The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-27

An even half-oozen decisions were
handed down yesterday.
In two the holding of the lower court
was reversed, and in another case the
order was modified.
In the case Of J. w. Pinch, respond
ent, VS.. John McColloch, appellant, the
judgment of the lower court was af-
firmed. The suit was brought to set
tie a dispute of long standing over the
payment of a second mortgage, which
q third party had assumed and agreed
to pay. The court held that the hold
er of the second mortgage was not
bound TO redeem the first one, and that
his mere passive failure to enforce the
payment of his debt from such solvent
guarantee did not discharge the de-
PENDANT from liability to his promise to
pay the second mortgage.
The court further holds that the
statute of limitations of the defend
ants promise to pay began to run from
the day the debt was assumed, and not
from the date Of promise.
The supreme court reVerseS the de-
cision in the suit of ]. A. Wright, ap-
pellant, against the Vineyard Metho-
dist Episcopal Church Of Hutchinson,
MINI. The court discharges the ha-
bility Of Wright, personally, for the
purchase Of the church organ, as the
purchase was ratified by the church,
Inc SNIlaD1 Oh UnS UeClSloliS ldhueo
down are as follows:
Florence Loveridge, as administrators OF
the estate of Nancy J. Loveridge, de-
ceased, respondent, VS.. R. NJ. Coles, ap-
pellant.
third of certain land and her children
two-thirds thereof, of which they inherited
from their father She gave to the de-
PENDANT a bond for deed wherein she COW
enanted for herself and her heirs to convey
the land to him. and died without perform
ing her covenant. Held, that the children,
her sole heirs, are not bound by her COW
enant, far it purports to AFFECT the IN
terest in the land which they had when
the covenant was made, and they are not
bound to convey such interest to the de-
PENDANT.
q Where a vendee, in an executory
contract for the sale and purchase of land,
executes his notes for instalments of the
purchase price, and takes bond from the
vendor conditioned to convey the land to
him when the whole price is. paid, his prom
ises, as to all of the instruments except
the last, are Independent, and in an action
prosecuted, before the last instalment ma
lures, to recover on one or more of the
notes, it is not a legal defense to such
action that the vendor has not then
good title to the land
8. If the veneee in such a contract
may rescind, before the last instalment be-
comes due for the reason that he was in
duced, by the misrepresentation of the
vendor as to his title, to make the con-
tract Ia question not decided, he must
surrender his bond and the possession of
the land taken by virtue of the covenants in
the bond or offer so to do.
4. Held that the defendant In this
case did not establish facts emitting him
either to a rescisson Of the contract or any
other equitable relief. Order affirmed
Start, c. ].
Charles D. Campbell and Patrick Doran,
respondents, VS. Sarlpel Loeb, appellant
Evidence considered and held that 1t does
not sustain the assessment of damages
made by the trial court. Order modified
Start, c. ].
Pauline Mueller, respondent, VS.. Grand
Grove, State of Minnesota, United Ancient
Order OF Druids appellant.
A motion herein for trial on the
ground of newly discovered evidence was
heard and determined by the trial court
On conflicting afidavits: Held, that de-
NAL OF the motion was not error. Order
affirmed. Start c. ].
State of Minnesota, respondent, VS.. Henry
Henderson, appellant.
The trial court instructed the jury: az
you have reason to believe that any one of
the witnesses, who have testified here, have
testified falsely, you have right to dis
credit his testimony entirely Held, re-
versible error. Judgement reversed.
Start