The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-12-21
Supreme Court

~ S.11
6. ]. Hess, appellant, vs.. Jacob stockard, re-
spOndent. ~ u d, fts4ss.ls sz3ii45s@ Ss
Syllabus: First-Where father and son have
the same name as, the grantee in conveyance
therein as the grantee. the father will be pre-
stmed tossbe the grantee if -ether things are
equal, and there is no evidence to the con-
trary. a.
+ Second-gThe fact that the SON In this a, case
gave mortgage to the father on the land de-
scrlbed In a deed, in which the name Of the
grantee was the sameS as their own, and the
father accepted the mortgage, placed it on rec
ord end afterwards sold it is sufficient to rebut
any presumption that might otherwise arise that
the father was the grantee.
Judgment affirmed. / Start, c. J,
John D. Edmonston, respondent, vs. Albert B.
Wilbur ct al, defendants, Alfred B. Wilbur ct
al, appellants
Syllabus: Wolf VS.. Edmondston 100 N. W. II,
2sa, followed as to the rule that when two mort
cages onsthe same lanq, executed to different
time by the common agent of the mortgages
no instructions having .been given, the priority
of the liens is determined presumptively by the
order in which the instruments are numbered by
the register.
The fact that one mortgage is dated nineteen
days prior to the other and is for less amount,
and the. other covers an additional tract Of land
tention of the agent to make the same a prior
lien to the other mortgage which was first re-
corded. The evidence5fs sufficient to sustain the
finding of the court that the mortgages in
question We're intended to be coordinate.
The fact that plaintiff s. mortgage was many
years overdue that no interest had been collected
or payment made, and no steps ever taken to
forcelose the same, do not conclusively con-
trovert the evidence of the mortgage to the
effect that it had never been paid, and the EVIL
dence is sufficient to sustain the finding of the
court that such mortgage was not paid.
It was not error for the court to dismiss the
action with plaintiffs consent, as to defendant is
Burton.
. Order affirmed. Lewis, J.
Edward Lutgen, respondent, VS.. board Of county
commissioners Of Stearns county, appellant
/ Syllabus: The general statutes of 1884 sec.
for the laying out of county roads and for the
designation OF the places for the posting Of
such notices, is to be reasonably construed so
as to efectuate the obvious purpose OF the leg
1slature of providing effective means Of securing
the posting Of the notices at public places
Where two notices were posted in strict con-
third, because no post had been provided for
by the supervisors until later period, was
posted at public place, in the ordinary accep-
tation of the term, which had been previously
designated and used for posting notices., not
then a statutory place for posting, it is held
that this frregnIarity did not deprive the county
board of jurisdiction.
An affidavit which set forth that such third
notice had been posted upon the elm tree, near
a designated schoolhouse, which was one of the
most pubic places in the township, is held suf
fcient III view of the recital of jurisdictional
facts in the order Of the board Of county COM
missioners.
Order reversed. -Jaggard, j.
J. z. Cummings, respondent, Us. B. A. Wilson.
Syllabus: Where contract for the sale of
land provided that the vendor was to deliver to
the yendee an ABSTRACT of title without delay
thps int in n utt
did not alleges refusal to deliver an abstract
but only that no abstract had been delivered
the court will mot Infer from the facts that
the contract was dated eight days before the
complaint was verified and twelve days before
1T was personally served, that a reasonable time
for the delivery OF the abstract had expired
Order reversed. RS --Jaggard, j.
Henry B. Conlon, respondent, vs.. Herman K.
& H01ate, appellant. Il 6
81 Syllabus: "a justice Us the peace after he has
rendered Judgment In "a case, may recover his
sunpaid fees in an action upon an implied con-
& In this case judgment rendered in the justice
court against plaintiff was affirmed on appeal
to the district court; no Judgment was III fact
II IL rs or, original
axed 81 the order Of the district court. 1T is
held that the JUST eopld recover sllch amount
action a implied con st.
fgment ~ 81 Jaggard. i.s
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