The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-06-29
RIGHTS OF saUATTERs.
Supreme Court Adjudges How Far
They May Go.


The supreme court handed down four deci-
sions yesterday. One was In one of the
Hastings and Dakota land grant cases, and
is in favor of the company, or rather OF Rus
sell Sage, the nominal plaintiff. christopher
Larson sQuatted on the land and claimed
title by adverse possession, not only to the
land he occupied but that adjacent where
he had done nothing except to cut wild hay.
The court holds that he had no rights in the
latter property. The syllabi of yesterdays
decisions are:
Russell Sage trustee, respondent, VS.. Chris
topher Larson, appellant.
l. The possession of one who enters upon
the land of another as a mere naked tres
passer is limited to much thereof he
actually occupies, and he cannot claim title
by adverse possession to wild and unenclosed
land adjoining that actually occupied and
used by him, from the mere fact that he
cut natural hay thereon and let his stock run
over and pasture upon 1t.
2. Evidence considered and held that it was
not sufficient TO require the trial court to
submit to the jury the question, whether the
defendant had acquired title to the lands in
controversy by adverse possession.
Order affirmed. Start, c. ].
Ada Phelps, respondent, VS.. William C. Sar-
gent, ct al, appellants.
l. An instrument, whereby the maker for
value received promises to pay to the payee
therein named order a certain number of
dollars on certain day with interest payable
semi annually in which 1t is also provided that
If default be made in the payment of inter-
est the principal, at the option of the holder,
snail become due, is negotiable promissory
note.
2. general guaranty by the payee Of the
payment of such note written thereon,
Iasses with the assignment and delivery of
the note to the holder thereof; following Har-
bord V. Cooper, 43, Mimi. 466.
3. Such guaranty was in these words For
value received, L hereby assign, indorse and
transfer the within note, and guarantee pay
ment thereof, and all interest to accrue there
upon at maturity, according to is terms
Held that this last clause refers to all of
the stpufatlons OF the note as to the time Of
It's payment and that a cause of action ac-
crued on the guaranty when the maker de-
! fauted in the payment Of interest and the
holder exercised his option to treat the prin-
clpaI CT the note, as due.
Order affirmed. Start C. 7
Levi D. Kellogg. respondent, VS.. Austin F.
Kelly ct al, defendants; Charles NJ. Han
son ct al, appellants.
real estate mortgage, executed before but
not recorded until after the mortgagor has
mace an assignment for the benefit of his
state, is void as to the assignee in so far a.
ne represents such creditors. He has the
same right to avoid such a mortgage as cred
fors would have had IL they had ACQUIRED q
men on the mortgaged premises by attachment
or judgment. Judgment reversed
Start. c. J.
ii. NJ Mclean and George E. Bryant. CO.
partners as Mclean, Bryant & Co.. VS..
Z. R. Sworts, defendant; S. C. Tooker &
Co., garnishee, rex pondents
l. section 530s, General Statutes 1894, which
provides that, the service of the summons
upon the garnishee shall attach and bind ali
property belonging to the defendant in his
hands at the date Of such service, construed
Gnu emu nelu, mat the garnishee cannot be held
Ior property coming to his possession or con-
Irol after the service of the summons in the
proceedings against him.
T. where judgment is asked against the
disclosure Uhi oh
eVasfVe, 1t Will not be granted if the dis
bility. " LIS i''-
he;u, that the trial court did not err In
denying the motion of the PLAINTIFF for indg-
ment against the garnishee in this case.
Order affirmed. STARE