St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-02
ADJOURNS Sine Die
The Supreme Court Hands
Down Fourteen UnimpoF-
tant Decisions.
AND IN FIVE INSTANCES
The Rulings Of the Lower
Courts Are Relentlessiy
Sat Upon.
THE COURT TAKES A REST
And Puts Over Until the GEN.
eral Term All Cases
Not Set.

The supreme court, before ad-
journing yesterday, handed down
fourteen decisions, all written by
Justice Mitchell. Five Of the cases
are reversals, and in the remaining
nine the judgments and orders OF
the lower courts are affirmed. The
court has adjourned sine die, and all
cases that were not set for hearing
at the opening of the present, will
be continued until the next general
term of court. The lot of decisions
handed down, although it includes
several cases that have been eX-
pected for some time, does not con-
taia any of very great importance,
and the titles and syllabi follow:
Order Reversed.
St Anthony Lumber company, ap-
pellant VS. Bardweu, Robinson Co, re-
spondent Syllabus. Held that, upon
the evidence, the question whether
the vendees Cthe defendants) has &C
cepted personal property as perfor-
nance of the contract of sales so as
to bind them to pay the contract price
was for the jury.
The contract construed and held that
defendants were entitled to a fair aver
age in quality of all the logs described
in the contract as belonging to the
plaintiffs on the upper Mississippi and
it's tributaries and not merely OF such
logs as in fact come down into the
boom at Minneapolis.
The measure of defendants damages
caused by the inferior quality Of the
logs delivered was the difference be-
tween the market value of the logs de-
livered at the various dates of delivery
and the market value, at the same
dates of logs of the quality called for
by the contract. Order reversed.
MITCHELL, ].
NTOrtGaGed FreHniaes.
William r. Travers, respondent, VS..
Russell R. Dorr and Louise B. Dorr,
appellants. Syllabus-Where the mort
gagor conveys the mortgaged prem
Uses subject to the mortgage the
land becomes, as between the mort
gagor and his grantee, the primary
fund for the payment of the mortgage
in other words, the relation of prin-
cipal and surety is created between
the land and the mortgagor, and if
the mortgagor pays the debt he is en-
titled to be SubroSated to the rights OF
the mortgage under the mortgage.
Hence, if the mortgage, with knowl-
edge of the conveyance, gives a binding
extension of time to the grantee with
out the consent Of the mortgagor, the
latter is released to the extent of the
value of the land. Judgment reversed.
MITCHELL, j.
Must Accept the Tender.
Bertha Rother, appellant, VS.. John
Monahan, respondent. Syllabus-A ten
der does not eXtinguish the lien Of
judgment; but if a judgment creditor
wrongfulIy refuses a lawful tender Of
the amount of his judgment, and,
while the judgment debtor still holds
himself ready able and willing to
pay the amount, persists in using his
Judgment for the purpose of redeeming
the land of his debtor from a sale on a
prior lien, such as of the judgment, is
wholly in his own wrong, and the court
will set aside the attempted redemption
and compel the judgment creditor to
accept the tender and satisfy his judg-
ment Order reversed.
MITCHELL, ].
AS TO q Check,