St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-05
ARE ALL BY COLLINS
Six Brief Decisions Handed
Down by the Supreme
Court.
ONE OF SOME IMPORTANCE
Involving, as 1t Does, the
Title to Certain Real
Estate,
AND DEFINING THE RIGHT
OF Attorneys in the Premises
log Lien Law Constitu-
tiOnal.

preme court nOlQlnS Indl Wien d
party has contracted to convey GER
tain real estate to another in salts
faction of a debt, the title to be made
satisfactory to the attorneys of the
latter, or the contract to be null
and void, the attorneys cannot be
permitted, in the absence of a sub
stantial defect in the title, to abrupt
ly declare the title at an end, after
the party who is to convey, or cause
to be conveyed, has expended quite
an amount, and has credited large
sums of money upon notes held by
him in obtaining deeds and other in
struments demanded by the attor-
neys. and after there has been per-
Torrance to such an extent that can
ceiling the contract will work ire
trievable injury The title and syl-
labus Of the case follows:
Involves Title.
John Boyd ct al. ,partners as Boyd,
White e Co., appellants, VS.. Morris
L. HalloWell Jr ct al, partners as
NJ. L. Hallowell Jr. & Co. and
Samuel P. Snider, respondents.
Syllabus-When a party has con-
tracted to convey, or cause to be
conveyed, certain real estate to
another in satisfaction of debt,
the title to be made satisfactory to
the attorneys Of the latter, or the
contract to be null and void, the
%
the absence of a substantial defect
in the title to abruptly declare the
contract at an end, after the party
who is to convey or cause to be con-
Veyed has expended quite an amount
and has credited large sums of
money upon notes held by him in
obtaining deeds and other instru-
ments demanded by the attorneys,
and after there has been perform
ance to such an extent that cancel
ing the contract will work irretriva-
bic injury, and after the attorneys
have made requisition for deeds
and other instruments to complete
the title, which have been furnished
and have, at least by implication,
stated that if such deeds and in
struments were forthcoming they
would be satisfied with the title.
Order affirmed. COLLINS, J.
Law CONSTITUTIONAL.
Jonas F. Brown, appellant, vs.
Joseph M. Markham, respondent
Syllabus-F irst-The log lien law of
1876, G. S. 1878. chapter 80, sections
63 to II, inclusive, is constitutional.
Second-A judgment for the plain
tiff in such an action does not pre-
clude the owner of the logs from de-
nying the right of the plaintiff to a
lien upon them in an action brought
to recover the logs, or their value in
case recovery cannot be had. But in
such action the judgment in the
original proceedings to establish the
lien, regular on it's face, must be
held valid unless the contrary affirm
atively appears, and all reasonable
presumption consistent with the rec
ord must be made to sustain it.
Third-The writ issued to the sher-
if in this case contained all that was
required by the statute. The re-
turn of the sheriff Endorsed thereon,
a copy being filed, also contained
all that was contemplated by the
statute, but, in addition, the sheriff
certified that he had attached all of
the right, title and interest of the
defendant in the described logs.
Held, that the irregularity in the
return should be disregarded, and
that it was sufficient to give the
court jurisdiction over the logs to
the extent necessary to proceed to
a judgment establishing the lien.
Order affirmed. COLLINS, j.
Seizure Was Legal.
Thomas R. Foley, appellant, VS..
Joseph M. Markham, respondent.
SyIlabus-First- Brown VS.. Mark
ham, this term, followed as to the
constitutionality of the log lien law,
G. S. 1878, chapter 80, section 63, ct
seq.
Second-The action to enforce the
lien was commenced in Hennepin
county, in the Fourth judicial dis
trict, and the surveyor generals
office, in which the mark upon the
logs was properly recorded, was in
the same county. The writ of at
tachment was directed to the Sheriff
of AitlSin county, which county is
in another judicial district The
logs were actually in Aitkin county
when constructively seized by the
sheriff Of that county, and he made
the return to the writ and caused
the certified copies required by the
statute to be filed in the office of
the surveyor general.
Held that the seizure was legal
and valid under the provision of
section IS, chapter 80 supra. Judg-
ment affirmed. COLLINS, J.
Order Reversed.
Walter A. Wood Harvester Company
appellant, Andrew Ramberg, respond
ent. Syllabus-First-A certain rul-
| ing of the trial court by which the de-
| PENDANT was permitted to testify that
| when he gave written order to de-
| PENDANTS agent for one of its harvest
| erS and binders, in which order was
| the usual warranty Of the machine, he
| expected to get a machine like one
which had been exhibited to him by
the agent before he gave the order
| held erroneous.
| Second-The court charged the jury
that the exhibited machine became an
| integral part of the contract and the
| standard by which to test and compare
| the machine actually furnished.
Held error, and further that such
| charge was not justified by an in
struction previously given at the in,
stance of plaintiffs counsel, or by any
| evidence III the case. Order reversed.
COLLINS, J.