davidaulloa/AmericanStories huggingface dataset:
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
Adonram Clark, respondent, vs.. Charles
Butts ct al, defendants; Mary Browning.


appellant.
Syllabus AS between the mmedi,'e
parties deed executed with the name of the
grantee left in blank is of force effec-.
2. The parties to whom said deed was
delivered held against the gran ees thrsin
a note for 5000, which they then surrendered,
but 1t was at the same time agreed that they
should be allowed to commence action
against her for the amount of the note and
obtain judgment therein.
Held, under these circumstances, the note
was only surrendered up in form and st
furnished basis for the action so brought
upon 1t.
3. In an action In the municipal c3u,t Of
st. Paul the judgment roll was made up and
transcript of the judgment as entered in
the roll taken from that court and filed AMI
docketed in the district court of Ramsey
county before any judgment was entered in
the judgment book in the municipal court
He'd, the judgment or copy thereof in the
judgment roll became thereby the i'll Ign en-.
of the municipal court; is valid, though ir
regular and the transcript of it fl ed in the
district court is also valid.
lockwood VS.. Davenport 81 MINI. 5S3, over
ruled.
4. Where the purchaser at a foreclosure sale
accepted from the sheriff the money paid
him by Judgment creditor to redeem the
property,
Held, such purchaser thereby waived de-
feet in the notice OF redemption fl ed by
the creditor, and waived also the failure o;
the creditor to present to the sher IF an affi-
davt of the amount due on the judgment, an
could not recall such waiver by returning t.
redemption money to the sheriff seven OF
versed and a new trial granted.
FANNY 7
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
TO CURE A COLD IN ONE DAY
Historical society Books.

Take Laxative Bromo Qunlne Tablets AL
druggists refund money II it falls to cure. 25c
The genuine has L. B. Q. on each tablet.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

mings, N. D.; A. NJ. Belding. Osakis. Mimi.
b. Rose, Lisbon; Andrew Thomson. Gill
man man; III; j. R. Barron, Niagara FATS: A.
Jacobson Alexandria; N. A. johnson and
wife, Valley City. N. D.; A Earll Tacoma:
Z. b Johnson, Wellington, Wash: d. B. vii,
son and wife. Cascade Tunnel: w. ]. Winror
ana wife, W. H. Burch, Kalispell: e. p.
Howrehan takefeld; H. S. Vosburg. Luz
verne; W; a. Cane and wife, ST. Peter;
W1NDSoR-G. H. Culver, Britton, S. D.;
robert Duncan, New York: Miss o. c. Hav-
den, Albert Lea; Chester Savage Pipestone;
oscar Coburn. Cottonwood; Nes Jensen.
Plpestone w. NJ. Shields Pioestone: Archie
Day, Cottonwood; Bert Eastland Marshall:
John Steward, Pipestone: George Christian
son. Cottonwood; Alvin Stange.und. Mar
shall: o. c. Kemp and wife, Chicago:
Mrs. E. R. Clark. Helena, Mont: Mrs. 5. L.
Wheeler, Knoxville, Tenn; o. E. Vdder. VIII
son, Wis; w. E: Magner, Duluth: T. s.
Campbell, West SUPERIOR Frank D. Hin
Pine Island; j. ]. Fannings, city; Edward
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

set apart for him in school house of the
district suitable and proper ROOM and such
a one as his purposes reasonably require.
The burden, in case of any controversy, Is
upon the school officers to show a bona hde
compliance with the statute. Order affirmed.
Start. C.. J.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
Ladies' LaundeYed Waists

ESQ Stylish Waists, made in the
best manner, excellent materials,
pretty colorIngs, all with detach-
able collars. 75c and $l.0O IN
values. Choice from 2 till s9yC
d. m. wv
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
Quebec and Return, $50. 90.

Pilgrimage to st. Anne de Beaupre q NILS
from Quebec leaving Minneapolis and st.
