The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-05-26
ton for the limitation of the common law liza
bility of the carrier. Order affirmed

Hugh White. respondent, VS.. the Leeds I'M
porting Company, ct al, defendants; F. ].
Porter, ct al, appellants.
tract OF land was subject to three liens
which attached in the following order: l.
Judgment; 2, mortgage to W. and 8, a
mortgage to P. The land was sold on an ex-
ecution on the, judgment and the evidence
OF the first lien, but relying on the false
and fraudulent representations Of his mortg-
agor that it had been paid and satisfied, he
not discover that the land had been cold
on execution until after the period of re-
demption. p, as mortgage, redeemed from
the sale.
:, In an action by w. to set aside the execu-
t w IS sale on the ground of the inadequacy
the notice of sale given by the sheriff and the
fraud OF the mortgagor. Held, that he was
not entitled to such relief even upon con-
dition of refundng to P. what he had paid
was a bona fde purchaser for value and could
not be deprived of the property rights which
he had acquired under the redemption.
= The fact that P. knew, or was chargeable
with notice of, the defect In the notice OF sac
and that the amount for which the property
was bid off (the amount of the judgmenD was
greatly less than the value of the Lard did
not deprive him of the character Of iona
fide purchaser Order reversed.
Mitchell, ].
David Swank respondent, vs. st. Paul City
hallway Company, appellant.
lease for the term of one year contained
a provision that if all of the two lots of which
the leased premises were part were not sold
or leased at the expiration of this lease then
said party Of the second part the lessee,
Is to have said lease renewed for the term
of one year more at Its expiration on the
same terms"
Held, that the covenant for renewal was not
mutual but the covenant of the lessor only
to renew If the lessee 80 elected. Judgment
reversed. Mitchell ].
nf fhn mi
National Bank, of Minneapolis appellant,
Vs. Seba S. Brown, defendant; Mississippi
and Rum River Boom Company, garnishee,
respondent.
The fees of the surveyor general for the per-
Torrance of his official duties are not sub
ject to garnishment. Order affirmed.
C. H. Smith, as insurance commissioner of
the State of Minnesota ct al, respondents,
vs. National Credit Insurance Company ct.
al, defendants, respondents; E. P: Strong
ct al, intervening defendants, appellants.
In an action Instituted by the insurance
fund deposited with him in trust for the
policy holders of the insurance company.
abuse its discretion in denying the application
of the stockholders to intervene and become
parties to the action. Order affirmed,
Mitchell, j.
L. A. Kertson, appellant, VS.. Great Northern
Express Company, respondent.
An order granting new trial on the ground
that the decision Is not sustained by the
evidence affirmed under the rule of Hicks VS.
Stone.
A memorandum filed by trial judge is no
part of his decision. Order affirmed.
Mitchell, ].
Mary F. Wheadon, appellant, VS.. Warren H.
Mead respondent
Held, that the findings Of the trial court
of certain evidentiary facts did not amount
to a finding that the defendant was guilty OF
either fraud or negligence in the performance
of his duties as plaintiffs agent in lending
her money on real estate security.
Also. that the evidence was not such as to
require such finding.
Also, that, upon the facts mortgage
executed by vendee to a third person must
be deemed as given to secure the purchase
money. Order affirmed. Mitchell }.