The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-03-16


Emil Oustad, plaintig and respond
ent, VS.. Carl Hahn and Fred Hahn, de-
PENDANTS and appellants.
!. Where on May %, 1907, two OF
three co-partners w%rongfully excluded
a third from any and all participation
in the business Of the concern, and an
in~ven4ory and accounting was had at
such time, and about three years af-
forwards the excluded partner brought
an action for q dissolution Of the
partnership and for a recovery based
upon h inventory of May %, 1907,
and for an accounting since the said
inventory and up to the time of the
trial, and for general equitable re-
lief, and the defendants failed to
furnish such an accounting or to pro-
duce the books Of the partnership in
evidence: Held. that it was not error
for the trial court to render a personal
judgment against the defendant pat
ners, which was based upon the inven-
tory Of the 22nd day of May, 1907, and
to require he said defendants to as
sumo the debts of said partnership.
(Syllabus by the court).
Appeal from the district court of
Bottineau county, K. q. Leighton,
special Judge. 5
Action for the dissolution of a part
nership and for an accounting. Judg-
ment for plaintiff. Defendants ap-
peal.
Modified, Opinion of the court by
Bruce, j. Gross and Fisk, J., not
participating.
Noble, Blood & Adamson, Minot, N.
D., attorneys for defendants and APP
p~ellants.
Weeks & Noun. Bottineau, N. D.,
attorneys for plaintiff and respondent.
~
From Williams County.
Ole Tromsdahl, plaintiff and re-
spondent. VS.. Theodore Mass, Maria
Mass and Duncan Beaton, defendants;
Duncan Beaton, alone, appellant,
Action involving the validity Of a
mortgage given by mortgagor, a mar
ried man, without his wife Joining
therein, and under the following facts:
Mortgagor came here from Sweden in
1906. leaving his wife and six children
there. In 1907 he made homestead en-
try on land in Williams county, upon
which he established residence and
later offered final proof on June 8,
1905. the date on which he executed
the mortgage in question. Receivers
receipt was issued Oct. 90, following,
with delivery Of patent thereon in
June. 1903. This mortgage was re.
corded in October, 1908, Two years
later. in November. 1910, another mort
gage was given to appellant, Duncan
Beaton. which was also recorded. II
the first martgage be invalid the Bea..
ton mortgage is a first and only mort
gage, otherwise it Is subject % plain.
tift's mortgage. Each mortgage is fol
nearly as much as the land is worth
The entryman, mortgagor. testifes thai
he took the homestead as a home fol
himself and family with the intention
of at some time. and as soon as ht
secured sufficient money to do so, te
have his wife and family brought here
from Sweden. He has always been de.
pendent upon labor and has sent NOR,
than $500 to his family in Sweden fol
their support, sending the same il
small amounts at regular intervals. H,
is "a years old, his wife SIS. He ha.
never taken out final citizenship pa.
pers, having made final proof based OF
his declaration of intention to becom,
a citizen. The usual homesteader'
shack constituted the bulk Of his inn
provements on the land, which he lef
in June, 1908, returning to Bottineal
county, 200 miles distant, where he re
sided for four years to the date o
trial in 1912. If the land was a stat,
homestead, that is, was impresse,
with the characteristics Of a home q,
guaranteed exempt by section eos o