The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-16
SUPREME COURTS DICTUM.
Decisions Are Filed In u Quintette
of Cases.

The supreme court yesterday handed
down the following decisions:
Christ Knutson, Plaintiff, Northwestern
Loan G. Building Association, Defendant;
State of Minnesota, Intervenor; Annie G.
Patterson. ct al, Appellants; George E.
Maxwell Receiver, Respondent.
When by reason of losses, there was such
a deficiency in the assets of a building and
loan association that 1t could not mature it's
stock the purposes for which it was organized
could not be carried out, and the court pro-
ceeded to wind it up.
Held, this put an end to the contract be-
tween it and its members. at least so far
future performance was concerned.
Held further in adjusting matters between
it and its members the court should proceed
on the principle of RECESSION far as the
same can be equitably and justly applied. and
each member should, to that extent, receive
back what he paid and pay back what he re-
ceived.
But held it is the duty of each member to
bear his share of the losses and expenses Of
the association. and the expenses of the re-
ceiver appointed by the court; therefore, the
borrowing member is not entitled to set off all
that he has paid against the loan or advance
ment which he has received but a sufficient
portion of what he has so paid should be
held until final distribution. to cover such
losses and expenses, and only the rest of
what he has paid should be set off against
such loan or advancement, and the remainder
of such loan or advancement should be col
lected from him.
Held, it does not appear that the coaft be-
low ordered an unreasonable amount of what
each borrowing member paid in to be so
held to cover such losses and expenses Order
affirmed. -Canty, J.
Joseph Preiner Appellant, VS.. Peter Meyer,
Respondent.
On the facts in this case,
1. Held, the grantee Of the mortgagor is
not as against the mortgage, estopped from
asserting paramount title.
2. Certain certificates and letters Of the
register of the local land Office and the COM
missioner of the general land office. held to
be each the mere legal conclusion of the Off
to the legal effect of records in his Of
flee and as no weight as evidence.
3. Except hereinafter stated neither
party connected himself with the government
title.
The plaintiff mortgage proved that the
mortgagor was in possession of the land at
the time he made the mortgage; it appeared
that he subsequently conveyed to and deliver
ed possession to the defendant, who applied
to the officers of the United States land office
to enter this land as a homestead and his
application was pending at the time of trial
Under these circumstances, held. it cannot be
presumed that the title of the land is In the
United States, and a finding to that effect is
no sustained by the evidence. Order reversed.
-Canty, j.
Pabst Brewing Company. a Corporation, APP
pellant, VS.. w. w. Butchart, Sheriff OF st.
Louis County, Minnesota Respondent
chattel mortgage a retail stock of
goods provided that the mortgagor should
sell the goods in the regular course of bust
Less duu apply the pTOCe6uS III keeping up
the stock and defraying the expenses Of run
ming the business and that all of the balance
Of the proceeds should be paid to the mort
gage to be applied on the mortgage indebted
ness.
Held, the mortgage was on its face fraudu-
lent and void as to the creditors of the mort
gagor Order affirmed. CAVITY j.
Ludowic D. Hause, as Receiver of the St
Paul Athletic Park Association, Respond
ent VS.. Robert Mannheimer, Appellant.
In an action to recover the balance of an
unpaid subscription for stock held the de-
PENDANT recognized, dealt with and become g.
stakeholder in de facto corporation and is
now estopped from questioning it's existence.
or asserting that 1t never was legally organ
lied by reason of failure to comply with
the statute in filing with the secretary of
state proof of the publication Of it's articles
Of Incorporation. required by Sec 1884 G.
s., 1894. Judgment affirmed. -Canty, J.