davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29
Statute of Limitation.

Colonial and United States Mort
gage Co.. Limited, Appellant, VS.. Alex
D. Pennington and George schaler.
respondents.
Il. An action to foreclose a mort
gage is an action in personam; and
comes within the operation of section
500, Revised Codes, which excepts
from the period limited for commence
ing an action the time during which
the person against whom the acuse of
action accrued is absent from the
state
"2. An action to foreclose a mort
gage On real property is remedy dis
tinct from the remedies by which the
creditor may inforce the personal obi
cation for the, debt secured by the
mortgage; and may become barred by
the statute of limitations even though
the debt is not outlajwed.
3. The failure TO appoint an adj
ministrator OF the estate 81 the do
ceased nnortgagor and debtor does not
prevent the sta&,rte OF limitations from
running in favor OF the mortea2or,s
Continued On pags %
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29
Another Mortgage Foreclosure.

Another Mortgage Foreclosure.
Louisa F. Parsons, appellant, VS.. P.
}. McCumber and B. L. Bogart, CO.
partners doing business under the firm
name and style of McCumber & Bog
art and w. E. Purcell, respondents.
'The defendants, who were the real
owners of note and mortgage, fore
closed the mortgage by action in the
name of the nominal holder, and COL
lected the greater part of the debt.
They concealed from the present
plaintiff, who was a defendant in the
foreclosure suit, the fact that thew
We're the real owners of the cause of
action in the foreclosure suit. and
represented to her that the nominal
plaintiff was the real creditor. The
plalntlf was not misIed thereby to her
prejudice; but after discovering the
facts as to the true ownership mo
cured from the nominal creditor an
instrument purportng to assign to her
Said creditors claim for the moJ,-
ey so collected. Held, That the de-
PENDANTS were not estopped to assert
THAT they We're the real owners of the
money collected.
Appeal from the district court of
Rlchland county. C. J. Fisk. Judge.
presiding by request.
A. l.. Parsons and Smith Stimmel.
for appellant.
McCumber, Forbes & Jones, c.. E.
Wolfe and Purcell, Bradley & Ddvet,
for respondents.
Engerud, justice. Affirmed,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29
Japanese Sink Twelve Of Enemys Best Ships Cap:
ture Four:--Vith Many Prisoners Several Smaller
Vessels Sunk :ROj esteDSky Escapes
SUPREME COURT DECISIONS.

Decision in number of important
cases have been handed down by the
court The following is a
list of the cases decided:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29
Foreclosure of MORTGAGE,

! J. A. PLANE, appellant, VS.. Helen
Dodds, ct al, respondents.
II. Action to foreclose a mortgage
on real property is not proceeding
in rem but is an action in personam;
and comes within the operation of
section 5210, Revised Codes, which
excerpts from the period limited for
commencing an action the time during
which the person against whom the
cause of action has accrued lis absent
from the state.
z. Although the property passed
to the defendants grantor subject to
the mortgage and was in equity the
primary fund for the payment OF the
mortgage debt, that doctrine cannot
be extended so as to prevent the de-
PENDANT from awaiting himself of the
statute of limitations as defense
against an action to foreclose the
mortgage.
- Where the person against
whom cause of action has accrued,
departs from and establishes his resi-
dence out of this state the statute
OF Limitations ceases to run in his
favor from the date of his departure,
The clause in section $40, Revised
Codes to the effect that only absences
OF one year or more shall toll the
statute refers to absences by one who
has not established residence out of
the state. a Il,
d A grantee OF mortgaged prom.
eqty may add to the time the statute
OF limitations has run in his favor
since he acquired the land, the time il
had rum In favor Of his grantors n
order to make up the aggregate re.
CURED TO bar the action to foreclose
g When the plaintiffs own Mead.
inss and evidence show that more
dime than that limited by the statue
for commencing the action has 81.
PRED since the cause Of action accrued
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29