Paul July 10Th, with return limit of August
81. Round trip rate $50. SEQ Line Ticket
Office. 1893 Robert ST.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

Nels E. Ramgren, respondent, VS.. Phillip Nc
| Dermott Co., appellants
Syllabus-Held, that the evidence herein
| does not sustain the verdict Order reversed
Start C.. l.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
ANNOUNCEMENTS.

ANNOUNCEMENTS.
~~~~~~-~-N~~~~N~-~~~S~-~~~
Notice.
THE BOARD OF EQUALIZATION OF RAM
sey County, Mimi, will meet at the Coun
at 10 o'clock a. m. They will continue to.
meet for the period of four weeks from said
date d. M. Sullivan, County Auditor.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
AT THE HOTELS.

ASTORIA-George Dresser, Chattanooga;
Alex. Thomas, Pipestone II. NJ. Pfesoy Burt,
fany New Carlisle, Ind; ]. C. Hunt, Chi
cago: James Moak, Milwaukee.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
Wash Goods Dept.

Extra specials from 2 to 4 p. m.:
$500 yards of Mozambique lis
sue and Corded Dimities, 4
worth 10c yard. At &c
From 4 till 6 p. M:
$1,000 yards of best American Per-
Gales, 36-inch wide, fast colors and
pest styles, consisting of White
Star, Sea Island and India brands,
worth everywhere 1Oc and
1212c yard. At 4 &C
s-Extra salespeopie and extra
selling space. None sold to deal
ers.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
PAY FOR SHERIFF WAGNER
SUPREME COURT DECIDES HE
GETS THE FEES

Another Decision on the Salary
Law, Which Is Still UncOnstitu-
tiOnal-Abstract Clerk BaziIle
Entitled to His Straight Salary
of $4,000 u Year-DecisiOns
Filed in Other Cases.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
tier. Department,

Just received large lot Of Fresh
Made Dairy Butter to sell at
only 49,. ................ .14D16c
bib Jars of Fancy Creamery. 1Sc
Fancy Full Cream Brick Cheese,
by whole brick ................... 10c
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
|. HSENNENGER Mat CO.
WHY NOT GET The BeSI2

AT the Head of Eighth Street.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
DEATHS.

DEATHS
LUDWIG-At her home, $40 Minnesota street,
July 18th, at p. M. Mrs. Kate Ludwig
Funeral from the cathedral at 10 o'clock
Monday morning, July 18th, 1898.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

We have it. Our Prices Are Right
SATURDAY QUOTATIONS..
Fresh Dressed Hens. 1Oo
Choice Kidney Roast Veal .12ho
Sugar Cured Hams, any size... Sc
Breakfast Bacon. by strip. &c
Dressed Young Spring Ducks..... 15c
Boned Roll Roast Beef, Boston
style -. ............ 12k3
Prime Shoulder Beefsteak ....,. Sc
Good Slrioln Beefsteak. .......... .12hc
Good Mutton Chops, 10c, or lbs
FOR Observation-Disclosures. Csc
Picked Beef, plate pieces. ... 4c
Lamb, stewing pieces ........ 4c
eO-lb can of Pure Kettle Rendered
Lard go. ..................... $500
io-lp pail OF Pure Lard. ........., 75c
"A Gooo cut or Roast Beef. ........ 10c
Boiled BAN, homeless (by whole
mann -. ......... ................. lie
Picked Pigs Feet ...........,. &c
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

Anna E. I. Won Hemer, respondent, VS.. Oscar
L. Taylor ct al. defendants, Nora w. Tay-
lor, appellant.
Sylabus-Where the title of record to land
was solely in the husband, but, in fact, the
wife was the equitable owner of an undivided
interest therein, and both executed mort
gage thereon to secure the debt of the hus-
band, she is not entitled to assert against
the mortgage the rights of surety to the
extent of her interest in the land unless the
mortgage had notice of such interest when
he extended the time of payment of the debt.
