The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-08
RIGHTS IN REALTY.
Supreme Court Lays Down Prece-
dents for Owners.

Supreme Court Lays Down Prece-
dents for Owners.
Justice CAVITY, of the supreme court,
yesterday handed down five decisions,
In one of which he reverses the Judg-
ment of the trial court as to the rights
of the vendor in the forfeiture or con-
tracts for the sale of real estate. Prop
erty rights are also involved in the suit
of the Pioneer Savings and Loan asso-
citation against the ST. Paul, Fire and
Marine insurance company which In
volved the rights of mortgages in in
surance moneys. made payable to them.
The syllabi of yesterdays decisions are:
Knud E. Mo, respondent, VS.. George Bettner
ct al, appellants
For an action by the vendor to have an ex-
ecutory contract for the sale of real estate
declared forfeited.
Heid-Even though time is made the es-
sence of the contract the vendor cannot, after
he has waived tsrict performance, enforce
forfeiture without giving such notice OF
reasonable opportunity to perform. Judgment
reversed. -Canty, j.
Pioneer Savings and Loan Co., respondent,
VS. st. Paul Fire and Marine Insurance
Company, appellant.
L. Where a policy of fire insurance, in
surfing the mortgagor, loss if any payable TO
the MORTGAGE was issued, and it provided
that ii the property is sold or any change
takes place in the title use or occupation
without written PERMISSION in the policy,
the same shall be void, and also provided
that as to the mortgage, the insurance snail
not be invaltdated by any act or neglect OF the
mortgagor, nor any change in title or posses
sion, provided the mortgage shall notify the
insurer of any change of ownership which
shall come to the mortgagee's knowledge, and
10 new sir irpdn od
policy; during the term of the policy, the
mortga gee fcceclosed the mortgage and &C
CURED title to the property; thereafter and
during such term a loss occurred.
Held, the provisions of the policy as TO
a change of title which should come to the
mortgages knowledge, have reference to
a change transfer OF title or possession
to a third person. not to one from the mort
gagor to the mortgage by foreclosure
2. Dispositions were taken on a stipulation
which waived all objections except to the
comp etency, relevancy and ma eriallty OF the
testimony; the parties appeared, examined and
cross-eXamned the witnesses and took and
had noted certain objections to the testimony.
Held, party could not on the trial take
otEeF objections to other parts of the testl-
mony. Order affirmed. CAVITY j.
w. l.. Elwood appellant, VS.. S. S. Saterlie
ct al, respondents.
1. Hed-The verdict is sustained by the
evidence.
2. The statements of third person in pos
session of property to whom he holds 1t
for, or as to who is the owner of it, are not
hear-say, but competent evidence to prove the
facts stated; they part of the res gestae
and characterize the possession.
3. When issue in the case has been sub
mtted to the jury and they have made a
special find ng on the same, which is con.
elusive of the rights of the parties, II that
finding must stand, it is immateriai that
the court may have erred in its manner OF
submitting to the jury another separate and
distinct issue. Order affirmed. -Canty, J.
David Chambers ct al, appellants, vs. Will
lam G. Gilbert ct al, respondents.
/ On an issue of whether not certain
loan was usurious,
Held, the decision is sustained by the evil
dence -Canty, ).
John Ely. appellant, VS.. Andrew J. Randall,
respondent.
A certain lease construed and held not to
be lease merely for the term of five years,
but for such length Of time as the lessee
shall personally perform tae conditions speci-
fed. Judgment affirmed. -Canty, J.