Decision in number of important
cases have been handed down by the
supreme court. The following is a
list of the cases decided:
Record Is Valid Judgment.
William G. Hagler, respondent, VS..
Fanney e. Kelly and William A.
Marin, appellants.
81. In 1892, following the irregular
practice which then generally prevail
ed in this jurisdiction with respect to
the manner of entering judgment in
the district court, an order for judg-
ment which embodies the final de-
termination of the action made by the
trial court, and was in the form re-
quired for a judgment, but concluded
with a direction to enter judgment,
signed by the judge and attested by
the clerk, was recorded in full in the
judgment book where it was again
signed by the judge and clerk. Held,
that such record is a valid Judgment
20. Where Judgment was obtained
and docketed for personal property
taxes pursuant to the provisions OF
sections 81 and So, chaper 1872, laws
of 1890, and became a lien upon the
property in question before the revised
codes of 1895 took effect, such lien
continued Notwithstanding the repeal
of the law under which the lien was
acquired. Gull River Lumber Co. VS..
Lee, N. D., over1ruled.
'3. The board of county commits
sioners has power to sell and assign
a Judgment obtained for personal prop
erty taxes under the general revenue
law of 1890.
"a. The board of county commits
sioners may sell and assign such judg-
ment for less than the amount due
thereon if the transaction is free from
fraud, or other illegality''
Appeal from the district court of
Nelson county, Charles J. Fisk, judge.
W. J. Mayer and Trarcy R. Bangs,
for appellants.
Scott Rex, for respondent.
Opinion by Engerud, affirmed.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29
Transaction Not Usurious.

Transaction Not Usurious.
Leonard Weicker, respondent, "
Joseph A. Stavely, appellant.
81. Where the parties agreed upoR
a. lawful rate of interest for the fore
bearance of money demand, but the
debtor was induced, either by the
fraud of the creditor or by mutual mis-
take Of the parties, to unintentionaHy
pay in satisfaction of the debt a sum
greater than the debt and accured in
terest computed at the maximum law
full rate, the transaction was not
usurious, because there was no agree
ment to pay the excessive charge.
go. The defendant demurred to
the complaint for misjoinder Of
causes of action, claiming that the
plaintiff had improperly joined with a
claim for money had and received a
claim for the statutory penalty for the
exaction of usury. The allegations of
the complaint affirmatively showed
mat Inere was no luxurious tranSac-
ton, but both parties agreed in the
argument before this court that the
allegations of one of the causes of
action were intended to and should
be construed to sufficiently allege the
taking of usury. Held, That this court
will not pass upon a. question not
presented by the record
Appeal from the district court of
Cass county; Charles A. Pollock, Judge.
Ball, Watson & Maclay, for appel
liant
S. G. Roberts and Taylor Crum, for
respondent.
Engerud, justice. Affirmed.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29
RUSSIAN FLEET UTTERLY DESTROYED BY ADMIRAL TOGO

the burden is on the plaintiff to show
that the running of the statute has
been suspended a sufficient length of
time to avoid the statutory bar
pleaded by the defendant.
&C. In an action tried and appealed
under section $500, Revised Codes,
where the evidence tends to show that
the action is barred as ito one or more
undivided and unequal parts of the
land and not barred as to the other
parts, but fails to disclose as to which
parts the bar is complete, and the un-
certainty in the proof is due to the
fact that neither the trial court nor
counsel for either party deemed such
proof material, a new trial will be
ordered. Young, j., dissents.
Appeal from the district court of
Mclean county; Charles J. Fisk, judge
Newman, Spalding & Stambaugh,
for appellants.
Erich & Kelley and Tracy R. Bangs,
for respondents.
Opinion by Engerud, justice Re-
versed.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29

limited by that amendatory act for
commencing a proceeding to foreclose
by advertisement.
Appeal from the district court of
Dickey county; w. s. Lauder, judge.
e. E. Cassels, for appellant.
s. G. Cady, for respondents.
Engerud, justice. Affirmed.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29
Brokers Authority Defined.

Daniel NJ Robbins and Ellsworth c.
Warner, carpenters doing business un,
der the firm name and style of Rob,
bins & Warner, appellants, VS.. John
w. Maher, respondest.
II. A broker employed to negotiate
sale of grain for future delivery has
no authority, without his principals
consent, to make the contract for such
sale in his own name
80. A broker cannot recover from
his principal, either for services or for
money advanced by reason of sale of
grain negotiated for the principal,
where, without the latter's consent,
the broker had contracted in his own
name,
"3. The fact that it was the custom
of brokers at the place of sale to nego-
tlate sales in their own names without
disclosing their principals, and to as
sumo personal liability for the COM
pletion of such sales, is not sufficient
to prove authority to sell in the
brokers' name if it is not shown that
the principal had knowledge of the
custom"
Appeal from the district court of
Ramsey county; John F. Cowan, Judge,
Townsend & Denoyer, for appel
lants.
Brennan & Gray, for respondent.
Engerud, justice. Affirmed.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29
Dissolution of Attachment.