The mere fact that she joined in the covenant
of seisin in the mortgage does not charge
the MORTGAGE with such notice. Ord at
frmed. Start, c. j.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

Anna E.. Howard. appellant, VS.. John Burns,
respondent.
syllabus-Rule applied that the purchasers
of mortgaged premises are entitled to have
them applied to the satisfaction of the mort
gage in the inverse order Of alienation:
The holder Of the mortgage, knowing that
third party has acquired an interest SUISSE
quent to the mortgage in a portion of the
mortgaged premises, is put upon inquiry as
to the equities, of such third party before
gratuitously releasing the other PORTION; if
he fails to make such inquiry before he
releases, and the portion so released is suff1-
cient in value to pay the whole mortgage debt
and such third party was entitled to Fave that
portion applied first to the payment of the
debt the mortgage is in equity satisfied as
to his PORTION.
But where for several years portions Of the
mcrtgaged premises sufficient to pay the
whole debt were from time to time released on
payment of pro rata shares of the mortgage,
and the third party having such an equity
failed to assert 1t or warn the holder of the
mortgage Of her equity. although she had
business dealings with him in regard to her
portion, held, the trial court was justified
in finding that the holder of the mortgage was
not negligent in failing to make such inquiry
and that the mortgage is not in equity sat-
isfied as to her portion. Order affirmed.
-Canty, j.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

Robert B. Nuttng, administrator, etc. APP
pellant, VS.. City of st. Paul. respondeat
Sylabus-A plated street which has never
been opened for public travel crosses a creek
just above where the creek has by the city
the head of the sewer fell into the water was
carried down into the sewer and was drowned.
Held, The city is not liable. Order affirmed.
-Canty, j.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
State ex rel. Edward W. Bazille, respondent.
VS.. Dennis NJ: Sullivan, auditor of Ramsey

OF Education of School District No. 6, of
Swift County, respondent.
Syllabus-Section 3745, G. S. 1894 relating
to the use of school houses by county SUPER
intendeuts construed and held: That the SUI
perintendent cannot arbitrarily and absolutely
designate any school house school room he
sees fit for the examination of teachers there
in; but he has the right of selection in the
first instance, and when the school officers
receive notice of such selection if there are
good reasons why they cannot grant him the
use of the particular room selected, they must
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

FOR FINE SAUSAGES
REMEMBER WE ARE HEAD
QUARTERS.
ALL OUR OWN MANUFACTURES.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

NJ. Settings and vile, Cum
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16

Washburn Memorial Orphan Asylum, appel
liant, VS.. State of Minnesota and Beard of
County Commissioners of Hennepin County
respondents.
of public charity are not. under section of
article of the constitution. exempt from pay
ing special assessments for local improve
ments on their property used for such pur-
poses. although such property is exempt from
general taxation. Order affirmed.
-Canty T.
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
Kid Glove Specials,

LOO pairs of White and Natural
Chamois Gloves treal wash leather),
two-clasp fastenings, the regular
: ss III p a. M: per s'S''''' fro" Soc
Extra quality Csc Black ~
Silk Mitts, from 2 till 6 sAr
The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-07-16
Michael Keogh, respondent, VS.. G. c. Wen
drlS afa

delschafer, appellant.
Syllabus. Where a motion for a new
trial is made on several separate grounds an
assignment Of error to the effect that the
court erred in denying the motion raisss No
question for review.
2. This was an action to recover for serv-
ices in making certain tex appointments
and statements, rendered by the plaintiff to
the defendant, in connection with their quar-
terly settlements while they were county au-
ditor and treasurer respective ely. The trial
court refused to give this ms ruction:
IF at the time the plaintiff Performed the
services in connection with the making Of the
settlements between the audi or and the
treasurer he did SO under the belief m s.
taken or otherwise, that the performance
thereof was part of his duties as county
auditor, and the performance thereof was
permitted and accepted by the defe ndant un-
der the belief, mistaken otherwise, that
the performance of such services was a part
of the duties of county auditor, the plain. if
cannot recover In this action for the value
of such services"
Held, that the law will not imply a promise
to pay for the services contrary to the inten-
ton of the parties, and that the refusal was
error Order reversed. Start, c. j.
