Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-01-27
{Important Decisions !
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tn ~ Az ORDERS.

The constitution ana bylaws OF COM
plainant grand lodge provided in all
cases where a subordinate lodge should
be suspended or expelled or it's charter
forfeited the properties, effects and
funds of all kinds should revert to the
grand lodge. A subordinate lodge
purchased real estate and the title was
held by Il, one of. the members. Sub
seuuently by resolution the lodge sold
the real estate to the person holding
the title who sold it to the defendants
On bill filed by the grand lodge after
the subordinate lodge became defunct
praying to the conveyance to b should
be held to have been taken for use and
benefit of the subordinate lodge 50
long AS it continued in existence, and
to set aside the sale from b to the de-
PENDANTS. Held, that defendants were
bonafitle purchasers for value without
knowledge of any defects In the title
or of the relation which existed be-
tween B and the lodge, therefore the
grand lodge could not recover.-Grand
Lodge, l. o. o. f., VS.. Barker ct. al, D.
l.. N. Vol. IL, 40, Mich
SLOT MACHINES.
The Maine supreme court holds that
to constitute gambling it is not essen
tial both parties should stand to lose
as we'll as to win by the chance In
voked 1t is enough that one party
stands, to win only or to lose only. And
so a slot machine, so operated that
the operator putting into it nickel re-
ceives in any event one five-cent cigar,
and also stands to win by chance adj
ditional cigars without further pay
ment, is a gambling device.-Lang VS..
Merwin, so, Atk. Rep 1921 (Maine.)
SALE OF DEFECTIVE ARTICLES.
A city bought from manufacturers
of vehicles buggy to be used by a city
officer in the performance of his Of
fetal duties. the manufacturers repre-
senting that the buggy was in good
condition, extra strong, and fitted for
the service for which it was intended.
After the buggy was purchased, the
city officer began to use it, and, while
riding in it, one Of the spindles broke,
the buggy was wrecked, and the officer
was greatly injured. He brought an ac-
ton against the manufacturers for per-
sonal injuries. 1t was alleged by the
plaintiff that there was a large crack
in the axle, but the defendants had
caused and directed the same to be
covered with grease, and the crack
filled in, and that the crack was WISH
BILE to the defendants, i'm the exercise
of ordinary care, before they placed the
grease upon spindle. Held, that the
action could be maintained. The court
said that the rule that as to articles
not inherently dangerous there must be
some privity between the parties to
give right of action can have no
application to the present case in view
of the fact that the petition distinctly
alleges that the plaintiffs use of the
buggy was contemplated by the de-
PENDANTS when the sale was made, that
they knew of the defects in the spin
die, ana that they concealed this defect
from Kim by use of paint and grease
and represented that the buggy was in
perfect condition.
Woo 1ward VS.. Miller & Karwisch, 46
S. E. Rep. SAT (Ga.)
DELUSIONS.
In an action to set aside a will it
WAS shown that the testator was in the
habit of talking to himself as if adj
dressing some person not present and
thought the spirits of some of his de-
ceased enemies troubled him at night.
The supreme court of Maine holds tha.
this did not constitute a sufficient
ground for setting aside the will. where
such delusions did not control his dis
position Of his property. The court
says: Some persons believe they
have communications from and inter
views with the spirits of deceased per-
sons. This may be delusion and is
so regarded by many; but unless such
supposed communications contro! the
disposition of property, the believer in
them is not thereby rendered incompe-
tent to make valid will.
In re Randall SO Atk. Rep. So
(Maihe.)