The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-12-29
William E. veazie, appellant, VS.. Elisha

verdlct was not justified by the evidence. Or
DER a1nrmed. Mitchell, ].
William E. veazie, appellant VS.. Elisha
Morse respondent.
Defendant had guaranteed the collection
of certain notes which he had transferred
to the plaintiff and which were secured by
mortgage on real estate the security, how
ever, being worth only part of the amount
due on the notes. After the notes became
due and were dshonored the defendant oral
ly promised plaintiff that If he would fore
close the mortgage and bid in the property
for the full amount due, if such foreclosure
did not result in the collection of the money
by redemption of the premises, he would
pay the plaintiff the amount due on the notes
and costs of foreclosure, the property then
to be decided to the defendant
Held, that this oral agreement was within
the statute of frauds both as an agreement
that by its terms not to be performed
within year and also as a contract for the
sale of land or some interest therein
Also, that 1t was not taken out of the
statute by the fact that plaintiff proceeded
and foreclosed and bid in the property in his
own name for the full amount due on the
mortgage. Order affirmed. Mitchell, ].
F.: c. Wiley respondent vs. George H.
Dean, appellant.
Findings of the court construed to mean
that certain promissory notes were taken in
absolute payment and extinguishment of
prior indebtedness.
Held, also, that the findings, as thus con-
strued, were justified by the evidence Order
affirmed. Mitchell, ].
A. M. Knight, appellant, VS.. William
Schwandt, respondent.
B, married woman whose husband had
deserted her, owned a tract of land subject
10 a mortgage which had been foreclosed.
Her agent to whom she had entrusted all
negotiations for the sale of her equity of re-
demption, represented to defendant that her
husband was dead. Relying upon this repre-
sentatlon defendant accepted her sale deed,
pald her $500 therefor and subsequently re-
deemed from the mortgage sale by paying
SI64, which the purchaser at such sale ac-
copied and retained without objection. Sew
eral years afterwards, it having been ascer-
tanned that BIS husband was still living plain
tln obtained quit claim deed from him and
ms wife and also another quit calm deed
from the purchaser at the mortgage sale
both for nominal considerations-and upon
these munments of title brought ejectment
against the defendant. Held upon these facts
mat while the deed from to defendant was
void and therefore defendant not a legal re-
demptioner yet the redemption by him
amounted to an equitable assignment of the
interest of the purchaser ACQUIRED under the
mortgage sale and that upon the expiration
OF the time Of redemption the defendant be-
came the equitable owner of the premises
and the purchaser at the mortgage sale a
trustee for him of the bare legal title; and
that both and such purchaser, as well as
plaintiff, their grantee, who bought with
n sn OF DEFENDANTS rights, are estopped
from asserting that the redemption by de-
| PENDANT did not thus operate as an assign
ment Judgment affirmed Mitchell j.
Alfred Chrstianson, respondent vs. Chicago.
st. Paul, Minneapolis & Omaha Ry Co..
appellants.
Evidence considered and held SUFFICIENT
TO Justify the jury in finding o. that de-
remnants servants were negligent; (2) that
such negligence was the proximate cause of
PLAINTIFFS injury; 90 that plaintiff was not
guilty of contributory negligence; "a that he
had not settled and released his claim against
the defendant for damages
Where an act is negligent the person COM
4 fo lioh PAu s,aI,,
1mately resulting from it, although he could
not have reasonably anticipated that injury
would result in the form way in which it
olo IN TACT happen. Order affirmed,
Mitchell ].
Farmers National Bank of Owatonna, re-
spondents, Hiram Backus ct al de-
PENDANTS. c. w. Burdic, appellant.
In an action to foreclose mortgage re-
celver pendente lite was appointed to col
lect the rents of the mortgaged premises and
apply them in payment of delinquent taxes
and interest due on prior mortgage.
Held, that the fact that pending the ac-
ton the holder of the first mortgage had
paid the delinquent taxes, added the same
to the amount due his mortgage fore
closed and bid in the property for the full
discharge of the receiver.
The purchase of the premises by the first
mortgage for the full amount due him
operated as a discharge of interest and taxes
as between himself and the mortgagor but
not as between the mortgagor and the second
mortgage. 1t merely increased by that
amount the sum which the second mortgage
would have to pay in order to redeem. Or
der affirmed. Mitchell /
Amelia Moratzky, appellant; 1877 VS.. 1880;
Carl Wirth, respondent.
This action was brought to recover dam
ages which the plaintiff claims she sus-
tanned by the defendants malpractice while
attending her as her physician during her
illness due to a miscarriage, in not reason
ably discovering and removing remnant of
the placenta. Evidence considered and held
that the question of the defendants negli-
gence in the premises was one for the jury
and that the trial court erred in dismissing
the action. Order reversed.
ALFRED j. HILLS ESTATE