The herald., 1898-10-20

their opposition to the probate Of the viii
alleging that the property Of Mrs. Kerr
acquired under the will of her late husband
was held By them in common during theil
lifetime; that contestants were heirs at
law of the decedent and interested in the
estate. Allegation was made that the will
filed for probate was not the last viii and
testament of Mira. Kern, and that they were
informed and believed that she was not oi
sound mind at the time of signing the same
and that they did not believe the docu
ment was written and signed by her ct all
Furthermore, Mrs. Kern was alleged by
these contestants to have been un,
straint and undue influence at the time the
will was alleged to have been executed by
her, Prayer was made that the document
purporting to be the will of Mrs. Kern
should not be admitted to probate. All these
objections were denied, as having any
foundation by Saunders, and the cause was
brought on trial on its merits.
A. w. Hutton appeared as counsel for
Saunders, Flint & Barker for the public ad
ministrator and Mulford & Pollard for the
other contestants At the hearing yester-
day a formidable pile Of papers was pre-
sented in the case and numerous photo
graphs of the will as well. Contestants rely
largely upon the errors in the spelling OF
Saunders and Stassforth's names in the
alleged will and upon the penmanship of the
same, which is alleged to be quite different
from that of Mrs. Kern.
The cause was argued and submitted.
The herald., 1898-10-20
CONTESTED WILL CASE
Rival Claimants for the Estate of the
Late Mrs. Kern

The hearing in the matter of the estate of
Kate Kern, deceased, came off yesterday
before Judge Clark and attracted some at
tention on account of the contest instituted
by interested parties. Mrs. Kern died on
February Ia, 1898, and the public admins
traitor filed petition four days afterward
for letters of administration of her estate,
III which its value was given rs $30,000 Oi
this amount personal property >consisting OF
notes and mortgages and money in bank tc
the value of $l0,000 was specified, and GER
tain lots and land in this city were shown
to constitute the balance of the estate The
heirs were said to be unknown to petitioner
On February 20, the petition of John S
Saunders was filed, asking for the probate OF
an Photographic will left by the deceased, ii
which disposition was made of the property
owned by her. The will, filed with the>peti
tion, contained bequest of house and lot
on seventeenth street % Paul Strassforth, a
house and lot on Washington street to Kate
Anderson, and devising all other property
to John ;. Sanders. BY this petition the
value OF the estate was estimated at $40, 900
and the interest of the deceased in the prop,
erty was said to be subject to the admin
istration OF the estate OF Paul Kern. the de.
ceased husband OF Kate Prayer was made
in this petition for letters testamentarv tc
be issued to petitioner in accordance with
the terms of the will.
The contest, filed March l, asked that oc
tion on the application of the public admin
istrator be deferred until the hearing on the
petition for probate of the will.
On March II, Paul and Kate Worth. Mary
Aeees and Sophie Bittner filed notice O
The herald., 1898-10-20
DIVORCE OPPOSED
Family Left Without Support but Not
Free From Husband

Judge York was engaged yesterday in the
trial OF the divorce suit of Annie P. Sher-
man vs. H. M. Sherman. Being well ad-
vanced in years, the troubles of the plaintiff
as rehearsed attracted some attention
about the court, especially as defendant is
opposing the granting Of decree. Evi-
dence elected was to the effect that de-
fendant went east a couple of years ago to
attend the funeral of his mother, his wife,
Notwithstanding her opposition to his jour
ney, advancing $50 which she had borrowed
toward the payment of his travelling ex.
penses At the same time she told him if
he went he might stay. Defendant stayed
for some time, being deferred from coming
by his wife's expressed desire that he stay
in the east, which she had repeated by let
ter after he left Los Angeles.
