davidaulloa/AmericanStories huggingface dataset:
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
FROM WARD COUNTY.
Fred w. Fitch, Respondent,


Henry ,Engelhardt, Appellant. ~.
Syllabus: Plaintiff = owned land
mortgaged to the American Mortgage
and Investment company of st. Paul,
Mimi. Soon after taking It the mort.
gage had been assigned. to 'Engel
hardt. For four, years the interest
coupons had been collected by the
mortgage company Tor said assignee.
In May, 1912, upon maturity of the
mortgage, upon receipt from the com.
pany Of notice to pay interest and
principal, plaintiff paid the company
the amount of the mortgage and last
instalment of interest. The company
then failed without RENTING said
payment to defendant, holder of the
mortgage, and without delivering to
plaintiff the mortgage securities or a
satisfaction Of them Plaintiff brings
this action to quiet title and cancel
the mortgage as paid. The issue of
fact is whether the proof establishes
authority in the mortgage company
from Engelhardt to collect said inter-
est and principal.
Held:
a.. Authority in an agent and the
fact Of agency to receive payment o..
mortgage for the holder thereof may
be shown by OTHER proof than that of
the possession of the securities. And
such authority may be established
though the. mortgage securities were
not in the possession Of the collecting
agent or exacted by the mortgagor on
or prior to payment. .;
ca. Agency. and authority in the
mortgage company as the agent of
Engelhardt to collect the amount due
on said mortgage is sufficiently estab-
lished by the proof.
go Prior holdings upon proof Of
agency and authority to collect are
distinguished and held not controlling
under the facts. i
Appeal from a judgment of the Dis
trict Court of Ward County, Leigh
ton, j.
Affirmed. Opinion of the. Court by.
Goss, j; Fisk, G. j., and Bruce, j.,
concurring. Burke and Christianson,
j., dissenting. tT
Francis ]. Murphy of Bismarck, At.
torney for Plaintiff and Respondent.
Henry Moen of Hettinger, IL. d.,
Attorney for Defendant and Appel.
liant. (McDowell & Fosseen of Min.
neapolis, Mimi, of Counsel for Ap:
peliant)
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
JENNINGS is AMUSED.

Manager Jennings of the Detroit
baseball club has been amused at
stories published in American league
cities, that baseball scouts have been
closely watching the work OF Pitcher
Watson, left-handed twirler who
until recently, was with the Trinity
fTexas) university team. When the
Tigers were at Wayafachie last win
ter Watson burst into prominence
by striking out rs batters OF the Tex
A Christian university team, in a IA
inning game. Manager Jennings took
ofYicial notice of the feat; watched
Watson in practice workout and
Watson's signed contract now is In
President Navin's safe. The youngs.
ter will play with the Houston, Texas
club this season. after which he VIII
be recalled by the Tigers, 1t WIS an
uounced.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
LAND A'HoY-AUsTRALIA,

Promoter Baker Of Australia would
like to get Jack Dillon to go to the
kangaroo land and box Darcy, the
Australian champion. Baker sends
word that there is good bunch OF
money waiting for Dillon in Australia.
Buck Grouse is to have a chance at
Darcy shortly. If Dillon gets the
match with Frank Moran in this coun-
try he will get more out Of it than
he would meeting Darcy in Australia.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
treats said prior foreclosure as a

treats said prior foreclosure as a
nullity and states that no proceed
ings in law or in equity have been
had for the recovery Of said Indebted.
ness, and files lis pendens, and him
self testifies that he would not have
accepted a redemption under the
former certificates and for the sum
which it represents if it had been Of
fered to him, such person cannot,
within two months of the beginning
of such second action and during the
tendency Of such action, obtain a
sheriff's deed Of such land under said
prior foreclosure sale, and, by means
!!of such deed and in an action to quiet
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
.RENTR0P WINS TWO STRAIGHT
FALLS IN A CLASSY MATCH
Sport Gossip

