St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-19

menced said action, the debtor knew
he was insolvent and the creditor had
reasonable cause to belive that the
debtor was insolvent, but that during
the tendency of the action, the debtor
remained passive and neither hindered
nor facilitated in any manner the OBJ
tanning Of said judgment.
Held, the statute imposes on the in
solvent debtor the duty of preventing
such preferences, and from the facts
so found it appears that the lien of said
Judgment on said real estate is an I'M
lawful preference and should be set
aside.
EVIDENCE SUFFICIENT.
Margaret M. Morse, appellant, VS.. The
Home Savings and Loan Associa-
ton of Minneapolis, respondent. Or
der affirmed. START, Z. j. r.
/. G. S. 1878, chapter 81, S. S. A, As
construed.
Held, That the stipulated attorneys
fees in a mortgage are no part of the
debt secured, and the mortgage has
no right to any portion of them, eX-
cept to indemnify himself for such
reasonable sum, not exceeding the
amount limited by the statute and
named in the mortgage, as he actually
pays, or Internationally incurs for the
services. of an attorney in forecloSing
his mortgage.
9 Held, That where a corporation
employed a firm of attorneys to fore
close its mortgages, and actually pays
them for such services the amount
stipulated therein as attorneys fees,
it is legally entitled to retain the
amount so paid out of the proceeds Of
the mortgage sales as indemnity for
such payment, although one of the
members of such law firm was, at the
time, a director of the corporation
and its general attorney, receiving,
salary from it under a contract which
provided that for foreclosing mort
cages he should receive the attorneys
fees stipulated in the mortgage.
8. Evidence considered and held to
support the findings of the court.
APPELLANT IS OWNER.
Ole ]. Haven, respondent, VS.. Birth
Hoaas, appellant. Judgment re-
versed. START, C. J.
1. Held that certificate of sale of
school land, made by the commissioner
of the state land Office, pursuant to
G. s.. C. 5S, S. s. in a conveyance within
the meaning of G. S. 1873, c. 43, S. 7,
prohibiting resulting trusts.
3. Certain school land without the
knowledge of the appellant, was sold
to her, and the usual certificate of
sale made and issued, by the commits
sioner. in which she was named as
grantee, such sale was so made to
her, at the request of the respondent,
and he paid the consideration for such
certificate of sale.
Held that no trust resulted in the
respondents favor, and that the ap-
pellant is the owner of all the right
and title in and to the land conveyed
by the state in and by such certificate.
QUESTION FOR THE JURY.
William L. Nichols, appellant, VS.. Chi
cago, Milwaukee & st. Paul Railway
Company, respondent. Order re-
versed. CAVITY, J.
The plaintiff was employed by the
defendant railroad company as wiper
in it's roundhouse, and was called by
the foreman to assist in straighten-
ing a wire cable used to pull a pillow in
uIllOdulllSS 81 dNSl llOllI Cal III IC-
pairing the road; the cable was being
pulled by a locomotive engine, to
wh:c!: one end of it was attached,
while the other end was attached to a
fixed object; the cable caught on the
end of a tie and became taut; fellow
servant pulled it off of that end Of the
tie, when it swung with great force
against plaintiff and broke his leg.
Held, the plaintiff was injured by
reason of exposure to hazards peculiar
to the repair and operation of rail-
roads, and under chapter 10, General
Laws 1887, the railroad company is
liable for the negligence of it's other
servants, if plaintiff was injured by
reason of such negligence.
Held, under the evidence, it was a
question for the jury whether plaintiff
was injured by reason of the negli-
gence of such other servants.