The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1898-02-03
S6ANL0N MORTGAGE VALID
Supreme Court ReverSeS Judge
Webber on All But the
Usury Question.
Holds that a Man Can Loan Money
Under an Assumed Name
Without Fraud.

The Supreme Court of Minnesota,
through Mr.. Justice Collins, filed a
decision last Wednesday in the case
of Mary Scanlon, respondent, VS.. John
B. Alexander ct al, defendants, John
Grimmer, appellant, in which Judge
Webber is reversed on every point, ex-
cept that of usury, and which practi
cally declares that the mortgage given
by Martin Scanlan and wife to John
B. Alexander, represented by Sylves-
ter Davis, is valid mortgage. The
Court winds up its decision by saying
Judgment reversed and a new trial
granted" but it's decision leaves no
room for a new trial. 1t is sweeping
and in every point declares that the
mortgage given is valid one, and
that the mortgagors must pay the
same.
In the four rules of law laid down
in the syllabus of the decision the
Supreme Court holds that a person,
not having a fraudulent or criminal
purpose in so doing, may enter into
any contract by any name he may
choose to assume. All that the law
looks to is the identity of the indi-
vidual, and when that is ascertained
and clearly established the act will be
binding upon him and others. In this
case Davis impersonated John B.
Alexander of Rock county, Wis. The
only object Davis had in doing this was
to avoid paying taxes on the mortgage,
but there was no evidence brought out
on this point to the effect that he was
seeking to defraud the State by that
avoidance.
The Court takes no cognizance of
the forgeries, ETC., connected with the
case. 1t merely looks at it from the
civil standpoint, and the question of
justice as between Grimmer and the
Scanlans. In it's opinion it's starts out
by saying: "An action to determine
adverse claims to real property, the
actual purpose being to set aside and
cancel mortgage thereon, OF Jan. II,
1897. purporting to have been executed
to one John B. Alexander, and after
wards assigned by Sylvester Davis as
attorney in fact for Alexander" Con-
tinuing the Court says:
"The primary and principal ques-
tion in the case grows out of the fact
that the money loaned to plaintiff s
husband, Martin Scanlon, who then
owned the land, belonged to and was
furnished by Dayis himself for the ex :
press purpose of making the loan, under
an agreement entered into by him with
one Gleason, who was found by the
Court to have been his agent in the
matter, and that for all of the neces,
sary purposes of the transaction Davis
should assume the name of John B.
Alexander; that the money should be
loaned to Scanlon as belonging to a
man bearing that name; that the note
should So be made payable, and that
John B. Alexander should be named
as mortgage in the mortgage. The
agreement was carried out. The note
and mortgage SO written, Davis de-
livered the amount of the loan, $4,000
to Gleason, in Scanlon's presence, and
the former paid out for the latter, up
on his authority in liquidating exist
ing liens upon the land, $1 800 and
$1,000. 1t appears that Gleason kept
the balance of the money for himself.
The note aud mortgage were delivered
to Davis, and by him the mortgage
was put upon record"
The Court then recites the transfer
of the land by one Scanlon to another
until it reached the plaintiff. The
assumption clause is also brought in,
whereby each agreed to assume and
pay the mortgage, and then it recites
Davis transfer of the land to Mrs.
Henningsen, Davis acting as the con-
stitutuent of John B. Alexander by
virtue of the forged power of attorney,
1t then says:
"The fact was. that Davis son
signed the name Of John B. Alexander
to the writing, purporting to be the
power, at the instigation of his father
and Gleason, the latter notary pub
lie, pretending to take and certifying