The $50 borrowed he had returned, but for
"a long time had done nothing for the SUBJ
port of his family, though an expert rail-
way and stationary engineer. Testimony
showed he was constantly getting drunk,
and was abusive to his family, and not
withstanding his wage-earning ability and
pension of SIG month, his wife was left
to rustic for herself at the washtub and by
sewing for wages in the attempt to keep the
family together. Suit was for divorce on
the ground of desertion and non-support
The court held that the plea of desertion
was brought about in part by funds ad-
vanced by plaintiff, but argument was di-
rected to the plea of non.support. The
cause was submitted.
The herald., 1898-10-20
ESTATE OF A. W. FRANCISCO
Petition for Probate of Will Shows al
Estate of $46,55O

The estate Of Andrew W. Francisco, de
ceased, came before the superior court for
settlement yesterday on the petition of
Albert n. Francisco, Andrew W. Francisco
ir:, and Thomas j. Street for the probate OF
will. The value of the estate is given as
s46.550, and the will, designating petitioners
as executors, directed that burial should
be made by the side of the wife of deceased
in Rosedale cemetery, without ostentation
or extravaganza" Provision is made TO,
the payment of all Just debts.
The solitaire diamonds will to deceased
by his wife are to be sold, the proceeds tc
be used in modestly designating their
graves and in caring for the same. After
the payment of all obligations the residue
of the estate is bequeathed i'll equal portion.
to the six heirs-Albert n. Francisco, Asf
c. Francisco, Mrs. Mamie Ol5ey. ]. Bone
Francisco, Andrew W. Francisco, jr., ant
Mrs. Beatrice Francisco Pemberton, al
children of the deceased
The will is dated August 3, 1895. and il
entirely in the handwriting of the deceased
The herald., 1898-10-20
DEATHS


BRoDRICK-At the family residence. Oc'
tober 10, 1883. William J. Brodrick, a
native OF England. aged 81 years.
Funeral from late residence, 1895 South
F1gueroa street. Thursday. October 20. 1888
at 1:3o o'clock o. m. Thence to st. vincent's
church. corner Washington and Grand ave-
nue., where services will be held. COM
mencing at o'clock p. m. Interment. New
Calvary cemetery. Friends invited.
HAYNES-At his residence, 929 South Main
street. Los Angeles. at $3.50 p. m, Oc.o.
Der IS. 1898. DR.. Francis L. Haynes. aged
lS years.
Funeral at the residence at 10 a. m. Thurs
day. Friends invited. Interment, private
at Rosedale cemetery.
ROwLEY-At Downey. Cal. October 18TH
Nettie c. Rowley, wife OF DR.. Quin tin
]. Rowley.
Funeral from the home, 10 a. M. Thurs.
day. October goth. Interment at Evergreen
cemetery, Los Angeles, at 80 p. m.
The herald., 1898-10-20
sowA, sAnxa powpsa %, nsw yoas.

ceny, with prior conviction, and found
guilty. 1t was shown that the Chinaman
stole q watch, valued at $25 or $50, the prop
erty of Fred Griesbeck, who lives at 49,
Macy street. In order to show that de
fendant had been previously convicted, a
clerk of the police court was summoned foI
the prosecution, and took the stand in the
morning to testify thereto. He presented
the records of Justice Morrison's court
wherein it appeared that one All Sen had
been convicted Of petty larceny, and the
fact developed that the information did not
state that prior conviction of the defendant
had been effected under different name
than that attributed to him on the present
trial.
Attorney Ling objected to the evidence
of former conviction going before the jury
and Mr.. McComas admitted that the infor
nation might better have stated the con.
fusion in names, but thought the. record
should nevertheless be admitted In the case
After various propositions from Mr.. Ling,
that the jury be instructed to acquit, that
the case be dismissed, ETC., an adjournment
was taken till afternoon, at which time
Judge Smith instructed the district at
torney to proceed on the trial of the case
The evidence was placed before the jury and
a verdict of guilty found. Sentence will be
pronounced next Monday.
