The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-12

Englerth. Adelia Wilke. Lizzie Wilke.
Ida Wilke and Emma Wilke, Henry
Wilke, Walter Wilke, Mildred Wilke.
Lizzie Wilke and Ida Wilke, minors.
by their guardian ad Item, John w.
McPhail, defendants and appellants.
be shown to be in fact a mortgage Sc.
curing a debt existing at the time of
its execution.
A deed. absolute in form. will not
be held to be a mortgage unless the
proof is clear, convincing and salts
factory that such was the intention of
the parties when it was executed and
delivered.
The evidence in this case examined
and held that 1t Is not of that clear,
convincing and satisfactory. character
necessary to establish a deed, absolute
in form. as a mortgage.
(Syllabus by the eourt.)-
Appeal from district court Of Rich
land county, Allen, J.
Affirmed.
Purcell & Divet, and S. A. Sweet
man. for appellants.
Rourke & Kvello, for respondent.
Opinion by Spalding, c. j.
Albert r. Bauer. plaintiff and re.
spondent. VS.. the Union Central Life
Insurance company, defendant and
appellant.
Held, that under the facts that the
purported agent upon whom service
of summons was made. in an attempt
to make service thereby. upon the APP
pellant. was not a "11anaging agent"
Of defendant insurance company and
such attempted service was void. and
judgment ordered thereon vacated.
(Syllabus by the court.)
Anneal from an order If tho diStricf
court OF Ramsey county, Cowan, j.,
denying motion to vacate a default
judgment.
Reversed.
Opinion by Goss, ].
Murphy & Duggan, attorneys for
W. NJ: Anderson. attorney for re-
]. J. Murphy and Chas. L.. Merrick,
plaintiffs and appellants. VS.. the Mis-
souri, n Kansas Land and Loan
company, a foreign corporation,
Jones T. Wilson, Mary L. Wilson. An
ma F. Wilson, Geo. ]. Wilson, John r.
Mulvane. ct AL, defendants and re-
spondents.
The mailing Of summons and COM
plant within ten days from the date
Of the first publication Of the sum-
mons is not a personal service there
Of, and Is but a part of the statutory
service of summons by publication;
and when there is served by the de-
PENDANTS at any time before sixty-six
days from the first publication of the
summons, a written notice of appear
ance and demand for service of copy
of complaint, compliance Herewith
must be had, and after such service
the period for answer is extended
thtrtxy RI yyo <rNva <on%
ly the defendants are held not to
have been In default in answer.
(Syllabus by the court.)
Appeal from an order of the district
court Of Logan county, permitting fill
ing OF defendants answer. Burke, J.
Affirmed.
Justice Burke. being disqualified did
not participate, Hon. S. L. Nuchols
judge of. the Twelfth judicial district,
sitting in his, place by request.
O'Donnell & Atkins, attorneys fol
appellants.
Miller & Costello. attorneys for re.
spondent.
Alexander Mckenzie. respondent
vs.. Steven Gussner, Mary Gussner and
George Gussner, ct al, appellants.
1t Is not ground for non-suit thai
persons having equitable interest,
other than ownership in real property
title to which is sought to be quieted
are not made parties plaintiff, wher
such persons participate in the actor
through the plaintiff to an. extern
that the decree will bind them equal
~ With n parties to the action, Wher
the action is maintained by the recort
owner as the real party in interest,
A claim for betterments to realt.
by permanent improvements mad,
thereon is not established by proc
of the placing Of permanent improve
ments on h real property of anothe
under no claim. right Of or title there
to; nor can h purchase. severa
ported title under which to CLAIM
color Of title to such realty permit tn
allowance Of such a claim for better
ments under the provision; of section
1926 Of the code. The good faitl
claim Of title to the realty must pre-
cede the making Of such improve
ments. otherwise the claimant TO
netterments is not holding realty un
der color of title and adversely to tn
plaintiff from whom. he seeks recov
cry for such improvements made,
(Syllabus by the court.)
Appeal from the district court O
Morton county. Crawford, J.
Modified and affirmed,
Opinion by Goss, J.
M. "A. Hildreth, attorney for appel
liant.
w. H. stutsman and Geo. p. Elan
merry. attorneys for respondent.
COAL STRIKE on.
Denver. Colo, Dec, 12.-Reports q
a strike in southern Colorado Goa
fields around Trinidad and Caneal
City, Involving several thousand mer
were current today in Denver bu
could not be confirmed at the ONCE