The Redwood gazette., 1900-07-11
VERDICT SET ASIDE.
And Judgment Given In Favor OF
the Fldelities Company.

ment, Notwithstanding the verdict
Of the jury, in the case of Francois
& Schmahl VS.. Walter A. Thomp-
son and Sarah Thompson, with the
Fidelities Securities Co. as code
PENDANTS.
The case involves the title to half
section of land in Granite Rock
township. The land was originally
owned by Hans Lund, who mort
gagged the same to the Fidelities Sc
curities Co. The land was sold at
public yendue to satisfy the mort
gage some time after the mortgage
became due, and on the afternoon
of the day that the redemption per-
id was to expire the firm of Fran
co.'s & Schmahl, having judgment
against Lund, paid over to the sher-
iff the full amount of the original
mortgage, costs, disbursements, in
terests to that date, and secured
what is known as a sheriff S certifi-
cate of redemption. Sheriff Pease
sent the money to the Fidelities Sc
curities Co., but the company re-
fused the money and claimed they
were entitled to the certificate.
They at once took steps to place
Walter Thompson and Sarah Thomp-
son on the farm and to hold it
against all comers. Francois &
Schmahl, through their attorney,
D. A. Stuart, commenced an action
against the Thompsons to secure
possession and also to quiet title.
The case was tried at the last
term of court. At that time the
case was given to the jury, which
body very promptly returned a
verdict for the plaintiffs, who had
IN the meantime made arrangements
to protect the Lund interests. A stay
of proceedings was granted and in
the meantime ]. H. Bowers and
Baldwin s. Howard, attorneys for
the Fidelities Securities Co. made a
motion for Judgment for the defend
ants, Notwithstanding the verdict,
and that in case the motion for judg-
ment was refused'that new trial
be granted
Judge Webber grants the motion
for judgment, Notwithstanding the
verdict. He says:
1t is an action of ejectment and
the plaintiffs base their alleged
ownership of the premises des-
cribed in the complains upon an
alleged redemption under and by
virtue Of the lien of the judgment
recovered in the municipal court of
Redwood Falls. and an alleged
transcript thereof filed and docket
ed in the district court, in accord
ance with chapter 229, General laws
of 1895. section 80. The Judgment
recovered in the municipal court is
as follows:
Now, on motion ofH. G. Schmahl,
agent of plaintiffs, it is ordered and
adjudged that plaintiffs have and re-
cover judgment against defendant in
the sum of s3237 damages and 1925
costs. making total judgment of
1892. C.E. PATTERSON.
| Dated Dec. lst, 1885,
The alleged transcript as filed
and docked in the district court is
as follows:
State of Minnesota.
''' Judgment debtor, Hans Lund;
Judgment creditor, Lizzie II. Francois
and Herman G. Schmahl, co-partners
as Francois & Schmahl. Date Of fjudg-
ment, December 1st, 1896; Date of
docket, Dec. 1st. 1895; amount of judg-
ment $780,
1t will be seen from the trans
script that it does not appear which
parties were plaintiff or defendant,
nor does the amount Of damages or
costs appear; but only the names Of
judgment debtor, judgment credi-
tors, date of judgment, date of dock
ct and amount of Judgment.
AS it is provided by statute that
no judgment rendered in the mu-
nicipal court shall attach as a lien
upon real estate until transcript
thereof shall be filed in the district
court, there must be a substantial
compliance with the statute before
such lien attaches; and the pretend
ed transcript filed in this case did
=, ~ /,o,, e<,.Yo 70 tho ~, %rr,,t -