JOu1 n. jules, dppellduL, VS.. Ferd1-
nand Hoefs and Theodore Heling, CO.
partners, doing business under the
firm name and style of Hoefs & Hell
ing, respondents.
Il. Where the defendant gives no
tice of motion to dissolve an attach
ment, and the notice recites that the
motion will be based upon an affidavit
served Herewith, which denies the
truth of the attachment affidavit, the
notices sufficiently shows that the
ground for the motion to dissolve is
that the attachment affidavit is false.
%. Where the defendant denies
the existence of the grounds for at
tachment and moves to dismiss the
attachment for that reason, the burden
OF proving that one or more of the
grounds alleged for the attachment
are true is upon the plaintiff and if
the plaintiff fails to prove the ex-
istence of such grounds the motion to
dissolve must be granted even though
there Is no defense to the action on
the merits. &e
Appeal from an order OF the district
court Of Richland county; Charles A.
Pollock, Judge. eitting by request.
Mccumber, forbes & Jones, for ap-
pellant.
]. A. Dwyer and Charles q. Wolfe,
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29
Foreclosure Of Mortgage.

Dollie A. Tracy Clark, appellant, VS..
j. P. Beck and ;. H. Amman, respond
ents.
Revised Codes, section 5000,
subdivision 2, limiting to ten years the
time for commencing an action to fore
close real estate mortgage had no
application to proceeding to fore
close by advertisement, before the
amendment Of that section by chapter
100. laws OF 1901. ...,...
.. The time that had run since
the accrual Of the right to foreclose
by advertisement before the taking
effect Of chapter 100, laws Of 1901, Is
not 70 be computed as part OF the time
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29

appeal from Justice Court.
Charles Defoe, respondent, vs..
Zenith Coal Co., and E. A. Lane, ap-
pellants.
Il. Section 6771a, Revised Codes,
1899, which provides that the district
court may dismiss an appeal from
justice court for failure on the part of
the appellant to cause the transcript
to be transmitted, does not make it
The mandatory duty of the court to
order dismissal for that reason.
20. Where the transcript was filed
before the motion to dismiss was
granted and the record affirmatively
showed that the respondent had not
been prejudiced by the delay, it was
error to dismiss the app peal for failure
to file the transcript in time"
Appeal from the district court OF
Stark county; W. H. Winchester
judge.
. Campbell & Field, for appellant.
Mcbride & Baker, for respondent.
Opinion by Engerud, justice. Re
versed.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-05-29
Delivery of Deed Passes Title to
Daughter.


Emma v. Hulet, respondent, VS..
Amos A. Gates, appellant.
Il. Where the plaintiffs father, in
tending to make gift to his daughter
OF tract of land, bought and paid for
the same and caused his vendor to ex-
ecute and deliver to him a deed there
of, naming his daughter as grantee,
such delivery was sufficient to pass
title to the plaintiff Immediately upon
the delivery of the deed to the father
even though the deed remained unrec-
orded in his custody until produced at
the trial.
"2. Evidence examined and held.
That it shows that the donor intended
a present gift at the time of the deliv.
cry of the deed.
Appeal from the district court of
Ransom county; W. S. Lauder, Judge.
Rourke, Kvello & Adams, for appel
liant.
T. A. Curtis, for respondent.
Opinion by Engerud, Justice. At
firmed.
The Grit-advocate., 1905-12-01
BY THE GENTLE CYNIc.

Contertment is the best cure for
wrinkles.
A wise man may profit by the &C
tons OF fool.
Glittering generalities are the rhine
stones of speech.
Some mems idea of popularity is to
have a great big funeral.
Fear isn't the only thing that causes
a woman to change color.
Enough Is as good as a feast, but
the average man wants surplus.
Most Of us want to cast our bread
Upon the waters with a string tied
to it.
If we were all as free with assist
arce as we are with advice, the world
would be different.
When woman says she hates to
ask her husband for money she may
lest assured that it is mutual.
When man is as perfect as his
wife thinks he ought to be. he's about
cue to get measured for a pair Of
wings.
Make fuss over a voman's first
baby, and for the rest of her life she
will refuse to listen to anything bad
about you.
The theatrical managers say the
deadhead must go. No sooner said
than done. He is already a thing Of
the passed.
The Grit-advocate., 1905-12-01