The herald., 1898-10-20
Spencer Sentenced

ID. e. Spencer, the bunco sharp, who
helped A. B. Campbell to swindle Fred Sea
grave out of $500, was ladled out SEN
tence by Judge Smith yesterday of ten
years Imprisonment at San Quentin. Camp
bell received sentence few days ago OF
Imprisonment for the same period in the
same place for his share in the transaction,
and will have the pleasure of travelling in
company with Spencer to his future place
of residence. The cash recovered, amount
ing to nearly $3.50, will doubtless be paid
over to Seagrave eventually, but notice OF
an appeal having been filed by counsel for
Spencer, the money will be held pending the
decision on appeal.
The herald., 1898-10-20
SUES HIS sTEPDAuaHrER
Old Man Asks Cancellation Of Deed
Signed Unknowingly

George D. Kinne complains to the su-
perior court that after the death of his
wife, Annie M: Kinne, last March her
daughter by former husband, Ester R.
Bennett, induced him to sign deed in con-
sideration Of ''love" only, by which he con-
veyed away upknowinsly to her lot Of the
subdivision of lot of the north half Of lot
7, block 73 of Hancock's survey, the same
being the property of his deceased wife. He
claims that the paper presented to him for
a waivor of his legal right to administer upon
her estate and petition that Mrs. Ben
nett be appointed az such administrator.
Plaintiff AYERS that he is 80 years of age
and that his hearing and vision have been
very weak and imperfect. Not having his
spectacles with him, he signed the papers
without reading them. He sues for de-
cree of court setting aside this uninten-
tional conveyance and declaring the same
null and void
The herald., 1898-10-20
FEDERAL COURT NOTES
Cases Of Long Standing on Trial
Yesterday

The United States district court was oc.
cupied the last two days with the cases Of
William K. Sullivan, receiver for Chicago
building and loan association, against I. a.
Baker ct al. The association went into liqui-
dation and five suits were begun in 1897
against parties in this vicinity to settle dis
pute as to the amount Of money paid in and
Collins was attorney for the plaintiff and nd
J. II. Shankland represented the defend
ants. The cases were submitted on briefs.
R. Fl. Higton, well known attorney Of
San Francisco, arrived yesterday to appear
in the cnse of Grain against Berkeley, which
will come up in the Federal district court
today.
The herald., 1898-10-20
Mitigating Circumstances

ens Ana"st uhs So Who was tev
arrested on the charge of disturbing the
peace of his son-in-law at Pico Heights. 1t
will be recalled that Kowalskey's wife had
separated from him and went to her son-in-
law to get her personal effects at the camp
|of her husband at Ballona. Kowalskey
sought to secure the goods removed and
|created a racket, on account of which ar
rest was made. A suit for divorce was
instituted by his wife on the day of his
hearing and Justice Young apparently
thought the defendant had troubles enough
without being punished for disturbing the
peace.
The herald., 1898-10-20
SALE OF REAL ESTATE
Marshal Osborne Disposes Of Property
Involved In Litigation

United States Marshal Osborne sold some
real estate yesterday to satisfy Judgment
secured by Wells, Fargo & Co. against the
John F. Cutting Canning company. The
property consisted of two lots in the
Wheeler tract, which sold for $2250 each;
some shares Of stock in San Francisco
banking company, the total amount realized
being $500, bid in by the Wells, Fargo com
baraa today and San Luis Obispo tomorrow
to sell additional property in same case
The schooners Mary Gilbert and w. 8.
Phelps will be sold at the Southern Pacific
wharf in San Pedro on October 81, at p. m.
The schooners were fitted for the Klondike
trade, to run between Puget sound and
Alaska. Considerable interest is being
taken in the sale by seamen.