Jack Ness no longer is one OF the
White Sox. The young first baseman
has been sold to the Baltimore team
of the International league.
1t was largely through the plead
ings of Eddie Collins of the Sox that
Ness was turned over to Baltimore.
Eddie has an interest in the Orioles
and is one of the directors Of the
club. Several American association
clubs wanted him but Comiskey yield
ed to the request of his star second
baseman.
Ness has a record in the Pacific
Coast league of having hit the ball
safely in III consecutive games.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
MCCONNELL SHOWING CLASS

Chicago, Ill.-George Mcconnell,
the tall pitcher who is doing the best
early slab work for the Cubs, picks
out his own days for going on the
mound. He is his own Judge as to
his fitness to perform, but according
to Manager Tinker, never fails to be
ready to take a regular turn on the
slab. Mcconnell, pitched the twenty
six consecutive innings without Civ
ing base on balls. In the twenty
seventh inning, viox drew the first
pass. Viox, also was the only man
to make safe hit off Of long George,
in the first game between the Pitts
burgh. Chicago series. Tinker expects
that four men will do the major part
of the pitching for him this season.
The quartette are Mcconnell, Hendrix
Seaton and Vaughn.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
Will STAGE Bia Meet.

The Mindak Motorcycle club, com.
posed Of the cyclists of Fargo and
Moorhead, will stage big meeting Of
the North Dakota race track in Far.
go, May 80, the plans being made at
a club meeting recently.
The events will be a five.mile stock
race, five-mile side-car race, five-mile
stripped stock race and 25-mile strip.
ped stock race.
Details of the meet will be worked
out by P. w. Frenette. Charles H.
Stems and Harrison Blunt.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
By Hop

title hereunder, deprive the mort
gagor and subsequent encumbrancers
Of the right to thereafter redeem from
his first and second mortgages and
under the second foreclosure which
he himself has Instituted.
Action to quiet title to land. APP
peal from the district court of Bot
tineau county, Burr, J.
Judgment for defendants. Plaintiff
appeals. ..-. .#
Albert Weber, of owner, for plain.
tiff and appellant. ...
A. Woodward, OF MaXbass, and
Cowan e Adamson and III. S. Blood
all of Devils Lake, contra. a..
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
Local Mat Artist Forced to the
Utmost to Down the Mont,
ana Boy.
POST PLAYS WITH
JANSEN AND WINS
Chicago Boy Is There and Chal-
lenges Rentrop for Bout
Next Friday.
Rv "GIll"

A fair sized audience of wrestling
fans were at the Armory last evening
and witnessed one of the classieSt
matches that has been pulled oft in
Bismarck for some time. Charles Rem
trop of this city and Roy Anderson OF
Billings, Mont, furnished some sport
for the fans that was awarded the
blue ribbon by every one in attend
ance Rentrop took two straight falls
from his opponent, the frs in 4S min
utes and As seconds and the second in
s minutes and 5 seconds. This feat
was accomplished after great effort
on the part of the local mat artist and
for the first time in several months he
was matched against man that gave
him tough tussle from the minute
they shook hands until he was finally
declared the winner.
That the fans witnessing the match
We're we'll pleased was evidenced time
and time again when the two men
were cheered after desperate effort
to free themselves from critical hold
they succeeded in doing so. Deafen-
ing applause greeted the men at fire.
quent intervals when they got away
from many holds that looked as
though they would bring them defeat.
Practically every hold in the wrest-
ling game was demonstrated ana
everyone was of the opinion that they
had their moneys worth and little
more thrown in.
Rentrop is deserving OF great credit
for his work last evening. He was
taxed to the utmost to win and Ander-
son proved himself an opponent
worthy of due consideration from any
person whom IL might bums against.
POST WINS WITH EASE.
Roy Post, the Chicago grappler who
met Albert Jansen in the prelimin-
aries, found his man easy and play
fully petted him throughout his match.
Post took the first fall in minutes
and IS seconds and the second IN ~
minutes and 80 seconds. He could
have easily disposed of the farmer
from New Salem in few seconds
but decided to give the crowd some
sport at the expense of the farmer
and also demons trated his skill. He
is wonderful wrestler and his work
brought forth the admiration OF the
fans, At the conclusion Of the match
Post gave a short exhibition of mat
work and tumbling.
CHALLENGES WINNER.
a. the conclusion of his bout Post
announced that he would challenge
the winner of the main bout for a
match next week. Rentrop being the
winner, last night informed the sport
ing editor of The Tribune that he
would gladly give Post an opportunity
to try and best him and negotiations
are now being made for a match at
the Armory hall next Friday evening
between these two men.
Fans who were present last evening
will make it point to attend this
match, providing satisfactory arrange
ments are made, and it is expected
much larger crowd will be out owing
to the fact that the worth OF both
men is now we'll known.
AT any rate every one was well sat
isfied and that means whole lot for
the wrestling game in this commun'
ity. Much thanks is due Mr.. o. w:
Roberts for his work as referee and
everyone was we'll pleased with his
decisions
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
sold by it under contract for deed to