"and you," he added, turning to karsi-
chef, will soon learn it in lesson
you will never forget!"
So saying, he rushed to the window
and tried to follow the form of Alexis
disappearing into the night.
He could see the figure against the
snow in the open, but it was lost when
the darkness of the forest became the
background.
Brave fellow" exclaimed the couri-
er, as with straining eyes he strove to
pierce the darkness, brave fellow!"
By heaven, if do not make all Russia
ring with your praises for this act,
my name is not Ignatieff. There he
goes!' he continued, as Alexis strug-
gled on through the drifts, and with
his rife brought down the first of the
wolves as they sprang upon him. He
has gained higher ground. My God,
he is LOST" he went on as Alexis
stumbled for a moment-"No! he is
on his feet again. Brave man. We'll
done!"
Alexis had barely time to use the
rifle as club and to krock the brains
out of one of the furious brutes as it
sprang upon him, till he heard a cry
of anguish.
(To be continued.)
The Grit-advocate., 1905-12-01
Electric Power VS.. Steam.


Forsake steam and cleave to cleo
tricity, pleads j. A. Shaw. The mil
lions of dlllars contemplated for re-
uucing grades and double tracking
certain sections Of single track roads
in order to increase their capacity
with steam locomotives, he urges
might be spent with promise Of great
er returns If used for installing elec-
trical equipment. Electric traction
rot only does the work better than
steam but possesses additional advan.
tages which appeal to the passengers.
and, consequently Increase traffic;
others relating to the operating of
trains from one central power house,
and, again the saving in capital, main
tenance and operating. The most
noticeable advantages to the passen-
ger-namely: those affecting his COM
fort-are the cleanliness of the cars
and the absence OF smoke and cinders,
especially in tunnels; also the better
distribution Of heating and lighting
Eigher speed is attainable not only
for continuous runs, but with the
same running speed as on the steam
line the average speed is higher, and
Tie duration Of the trip reduced by the
increased traction due to the uniform
rotary movement of motors. The
stops for water or fuel would mean
an additional gain.
The Grit-advocate., 1905-12-01
EIdorado Waits for Promoter.

An Eldorado. despised and rejected.
lies in the heart of the Mississippi
valley with transportation facilities at
hand, and as undeveloped as any of
the extreme western states. This rich
region has superb climate, free
from malaria, with au abundance Of
the purest water and the purest air,
plenty Of timber for mining purposes,
immense beds Of zinc of remarkable
purity, and Of lead ore. This ideal
country awaits men WI ose business is
mining and whose efforts and invest.
ments will be requited with great
fortunes in the near future. This
neglected Eldorado comprises an area
between the Boston mountains in the
south. the Ozark mountains in the
north. and embraces parts Of five
counties Of Arkansas.
The Grit-advocate., 1905-12-01
liQ!ZId
[120631I11
A Wire-NaiI PuIIer.

In unpacking large boxes and crates
It is very desirable to have a good in.
strument for pulling out the nails. To-
"ariably this is done in a careless
and slipshod manner. anything sufic-
ing as long as the box is opened. To
break up the lid takes more time than
II the nails were carefully extracted d,
besides running the box for future
Use. An Indiana man has patented
the wire-nail puller shown in the illus
tration, which possesses several novel
features. This instrument is formed
of a shank, having attached at the
cEd pair OF claws Of the usual form
employed upon hammers. one claw
having longer curve than the other
The shank is bent to the center. the
Tree end in alignment with the claw
having the shorter curve. so that
when the claw is placed beneath the
head of the nail the shank will be par.
allel with the box from which the nail
is drawn. When in this position the
draft or force required to first engage
TIE claw with the nail is in direct line
with the structure and at right angles
to the nail and enables the operator
to utilize the force upon the claw to
q much better advantage, and with
corresponding better effect. To assist
IN this action supplemental handle
is formed, extending from the shank,
whereby strong drawing pressure
can be exerted upon the shorter claw
to force 1t beneath the nail head. The
shank and handle thus coact to great
ly expedite the action and decrease
the labor and time required to start
the nail from the wood, and after the
nail is partially drawn the implement
is reversed and the other claw brought
into action, which by reason of its
longer curve exerts a longer leverage
and completes the drawing of the nail
without bending it. Thus the longest
The Grit-advocate., 1905-12-01

