The Saint Paul globe., 1904-12-17


preiudieed or undue advantage taken of
f. Other alleged errors in conducting
the sale examined and held not to be ma
terial and insufficient to authorize re-
Order affirmed. Lovely. j.
Nelson & Albin Creamery and Cheese
MNlannfacturing ma Company, respondent, VS..
NJ f. Armstrong ct al, defendants;.
Martha Armstrong, appellant.
Inc treasurer of a creamery association
accepted bond with sureties from a
private e banker for the faithful perform
ance of his duties as the custodian of its
FUNDS. The bond was by its terms to con-
linue Tor one. year. Within the year a
Iurther agreement was indorsed thereon
the within bond shall stand good until q
successor to NJ K. Armstrong is elected
and qualified, which was assented to and
signed by the principal and sureties. De-
posts were made by the treasurer of the
creamery association from time to time
for over nine years before the failure and
oankIrnptcy ,l of the bank. Held:
l.aThats the consideration for the bond
was the safe custody of the funds of the
creamery association.
2. That by the terms of the memoran-.
DUN lndorsed on the back of the instru-
ment 1T was to continue indefinitely until
by the act of the association another de-
pository was named and qualified.
3. That findings of the court to the eff
| the benefit of the association during pc
rlod of some nine years was reasonably
supported by the evidence which sustains
the conclusion of law that the principal
dlle on fhe failnre and harsruntcv Of the
bank.
oiuet am ineu. i1oseis' -l-''' :;
1on,r t W. noulu, fespoiiueie' vs. Eusene Al
In an action for the recovery of real
| support the findings of the trial court to
the effect that the plaintiff was entitled
| to the possession of the property with the
amount designated for the use of the same
| by the defendant that the application for
amended findings was properly refused as
well as that the court S conclusion of law
| is correct
Order affirmed. Lovely, J.
No,I;o ,,;.o,o..o ,..,,o,a,+ yio.or,,
NGlile fIlcnette, respondent, Vs: HG,oI.a ;,i
Lang Company, torPorasloi, appe,lam., SaIsc
a.. an ,,,'t aS.,vn ~ e,,,,a +,oe. ,1t
claims; lne court navs lou rotu ,nS -
mae MAJ Iac,s a ISSUE, was no. "
Ilno upon InaIters ol eViuetIcS, 1s a
Il ! ne egiueIee giss vas suiiieieh' " sue
tam Ine nnulnss Oh IacSs
Order aHrmeo. LEWIS ..
Nels Gather, appellant. vs.. A. 6. Sexton,
tor OF the estate or Ed. A6ranlamson, de-
In an action IN rspieVlh 70 recover pos
session OF me ceftlncates or oeposit claIm a
ed 10 nave been lnuofSea anu dehVefeu 10
appellant curing lne hietlme OF fespond-
ents intestate. Hero, thaL tne. essuence zee
was not conclusive lnat the transIer ny
the deceased was without consideration
and VOID
Order Tor judgment ior respondent not
wltnstaholns tle Vefuict, feVeTseu;
LEWIS, y.
Mons NAHUM and John Carlson respond
ents, VS.. H. III. Thayer, appellant
A list of delinquent taxes fled by the
| county auditor in the Office of the clerk
| of court consisted of 165 pages. In MAX
| ing up the list the auditor used printed
| forms. and In order to make them ap-
propriate for the purpose, certain printed
| headings were crossed out and written in
/ at the head of the proper columns The
page upon which the land in question was
listed was not correctly changed to lndi-
cate the appropriate authorizations for
| section. township and range.
In an action attacking the validity of
| the tax Judgment upon the ground that
/! the real estate was not properly de-
| scribed in the delinquent tax list Held,
1 that the description was sufficient when
entries and headings on that and the
| preceding pages of the list.
| Order affirmed. Lewis, j.