Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-02
: Important Decisions
Observation-Disclosures

VIZ IC4N.
One e. Il. Grace was elected at the
| general election held in January, l902,
| for the election of officers for the city
| OF Memphis, 81 member OF the board
of supervisors of that city, and eX-oifl-
clio, OF its Legislative council, Tor the
statutory term of four years. In FEB
ruary, 1908, defendant Grace presented
| in writing and read to the council in
open session his unconditional resigna-
| ton, to take immediate effect, stating
as his reasons therefor that his family
duties and as editor of q journal re-
quired his entire time. The resignation
was then formally accepted and entries
made upon the minutes OF the council
accordingly. A motion was duly made
| that the election Of q successor to MI.
| Graces place be postponed until the
next meeting of the council. At the
next meeting, the defendant Grace, for
reasons satisfactory to himself. chang
ed his mind, appearing before the
council and requested that Its action,
accepting his resignation, be recon-
sidered, which was done, and the res
ignation rejected, whereupon he took
his seat in the council and continued
to act as member of 1t until this pro-
ceeding was instituted. AT the general
election, held in January, 1904, for tho
election of several officers of the city,
plaintiff was q candidate to fill the
vacancy claimed to have been created
| by the resignation of Grace and having
no opposition, received all the votes
that were cast for that office, and
certificate of election was issued to
him. He duly qualified, as required by
law, appeared at the next meeting OF
the council and demanded to be induct-
ed into office, which was refused upon
the ground that the resignation of
Grace had been withdrawn, and that
no vacancy existed, and thereupon this
suit was brought to secure his seat.
Grace contended that his resignation
having been Withdrawn before a sue
cessor was elected and qualified. that
same did not become effective, and he
was entitled to hold the office for the
| remainder of his term. Held, that
Grace's term of office was absolutely
terminated by his unconditional resig-
nation and acceptance Of same, and
| the subsequent withdrawal of his res
| ignation with consent of the council did
not entitle him to hold the office. State
VS.. Grace, SO S. w. ass (Tenn.j
VENDOR AND PURCHASER.
| Defendant contracted to sell plaintiff
certain land in township 1O2, but err
onously described it as in township lO3.
| Default in payments being made, de-
PENDANTS undertook to forfeit the con-
| tract under the statute of Minnesota,
where the land was located, requiring
service of notice of forfeiture, but the
notice served also described the land
| as in township 103. Plaintiff sued to
recover back payments already made.
| and the error was then discovered, and
| defendants answer prayed for reform
alton of the contract, and notice, so
as to properly describe the land. Held,
that, though the notice might have
been sufficient had it omitted the
township number, the notice was in
curably defective, and plaintiff was
entitled to recover Woke VS.. Watts,
1o1 N. w. 76 Gowa)
| CONTRADICTION
| Plaintiff sold to the defendants coal
underlying her land, and agreed in the
contract of sale that the defendants
should have two acres of surface land
above the coal for a shaft and engine
| house and for the purpose of dumping
the waste of the mine to be operated
on said land. The contract of convey
ance also provided that the grantee
could construct and operate a railroad
across plaintiffs land, and declared
that when the grantee should cease to
operate the mine, or when all of the
coal should be excavated, he should
remove all buildings and shafts con-
nected with the mine at his own ex-
pense After the defendants had OPP
Grated the mine on the plaintiffs land
for time, they opened mines on their
own land adjoining the plaintiffs and
took the coal therefrom thru the plain
tiff's land, and up the shaft located
thereon, dumping the waste and refuse
on her land. This action was brought
to restrain the defendants from so do
ing. Held, that under the contract the
defendant acquired no right to use the
shaft on the plaintiffs land for the
purpose of mining on the land adj
joining Moore VS.. Price, 101 N. W.
81 Qowa)
AGREEMENT TO ADOPT.
Compliments father contracted
with defendants decedent to adopt
complainant. The contract provided
that compliments father released all
claim, that decedent and his wife
should adopt complainant as their
own child change compliments name
and educate and care for her as their
own child, and be entitled to her serv-
ices until she became 81 years Of age.
After the death of compliments father
she filed this bill Of complaint to en-
force specific performance of the con-
tract, claiming to be the owner of his
property as his heir at law. Held,
there was no legal adoption and conf
plainant could not prevail. Bowins VS..
English, II d. L. N. SIT (Mich.)
WILL-CONSTRUE
Testatrix made bequest to the Uni
versalist Japan Mission Fund for the
support Of the Universal Mission In
Japan" Upon the distribution Of the
estate, the "Universalist General Con-
vention" made claim to this bequest
and the heirs contested the claim. The
evidence showed that testatrix was a
Universalist in faith and had contrib
uted in her life time to this same Jap
an Mission"
A Phenomenon of Mind.