Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-10-19

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animal as an estray must show full
and strict compli with every re-
quirement OF the statute under which
the lien Is claimed.
2. If the person taking up an estray
fails to observe all the requirements
of the estray law. he is in the position
Of a mere trespasser and can claim no
lien for compensation. u y "
8. An estray can be taken up as
such only when found In the vicinity
of the residence Of the person taking
it up. II #
4. The demand for appraisement
required by section 1873, Revised
Codes 1899, must be made within a
reasonable time after the estray is
taken up. tn,y #s5+z .as
5. The person taking up an estray
has no right to demand more proof Of
ownership on the part of the claimant
I than that prescribed by section 1876,
Revised Codes 1899. # A,
s. If the person holding an estray
refuses to surrender the estray unless
the claimant furnishes other evidence
of ownership than that prescribed by
section 1875, Revised Codes 1899, such
denial OF the claimants rights works
a forfeiture of the estray lien If the
claimant is in fact the owner.
Z. Evidence examined and held in
sufficient to justify a verdict which
found that the defendant was entitled
to the possession of the horse as an
estray. Tt#5z .$z.~. T. @,s5 NJ /,
Bacon VS.. Mitchell. ii
This appeal is from the district court
OF McHenry county and is an action
upon a promissory note. The case is
very instructive as to the rights and
duties of an attorney and client A..
M. Christensen and G.. J. Murphy ap-
peared for the plaintiff and appellant,
and W. R. Garrett and LeSueur &
Bradford for the respondents. The
order of the district court is affirmed.
The opinion is written by Young, T.,
and the syllabus is as follows:
1. The legal presumption is that an
attorney has authority to appear for
the person for whom he assumes to
act. .y :.
2. A sutton who does not disclaim
the authority of an attorney who as
sumes to represent him in an action,
when It is his duty to do so, may not
do SO afterwards. He cannot take the
hazard of a trial and when unsuccess-
full allege as ground for vacating the
Judgment that the attorney who con-
Quoted the trial had no authority.
3. Under his general authority an
attorney has the exclusive control Of
the remedy and he. may discontinue
the action. by a dismissal without
prejudice and his client is bound by.
; his act. 3%.S g+@s- tl5s4
HeaIy vs.eForman.
This is an appeal from an order Of
the district court of Richland county !,
Judge Pollock sitting by request, and
Is an action to recover possession Of
eighty acres of land in that county
The matter really turns upon the
rights of courts to pass upon the title
to real estate before the same has left
the jurisdiction of the United States.
Ink & Wallace and Purcell, Bradley &
Dvet. appear for the defendants and
appellants, and Chas. e. Wolfe for the
respondents. The order of the dis.
trict court is affirmed In an opinion by
Young, j. The syllabus as as follows:
l.. Until the title to public land.
passes from the United States to a
homestead claimant the land depart
ment has exclusive Jurisdiction of the
question of title. The jurisdiction OF
the courts arises after the title passes.
and not before. .5.|
2. In an action for the possession
OF real estate, the defendant, in a
counterclaim, sought to have the plain
tiff declared trustee of the title. and
required to convey the same to him,
basing his right thereto upon certain
erroneous rulings Of the land depart
ment in canceqling his entry and sus-,
tanning that of the plaintiff. His
pleading showed that the title had not
yet passed from the United States.
Held, that the demurrer to the coun-
terclaim was properly sustained.
Hot Time at aaIfour. 1