The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1909-11-25
TWO COURT DECISIONS

Supreme Court Renders Decisions in
Two Cases Which Concern Peo-
pie In DAWSON County.
Wednesday information from the
Clerk Of the Supreme Court at Pierre
of two favorable decisions to his
clients on appeal from the circuit
court of Dawson county.
In one case, Joseph Koch of Mitch
ell brought action against Ricklef
Lunschen to ecove compensation
for services which Mr.. Koch claims
to have rendered Lunschen in the
matter of making a collection on
notes secured by chattel mortgage
against one Knute Peterson. A trial
was had before a jury and q verdict
rendered in favor of Mr.. Koch. Plain
till Koch raj represented by Mr..
Hitchcock, and the defendant, Lun-
schen, by attorneys Preston & Han
nett.
From the judgment of the circuit
court, appeal was taken by defend
ant to the Supreme Court. The SUI
preme Court rendered a decision be-
fore in favor of Koch. Upon appli-
cation, a re-hearing was granted.
The Supreme Court again affirmed
the decision of the circuit court
awarding to Mr.. Koch the commission
he claimed upon the transaction.
The other case involves $50 acres
of land in Baker Township, this coun-
ty. One quarter is owned by Carl
Knappe; the other quarter by Cot
tlieb and Susanna Metzger.
S. ]. Johnson of Sioux City, Iowa.,
brought action two years ago against
Carl Knappe and Gottlieb and Sus-
anna Metzger to cov title to this
land. Back in 1891, n Daniel
Nickish, who owned the land in ques-
ton, made a mortgage to the Fidel-
ity Loan & Trust Company of Sioux
City to secure $1,000. During the
financial depression the owner of the
land defaulted in payments and the
mortgage was foreclosed in Deem
Der, 1895, and a sheriff's deed issued
thereafter to the holders of the mort
gage Indebtedness.
At the time of the foreclosure, the
plaintiff in the present action, S. j..
T-l-,oo r,oc n o11v1, orl %rouo1ir~
representative of the company hold
ing the mortgage. He obtained al
deed from Nickish, the wne of the
land, subject to the mortgage in
debtedness, intending to dispose of
the land at a profit. At the time the
shsriff's deed was issued on the fore
closure, the land had not increased
in price so as to make a profit, and
Johnson did nothing with his invest
ment. A few years afterwards
Knappe and Metzger purchased this
land of the parties holding the fore
closure title and ever since have been
in possession of the land. These lands
have increased rapidly in value the
past few years.
1t appears that under a former de-
cision of the Supreme Court of this
state, an assignment of the mortgage
by the Fidelity Loan & Trust Com
pany was defective by reason of an
irregular Acknowledgement of the as
signment. Johnson sought to take
advantage of this technical defect
and reap a valuable profit upon the
rise of the land at the expense of
the present holders. The case was
tried before Judge Frank B. Smith
of this Circuit, the plaintiff bong
represented by Attorney M. L. Sears
of Sioux City, Iowa, and Attorney =.
J. Spangler of this city. Defendants
were represented by Attorney A. F..
Hitchcock. A judgment was render
ed in favor of Johnson and Metzgsr
dismissing plaintiffs action on the
principal that ground that Johnson
being an employee in the Office of the
mortgage company. knowing the
facts Of the foreclosure and allowing
the said proceedings to progress to
title without objection. allowing the
sale to johnson and Metzger without
objection and making no claim for
many years, was estopped in equity
from now claiming his title and TAX
ing advantage of the technicality re-
ferred to. An appeal was taken by
the plaintiff, Johnson, through his
attorneys, to the Supreme Court and