The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-18

MISSILE as original eveidence if made under
circumstances precluding any suspicion or
Misrepresentation.
But held in this case that such declarations
made two years before the alleged act were
too remote and the trial court did not err in
excluding them.
court excluding evidence to the declara-
tons of the assured as TO his health made
prior to his application were, If erroneous,
corrected by afterwards allowing the defen-
dant to give such evidence.
5. The defendant offered in rebuttal GER
tain written statements of the assured as to
his Incorporate habits; held that these adj
missions at the time they were offered was
matter of discretion with the trial court
and that it did not in excluding them.
g. The court instructed the jury that the
presumption was that the policy was valid
until the contrary was made to appear, and
added, This is only one form of saying that
the burden of proof rests upon the defendant
and not upon the plaintiff to show that the
policy is not a legal and binding contract as
it purports to be-" Held that the instruc-
ton as whole was not erroneous.
Z. The assured warranted the truth of his
answers made in his application, and the
trial court instructed the jury that he was
bound to answer accurately so far as he
undertook to answer. but that his warranty
could not be extended beyond his answers
as actually given
Held that the instruction was correct. and
that certain requisites to charge which were
not in harmony Herewith, were properly re-
fused.
s. Evidence considered and held that it
sustains the verdict. Order affirmed.
Start, G. J.
Grant Wyatt, respondent, VS.. Mary G. Quinn
by appellant.
L. The defendant, assignee of a mort
gage on land owned by the plaintiff fore
closed the same by advertisement by a sale
Of the premises, at which she was the pur-
chaser. After the sale she paid taxes, which
were due at the date of the sale, on the prem
1ses so purchased Held, in an action by the
plaintiff to recover an alleged surplus Of the
proceeds of such sale, constituting S. S. 1913,
6O46, G. S. 1894, that the defendant was not
entitled to retain from such proceeds the
amount of the taxes so paid,
2. The attorney foreclosing the mortgage
included in his affidavit of costs and dis
bursements filed pusuant to S. 6031, G. S.
1884. statement of the amount of the taxes
paid. Held, that such affidavit was not ad-
missable in evidence to establish the fact
and time of such payment.
g. Evidence considered and held to sus-
tain the findings of the fact of the trial
court. Order and judgment affirmed
Start, c. ].
Security Bank of Minnesota, appellant, VS..
Willis j. Holmes ct al, respondents.
A covenant, against membranes, which
are money charge the land, runs with
the land, and an action may be maintained
thereon by remote grantee who has dis
charged the membranes. althoug such COW
enant IS one of the covenants in q mortgage
through which he acquired his title to the
land by purchase thereof at foreclosure
sale. Order reversed. Start. G. ].
j. Morgan Bennett, as assignee of the New
Columbia Athletic Club, insolvent, appel
liant vs. George H. Knowles as constable
OF Minneapolis, respondent.
l.. Every assignment for the benefit of
creditors whether made under the assignment
or insolvency laws of the state is void unless
duly acknowledged
2. The acknowledgment of deed for cor
porauon can only be made by some officer
or representative who has authority to eye
cute 1t for the corporation and the certificate
tnereof must either substantially follow the
form prescribed by statute or If some other
ioll i Is USED, IL must appear prima facie from
such certificate, when read in connection
with the deed, that the person making the
acknowledgment was authorized to execute
the deed for the corporation.
O. Rule applied to the deed Of assignment
lor Inc dement, OF creditors in question in
this case and held that such deed was not
6uiy acknowledged, and Is therefore void.
Order affirmed stars n
e.. S. Brown, appellant, VS.. The Union Depot
Street Railway Company ct al. respon-
dents.
Upon the facts in this case 1t is held that
p Iha,,,d by ms acts, or silence when he
should have spoken, DUNG the tendency Of
certain proceedings under G. s. 1894 Oh re
intentionally or by his culpable negligence in
yucca another party to purchase property at
a ieeeiver sale In good faith and In the
DeneI That certain mortgage lien on a mart
OF the property had been or would he exN
uhgulshed by such sale. And as against
good faith purchasers from said party and
subsequent membranes cannot now be
heard to deny that the mortgage lien was
eXtingu1shed by the sale in an action n
1oreciose said mortgage as the equitable own.
er Oh the same. Order affirmed.
Collins, ].
Z. c. Tourtelot, receiver of the Chemical No
Qonal Bank OF Chicago. respondent. VS..
John B. Bushell, appellant
Held following Tourtelot VS. Reed 81 NJ
w. R. 92S.) that mere notice to an indo~rer
| OIL negotiable paper, for value. before ma
| turlty, IN the usual course of business that
me same Is accommodation paper, will not.
without more. prevent him from being an
! innocent purchaser in good faith and that
| the evidence Is conclusive that such indorser
! in this case was such an innocent nurchaser
! Order affirmed. -CoIIins
| G. A. Kipp. appellant VS.. George II Ell
| WELL respondent.
In so far as laws 1893, CHI 1870. undertook
to confer jurisdiction upon the district court
! 10 proceed as against lands upon which the
state had lost its lien for taxes and had nc
! color OF right to enforce collection thereof
1t was unconstitutional because not due pro-
cess OF law. Judgment affirmed
Collins, ].
The large patches of decisions
handed down Wednesday and yester-
day almost clean up the calendar of
the present term. Judge Buck has a
few opinions which have not vet beer
decorated with his signature and
Judge Collins has few which are
awaiting his return from a short trim
These, however, will no doubt be filed
within two weeks, after which the
judges will be through until the first
OF September. The record of the courI
Tor the present term shows that the
judges have disposed of $50 cases. OF
which 155 have ben affirmed. 20 revers.
ed and four modified, while in one
certain portion of the lower courts de.
cision were affirmed and others reyers.
ed One writ has been quashed. one
writ of custer issued, one case has
been settled and five appeals dismissed
Hereafter until the opening of court
in the fall, the Office of the clerk viii
be closed on Saturday afternoons.