quality. And then one may climb up
ward by easy stages to hundreds of
dollars for the costly variety. Expen-
sive curtains are just as expensive az
one may desire, and $3.50 is the sum
asked for pair of Point de Glanders
curtains. The groundwork differs
somewhat from the customary fabric,
being sort of grenadine in cream
tone with border of the lace in ecru
These make beautiful window drapery.
but naturally they call for Furniture
and furnishings in keeping with tleir
cos.liness.
A contrast is presented by the new
curtains that have been especially de-
signed for the den. They are app-o-
pirate and of a hand.woven material
suggesting madras. The foundation is
white with a band in center in an If
fective blending of tan, green, bue
and white. Curtains such as these
cost from 81 to SO pair.
Between these two extremes in prise
Is the curtain of silk null, bordered
with Torchon lace. The combination
is exceedingly good and an extra touch
of attractiveness is impaired by the
raised embroidery in self-colored sila
From $50 to 800 may be expended on
curtains of null.
The Marie Antoinette curtain cannot
lay claim to newness exactly, but there
is variation in design that imparts
note Of novelty. This design is
termed the Colonial Renaissance
braid is employed to produce the lat
tice effect, and the floral ornaments
tion Is carried out with narrow satin
ribbon, the colors being cream and
white.
Cream Lansdowne is fabric that
has been added recently to the curtain
list. 1t makes a beautiful drapery,
with its silken sheen and soft texture
and border of ecru net appliqued with
silk flowers in madras colorings.
Velour drapelies still continue in
favor and ribbon embroidery which
has been revived within the past year
for all sorts of decorative effects con-
stitutes the ornamentation. In the
accompanying illustration the curtains
are of dark green velour with ribbon
decoration in shell pink tone. Velour
curtains OF good quality are expensive,
but they are the most suitable where
rich effects are sought.
On the rnodish list are many more
The Grit-advocate., 1905-12-01
HOSTESS SHOWED MUCH TACT.
Hint Enabled Visitor to Appear in Ap-
propriate Dress.

propriate Dress.
"One of the most tactful invitations
have received this season." said a
girl who is on a round of country
house visits, was accompanied by q
short resume of the functions that
were to take place during my stay,
thus enabling me to take clothes suit
a"le to the occasion. After setting
the date of my coming and going and
giving me choice of several trains at
which l would be met, my hostess
said: There will be garden party,
a dance at the country club, and
picnic lunch in the woods during the
week you are here | therefore pro-
vided myself with a fluffy. frilly or
candle. simple decollete gown, and
something for the picnic which would
not show grass stains nor be the
worse for briers and brambles
Had l gone without an inkliEz Of
what was in store for me | might
have prepared to vegetate for a week,
carrying with me a trunkful of cali
Goes and sunbonnets, or something
equally inadequate; Or have gone to
the other eNtreme-arriving on the
scene with all the Paris gowns I pos
sess. appearing at the simple little en-
tertainments provided by my hostess
overdressed. than which nothing is
more uncomfortable.
Il wonder why more people do not
follow this plan of delicately suggest
iyrr hot rIr
by mentioning the events which will
take place during her stay. This
would be especially convenient when
one visits place for the first time
and is unfamiliar with it's social life"
The Grit-advocate., 1905-12-01

said . the soldier. Il will not allow
it,"
Damn your allowance" thundered
the courier. taking the key from the
soldier and unlocking the handouts,
which fell with a clang to the floor.
1t is my Will. There is the heart of
a man in that convict, and the heart
of convict in you.'
Pressing the hand Of the courier
for an instant. Alexis dropped one one
knee. Thank God for the chance"
he murmured: better death in such
case as this than such life as mine
is now" and seizing the rife which
the courier held to him, he rushed
from the door and was lost in tie
darkness.
Karsicheff was shaking with rage
and baffled malignity.
Il shall hold you responsible for
this he said savagely to the courier.
And l shall hold myself responsible
to have you punished as you deserve
as disgrace to the name of Russian
and as heartless brute, not fit to be
uusteu even WIN cCmmaEu OF poo
loo-etape."
"You!" began Karsicheif.
stop, sir! another word and | will
have YOU put in irons-you recognize
my authority, do you not" said the
courier. turning to the Nachalnik.
The soldier saluted!
You at least know what is due to
an imperial courier" said lgnatiefr.