The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-04
Supreme Court

Aramnta H. Taylor appellant, VS.. Grand Lodge
of the Ancient Order Of United Workmen of
Minnesota, respondent
Syllabus: When this action commenced
the defendant had in the county of Hennepin |
several subordinate lodges and deputy grand |
master workmen.
Held, that it had an agent in that county |
within the meaning of G. S. 1894, section 51So,
and that the action should have been stried
therein.
Judgment reversed. Start. G. ].
Minnesota Debenture company, respondent vs.
Rasnus Johnson appellant. |
Syllabus In an action of ejectment the |
plaintiff showed title in and a judgment IN |
an action by 1t against D. quieting title to
the premises in the plaintiff. 1t further showed
by the evidence of the defendant J. that his |
possession was tenant Of D. under written |
lease made or renewed after the entry OF the |
judgment against D.. and that he made no
other claim to the land.
/ Held, (a) That D. and j. were privies In
estate and that ]. concluded by the judg-
ment against D.
(b) That the evidence Of J. to show the
tenancy and the nature Of his claim to the
land was properly received, Whether j. was
| claiming the land as tenant of D. was an
! independent fact within his personal knowledge,
and his statement of that fact did not call
for the contents of the written instrument or
an opinion to its legal effect I. '--
Order affirmed. .-.- %. Elliott, j.
James Quirk Milling company, appellant. vs.
! Minneapolis & st. Louis Railroad company,
respondent.
| Syllabus: A railway company being under no
legal obligation to grant anyone the privilege
of building an elevator upon its right-of-Way,
.Emay without violating any rule of public pol
icy, grant the privilege by contract on condition
caused by fires resulting from the operation of
Its engines. '~
! Order affirmed. Elliott, ].
1,m,. corey resnondent VS. Swftchmen's Union
| of North America, appellant
Sylabus Action to recover on certificate
| made by fraternal society. Its constitution
| provided that action should be maintained
| upon any claim disallowed by its proper OFFICERS
until after a decision thereon by its next en-
| suing convention on appeal. Held, that the
complaint is sufficient as against an objection
made in this court for the first time; that the
| evidence is sufficient to sustain a finding by the
jury that plaintiffs claim was disallowed on
appeal by the convention before this action was
brought and to sustain the verdict in his favor;
and further, that the trial court did not err IN
its rulings as to the admission of evidence nor
in its charge or refusal to charge.
Order affirmed. -Start' u D.
Henry Agne. respondent vs. skewis- Moen COM
Syllabus: First-The rights Of the land:
owner under a farm contract like that construed
in McNeal VS.. Rider, 70 MINI. 1853, and other
similar cases, in so far the contract vests
in him the right to take and dispose OF enough
reimburse him for the tenants failure to per-
form the same, are those Of mortgage; and
in an action against third party for CONVEX
sion of the crops, his recovery must be limited
as respects the tenants share, to the value of
the same, not exceeding the cost and expense
occasioned by the lattr's default In performing
the contract. -
Second-Where in such an action, the plain
tiff the landowner offers evidence for the pur
pose of showing the damage suffered by reason
Of the tenants default. and it is excluded on
defendants objection, the latter cannot be heard
to complain that plaintiffs recovery was not
based upon q correct theory Of the law.
Third-Evidence examined and held sufficient
to sustain the verdict Of the jury to the effect
that the mortgages under whom defendant
justifes, had actual notice Of PLAINTIFFS farm
contract at the time the mortgage was executed
Order affirmed. Brown, j.
Cooper and L. W. Gerzema, respondents:
Syllabus: First-Actual possession of real
property is notice to all the world of the title
and rights Of the person in possession, also OF
all facts connected Herewith which reasonable
inquiry would disclose; and purchaser thereof
knowing the possession to be In third person
is chargeable with notice of such facts. If he
fails to make proper inquiry to ascertain the
state Of the title, he Is not purchaser IN
good faith. ... :.
second-Tne rule applies to redeeming
from a mortgage foreclosure Of land which. at
the time Of redemption, Is In the actual pos
session of person other than the mortgagor:
l Third-Upon the facts stated IN the OPINION
nlaintit ia held not to have been "a good faith
redemntioner from the mortgage foreclosure
therein referred to, and his attempted redemp
ton vested in him no rights and was Intellectual
to transfer to him the title to the land.
Order affirmed. brown, =.
State ,ex-rel. Fred W. Gosewisch, appellant vs.
| Edward G. Krahmer, as county auditor o.
Ramsey county, respondent.
Per acknowledgement affirmed. 81,
State ex-rel Jesse Foot, appellant, vs. Edwar'
G. Krahmer as county auditor OF hamse'
county respondent. -" .~~'
Per acknowledgement affirmed.
Ellen Werring respondent vs.. George s. Grimes
appellant.
! AeA N"A-~
F. r. Stevens and b. h. Stevens, \co-par sner
"a stevens & Stevens, respondents vs.. Owel
r. Parker, appellant.
Per Curriam-Order affirmed -