The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-08
THESE INTERPRET LAWS.
Court Hands Down a Num-
Der of Decisions.

The following decisions were hand
ed down by the supreme court yester-
day:
Northern Trust Co., as assignee of Louis F.
Menage, respondent, VS.. Crystal Lake Gene
terry Association ct al, defendant. Crystal
Lake Cemetery Association, appellant.
Louis F. Menage, respondent, VS.. Crystal
Lake Cemetery Association ct al, defen-
dants. Crystal Lake Cemetery Association,
appellant.
l. He'd, upon the facts appearing on the
hearing of a motion made by the defendant
to set aside and vacate a default judgment
entered In an action brought to ~foreclose a
real estate mortgage and for leave to answer,
that the court below did not err when 1t
denied the motion.
2. A judgment by default is attended with
the same legal consequences when cons1d-
ering the rules governing estoppel by Judg-
ment as II there had been a verdict for plain
tiff.
8. In an action to foreclose a mortgage,
the court having jurisdiction over the subject
Of foreclosure necessarily involves, as a con-
dit1on precedent to the right to foreclose, the
validity of the mortgage. The adjudication Is
final between the parties and a bar by
eStoppel to further controversy between them
upon that question. Orders affirmed.
Collins, J.
Carl M: Johnson, as administrator, ETC., Of
John Erickson, respondent, VS.. Celia Hoff,
as Administrative, etc., appellant.
l. Held, that the question argued by coun-
H0AJ 49, ~ SHS competency anu oo11Alo5AO11Aky W
admissions tending to- affect and bind the
estate OF a person under guardianship, on
account of habituRl drunkenness, made after
the lnqu1sit1on and appointment of a guardian
for the estate as well as the person, is not,
on the present record, before us for determin-
alton.
z. In a trial before the court, without q
jury, and for the purpose Of laying the
foundation for the introduction of testi-
mony given by a. witness-who was unable
to be present and whose deposition could not
he taken on aRN0lI0f-n f hic couoro illpoce-
at a former trial of the same case, respon-
dents offered in evidence the afidavits of two
physicians, and appellants counsel duly OBJ
1ected, whereupon the court stated evidence
received subject to the objection" No fur
Their ruling was made and the testimony of
the absent witness, as taken by the official
Stenographer at the former trial, was then
received in evidence without objection. Held,
that the statement of the court when OBJ
lection was made to the afidavits amounted
to nothing more than taking the objection
under advisement, and that as there was no
further ruling the question argued by counsel
and which would have been presented had the
GGurt oVeTruleo the objection, directly or in
directly, is not before US. Order affirmed.
John G. Johnson, respondent, VS. The Min
neapolis General Electric Co., appellant.
In an action brought to recover for per-
sonal injuries received by plaintiff while in
defendants employ, it is held, that, on the
evidence introduced by plaintiff, it was for
the jury to determine whether another en-
ploye, the superintendent of defendants plant,
was a vice principal at the time Of the &C
cldent and whether such accident resulted
from the negligence of such employee. Order
amrmed. Collins, j.
Leroy Brown, appellant, VS.. The Village of
Heron Lake, respondent.
Laws 1895, chapter 80, amendatory of G.
S. 1884, section 5138, first subda - did not oper-
ate as a repeal or amendment Of sec. 5136,
fifth subd., wherein it is provided that the
six-year statute of limitation shall apply to
actions for injuries to the person or rights Of
another not arising on obligation and not
hereinafter enumerated. The amendment
falls within the doctrine of ejusdem generis
and applies only to actions based upon wrongs
of a like nature to those specifically men
toned in section 5138 as it stood originally.
Order reversed. Collins, J.
]. R. Watkins, appellant, VS.. C.. o. Landon ct
al, partners as Landon & Burchard, re-
spondents.
The construction given of G.. S. 1894, sec.
5434, in Haas VS.. Billings, AZ Mimi, followed
and applied to the allegations of the complaint
herein. Judgment affirmed. Collins, j.
Ephraim B. Place and Jane c. Place, re-
spondents, VS.. st. Paul Title Insurance &
Trust Company, appellant.
Held. that the phrase tenancy of the
present occupants" stated in a title in
Surance policy as a defect in or objection to
the title against which the insurer does not
insure, must be construed as meaning the
tenancy which arises through the occupation
or temporary possession of the premises by
those who are tenants in the popular sense
in which the word tenant is used. The phrase
does not include the claim of a person who
asserting ownership in fee as against the title
insured is in actual adverse possession at the
time the policy is issued.
Held, further, that a condition precedent to
a right Of action upon the policy which pro-
hibited a recovery unless the insured had
contracted to sell the estate or interest COW
cred by the policy, and the title has been de-
clared, by a ~courtsof last resort of competent
Jurisdiction, defective or encountered by rea-
son of a defect or encumbrance for which the
company would be liable under the policy,
has no application to a case where the land
is held by another party in actual adverse
possession, and the insured has lost it abso-
lutely by reason of a defect in the insured
title. Order affirmed. Collins, J..
DISTRICT COURT ROUTINE.
New Cases Commenced-ActiOns On