: at
law or otherwise for the recovery of the
debt secured by the mortgage. Such COM
plant must show that no other proceed
lngs b those referred to therein lave
Deen had for such purpose. Therefore,
Held, that an aver ment that no other f0re=
closure proceedings had been instituted
than proceedings to foreclese by advertise
ment. which had been enjoined, is not a
compliance with the statute (Sec. 1884,
Compiled Laws and the complaint is
therefore vulnerable to demurrer.
Ihe order W ruling the demurrer is
reversed apd the demurrer sustained.
The other case is that of the James
River Lumber company, plaintiff and
appellant, We. Henry Danner, defendant
and respondent appealed from Stutsman
county. The case is a contest for
priority of lien between q MORTGAGE of
real property and the holder of a me-
chanics lien thereon. In the lower court
the MORTGAGE was successful The ap.
pellant does not challenge the ruling of
the lower court in 80 far as the land itself
is concerned, but insists that his lien on
the building IN the land is prior to the
mortgage. The syllabus of the court Is
as follows:
The priority of lien on a building given
to one who furnishes material, as against
an existing i%ncumbrance on the land by
the provisions of Section $3.50, compiled
laws, does not exist unless the building or
Improvement on which such priority of
lien is claimed was wholly erected subse.
Quently to the attaching Of the lien of the
encumbrance and the lien claimed to BIZ
prior thereto is for work done or material
furnished in such erection. Such priority
OF lien exists only when the holder Of such
lien can have the building or improvement
sold or removed from the land without
unlawfully invading the rights of the earlier
incumbraDcer.
The decision OF the lowe- court is in
all things affirmed.
Bought a Washington Paper.
A special from Washington to the
Minneapolis Journal says Editor Jewell,
OF the Bismarck Tribune, recently state
printer in North Dakota, and A. s. Cape
hart, who represented the Journal at
Bismarck and wat private secretary to
Governor Burke, have purchased the In
ventive Age and Industrial Review, of
Washington, a paper founded by James
+. Dubois, and they will continue the
publication. An attempt will be made to
have it a guide to mechanical experts.
In speaking to the Journal to-day Jewell
stated that he would not relinquish his
interest in the Bismarck Tribune, o
would he give up his residence in North
Dakota. He imagines that hs will be
able to carry on his business here and
conduct his Bismarck paper with The, aid
OF Editor Foley, who is now in charge.
When Baby was sick, we gave her castor,a,