The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-06-29
Supreme Court

The William Berganthal company, appellant. VS..
Security State Bank of Monticello. Mimi,
respondent.
competent evidence on trial before jury is not
ground for new trial. where the fact which
such evidence tends to prove is shown by other
competent evidence, applies only where the 9TH
tablishes the fact. !
Order affirmed. Brown, ].
The Oakland Cemetery association. appellant.
VS.. The Board Of County Commissioners of
Ramsey county, Mimi. respondent.
Syllabus: When fecovery-is allowed for taxes
paid under protest the element of coercion must
be found In the absence Of present and poten
tiaI computation, mere protest is not sufficient
In this case the payment was held not to have
been voluntary, but under duress.
One who by force of the statute is unable to
place on record deed of conveyance by which
he has acquired title to real estate because of
taxes legal In their inception, but Illegally de-
manded may pay such taxes under protest to
enable him to record his deed and recover them
| In subsequent action from the state.
| In this case the remedy pursued by party
paying taxes under duress and with protest is
| held to have been proper. e
| A tax title based on later tax sale on an
earlier tax lien; may prevail over a tax title
based on an earlier sale under a later lien.
The purchaser of tax certificate under chapter
IL, general STATUTES 1873 and 1894 may be re-
subsequent taxes, but also as against prior
taxes
The relevant parts of paragraphs 1870 1897 and
1851, general statutes 1884 authorized the state
| to proceed and enforce the lien of tax de-
linquent and unpaid subsequently to a prior
sale on later lien State VS.. Kipp, SO MINI.
119, followed and extended
The holder of a. valid. state assignment GER
tifeate based on a sale for the taxes of 1896,
made In. 1905, which properly perfected bs
service of notice to eliminate the right of re-
demption. acquires title upon the expiration
of the time of redemption subject to being
/ Invested by tax title based on prior taxes
for 1892, resulting. in. void judgment in 1894,
on which forfeited sale was made in 1900
under chapter 327 of the laws of 1899.
/ Order affirmed. -Jaggard, j.
i Hans NJ. Holnvick as administrator of the es
1 tate of John eHolnlvick, deceased, respondent
vs. Parsons Band Cutter and Self-Feeder com
pany. appellant. .- --
Syllabus: Deceased, while walking the
deck of "a cylinder cap attached to separator
broke thru, caught by the revolving cylin
der and killed. 1t is held that the evidence jus
titled verdict Of the jury against the manufac
turer Of the deck based on proof Of allegations
that it negligently constructed the cap by the
use of defective, cross grained, knotty and weak
timbers ard boards. ~ s-.--. Sl-s
Order affirmed. -Jaggard, ].
! Ashley Coffman, respondent, vs.. the London {
Northwest American Mortgage company lin
tied ct al, defendants, Josiah n. Rogers, ap
pellant. -
Syllabus: The owner of ST. Paul city assess
| ment certificate upon vacant land upon which
notice to eliminate the right of redemption ha
been given, but who was not entitled to ant
had not received formal deed because of hi
failure to pay subsequent assessments. canno
on such claim of title maintain action to de
termine adverse claims against the owner o
the fee. ",Sr. Xix. H. .-.-.
i Order reversed. -Jaggard, J.
George P. Gould and Jessie o. Gould, appel
i lants VS.. The St. Anthony Falls Bank, re
spondent. t,.#- o.
Syllabus: An agreement, altho involving al
alleged device to eyade the usury law as by Wa
of sale or resale, which is entered into Il
| good faith and with no purpose to avoid tn
usury law, may be upheld
Plaintiff purchased Il lot from defendant ban
by written contract for 81 coo, for which sur
he gave his note. After the bank had subse
quently loaned him on various notes So, COO. h
desired further loan of $12, 800 for buildin
operations on that lot. Thereupon it was orall
: agreed that the contract and note should b
cancelled; that the land be conveyed to him fo
a consideration of 81. 500; that he should exc
cute mortgage of $4,000 and that the ban
should advance him the additional sum G
I $12, 500. The time at which the 100000 wa
| to be paid not then fixed. but when thi
/ agreement was carried into effect plaintiff d.
i termined the length of the time of the loa
himself voluntarily and without compulsion.
that time had been the the period
the original loan of $1,000 the mortgage loa
would not have been usurious, for the tim
i which he; fixed and: for which the mortgage
$40 900 ran, the rate of interest was IL pc
! cent per annum on the original loan of 50, oe'
!! the subsequent loan of $1,000 and the final loa
of $12, 500, making in all $4,000. The cou,
: held and justified in finding that the Ian
was reasonably worth 81, 500. 1t is held tia
: the transaction was not void under the usur
. law. (.
I Order affirmed -Jaggard. ].
f Mary A. Strom, appellant, VS.. Magnus NJ Stron
S respondent.
: Syllabus: A married woman cannot, either b.
fore after a divorce, maintain civil actiO
against her husband for personal tort commi
ted by him against her during coverture.
Order affirmed Start, c. J.
: state of Minnesota, respondent, VS.. Charlie
5 Raney, appellant. .
: | Per Curiam-Order affirmed
. State of Minnesota, ex rel. city of Faribaul
respondent, vs.. the Wisconsin, Minnesota
Pacific Railroad company, appellant.
Il Per Curiam-Order affirmed