sold by it under contract for deed to
stolz until nearly a year after said
improvements had been made and fur
Their that said company, never assum.
ed the Indebtedness. The operation
Of the lien was therefore properly re,
stricted to stolz' equity in the land.
(2). under the. proceedings of this
case set forth in the opinion, the trial
court did not abuse its discretion in
taxing the costs in favor of the land
company. %
Appeal from the District Court Of
Stutsman County; Coffey J..
Affirmed. Opinion Of the Court by
Burke, J.
s. e. Ellsworth, jamestown, Attor-
ney for Appellant. ..--z ..... ,.;s
Oscar J. Seller and Marion Conklin,
jamestown, Attorneys for Respond
ent. 80 -.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
WILL HAVE BASEBALL TEAM

CoOpertoWn, N. D.-At basebaIl
meeting recently Cooperstown decided
to put in the field one of the strongest
teams in this part of the country.
Theo A. Marquardt has been elect
ed manager and is now on the lookout
for a first class battery that can de-
liver the goods. The team expects
to be ready to play about May 10.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
DILLON Is THERE.

Light heavyweights who can give
Dillon real fight are as scarce as
middleweights who can make it in
teresting for Mike Gibbons. If only
Gibbons and Dillon can ever get to.
gether, the fans will have something
worth watching.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
Christie-Chip Go Arranged.

Gus Christie and George Chip viii
clash in 15-round bout in Dayton,
O., some time during May. These
battlers were scheduled to meet the
latter part of this month, but the pro-
moters set the date back. Chrisie is
a the present time training j nIndi.
annapolis.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
AcGIEs SWAMP WAHPEToN.
GREAT PITCHING TRIO.

Winnipeg has succeeded in signing
a great trio of pitchers in Boaromall
Benton and Jarvis. Benton, with su'
perior last year, was its pest pitcher
Boardman,. former A.. Az pitcher, is q
world beaten, while Jarvis was re-
garded as Winnipeg's fbest bet last
season. The Winnipeg team is at
Whitewater, II Wis. Honey, Miller
Courch and Donovan also are tryine
for a mound Job with the Peggers.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
ABSOLUTELY NO ARGUMENT.

There was no argument IN Boston
about Mike O'Dowds victory over Joe
Egan. A Knockout does not leave
much room for alibis. Egan is boy
well thought of in Boston, and the
Harp's victory puts him in line for
some good matches in the East.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
FOR FREDDIE WELSH,

Freddie Welsh is off on another
lemon-picking tour. One of these
nights some unknown will accidental.
~ douse the glim for Freddie while
the latter is counting the house.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
SAINTS NOT so BAD.

The Saints are trailing in the A. A.
race for a little while but they are
not so far behind as the Giants and
Athletics are in their respective lea
cues. Three from the Senators will
put the Saints up on the 800 mark.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
A PROMISING RACE.

Dario Resta. auto racer, and De
Lloyd Thompson, aeroplane pilot, will
meet in four-mile speed duels at
Sheepshead bay, Nav 6 and Z, to test
the relative speeds of their favorite
style of craft.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
on! YOU ANDRE.

