The Saint Paul globe., 1900-12-11
NOT INCLUDED IN TAXES
ASSESSMENT FOR DRAINAGE DITCH
A SPECIAL CHARGE.

The supreme court handed down three
decisions yesterday, all Of which af-
hrmed the decisions of the lower courts.
According to the most important de-
ciSion, Messrs. Moses E. Clapp and
George H. Wynan must pay the state
$6O0 of drainage assessments against GER
tain acreage in Anoia county, sold to the
Minnesota Grass Twine company. The
land was transferred under a contract
that the twine company pay the taxes
for the year. The supreme court holds
that the drainage assessment is not in
cluded under the contract. Following
is the syllabus:
Moses p. Clapp and George H. Wyman,
appellants, VS.. Minnesota Grass Tw1ne
company, ETC., respondents.
Under the law authorizing the con-
struction of drains and bitches by coun-
ties, whereby the cost of the same is
made a charge upon the lands benefited
and lien is imposed thereon to secure
the county, such lien attaches at the
time provided for in the statute, and the
privilege given to the land to pay same
In subsequent assessments does not
trol the time when the lien takes ef-
feet, which is upon the auditors state
ment under 1910 and 1911, G. s., 1884.
The provisions of 1923, 6. s.. 1924 for
the attachment of liens for ordinary tax
es as between the state and the land
owner as we'll as between the grantOr
and grantee, do noe effect or control
the assessment provided for in the state
drainage law, by virtue. of the fact that
drainage assessment are collected iii the
same manner as ordinary taxes.
The lien provided for. in section 1923
and IN section 1911 are distinct, created
Tor different purposes, attach at different
times, and impose different conditions,
upon the land owner under his covenant
against membranes upon a sale of the
land by him before the lien is discharg-
ed. Order affirmed. Lovely, J.
J. Royal McMurran, plaintiff, Lewis E.
Jones, assignee of judgment, appellant,
VS.. W. B. Bourne, respondent.
Upon an application to the district
court to set aside a default judgment
rendered more than seven years before,
tice to the judgment debtor under sec
ton 5367, General Statutes of 1894, held:
That neither the formal affidavit or
merits provided for in the rules Of the
district court, nor the tender of pro-
posed answer is indispensable when the
court does not require the same as a pre-
requisite to such relief, and when facts
authorizing the exercise of the courts
discretion are made to appear by the af-
ffdaVit of the moving party.
From the affidavit OF defendant upon
which the trial court acted in this case,
it appears that he has good defense to
plaintiffs claim and that defendants de-
lays were explained and excused, to such
an extent that it was not an abuse of dis
cfSuOn TO set aS-Qo CHe judgment anu per
NIT an answer to be interposed in the
action. Lovely, ].
A. ]. Finnegan, respondent, VS.. Cami'e
A. Brown ct al, defendants, A. A.
Brown, appellant.
When under findings of the trial court
responsive to the pleadings, the owner
ship and possession of real property e
held to be in one of the parties, and the
successful party to prevail on new
trial must establish right to both own
ership and possession, he is entitled to a
ter of right upon compliance with section
1850 General Statutes OF 1894.
Gahre VS.. Berry, 81 n. w. r. 537, re-
Gently decided by this court approved
and followed. Order affirmed.
Lovely, ].