Now that he has been flattened for
the 'steenth time, it has been moved!
and seconded that Andre Anderson
claim the horizontal heavyweight title.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

D. J. Burrill Of Velra was SO badly
burned that his life is despaired of.
He went downstairs to light the fire
in wood stove and poured gasoline
npon the wood and it immediately
exploded and his clothes caught FIRE.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
FROM srursmAN COUNTY

Powers Elevator Company, Plantln
and Respondent, VS..
Northern Real Property Company, De.
fendant and Respondent.
syllabus: Action to foreclose me.
chanics lien trial de novo. Evidence
examined and held:
~. That the land company was not
aware Of the purchase Of the lumber
used in improvements upon a farm
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
FROM LAmouhE COUNTY

Il. RI. Elliott and q. w. White, Plain
tiffs and Respondents, VS..
John Clenans and. Louise Clemans,
Defendants and Appellants.
Syllabus: Action to foreclose real
estate mortgage. Defense material
alteration of notes and mortgage;
trial de novo in this court. The only
question involved is whether the
notes and mortgage in question were
changed from $500 to $844.45, before
or after their execution. The evil
dence is examined and held that tha
notes and mortgage in question had
not been examined in any particular
since their execution.
Appeal from the District Court of
LaMourse County. Nuchols, ].
Affirmed. Opinion of the Court by
Burke, ]. -*.'s e - -''F'.
M. c. Lasell, of Aberdeen, S. D.,
and S. e. Ellsworth, of jamestown, N.
D., Attorneys for Defendants and Ap.
pellants.
Hutchinson & Lynch Of LaMourse,
N. D., Attorneys for Plaintiffs and
Respondents.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
FROM eOrTINEAU COUNTY.
State Bank of iMaXbass. Plaintiff ant

State Bank Of Maxbass, Plaintiff and
Appellant, VS..
Honore Hileman, ct al, Defendants
and Respondents.
Syllabus: Where the owner of the
first and second mortgages upon a;
piece of land which aggregates the
sum of $1,000, forecloses said mort.
cages by advertisement, but through
some mistake, states in hts notice
that the sum due is only 1910, and
himself purchases the sheriff's certifi-
Gates at said sale for such price and
afterwards and for fear that the
mortgagor and subsequent encum-
brancers may seek to redeem from,
him for such sum, refOrecloses said
mortgages and in his complaint
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
E. - n*.iee3@A%%%
:: STANDING or. THE CLUBS "
q = 4 . q q q q q q q . . 80
AMERICAN ASSOCIATION
Today's Games

Columbus at Milwaukee; Toledo at
Kansas City: Indianapolis at St. Paul
and Louisville at Minneapolis.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
: *:***o*ee*****~
:. STANDING OF. THE CLUBS !.
e = = = 4 = q = = = e + 4 .
AMERICAN LEAGUE
Today's Games

Today's Games
St. Louis at Detroit; Cleveland at
Chicago; Washington at Philadelphia
and New York at Boston.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
BASEBALL
+ + + +, = &, = =. = = 8 e e q . .
: STANDING or THE CLUBS :
& E + = = = = Z e e + = Z q q q
NATIONAL LEAGUE

.. Today's Games - u.
Boston at New York; Philadelphia
at Brooklyn: Cincinnati at St. Louis
and Chicago at Pittsburg. =,
Fridays Games ;
Club r. II. T.
AT St. Louis .......... ..... y 10 0
Cincinnati ................. 10 7 8
Observation-Disclosures, Sallee, Jasper
and Ganzales,. Snyder; Knetzer, Nc
Henry, Mitchell and Clark.
Club r. II. +
At Pittsburg ................ ; IL 2
Chicago NEUTRALITY-SUSPICIOUS.. 3 L
Batteries-Harmon MammauX, Kan
tlehner and Schmidt: Hendrix, Seat
on, Mcconnell and Archer. ,". a..
Thirteen innings a.. .-s@ Hi.
Brooklyn!Philadelphia game and
New York-Boston game postponed ac-j
count Of rain. ~. 4t.t Is: "
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06

-Cunningham James, Bo
land, McTigue, Boehler and Stanage
Plank and Hartley.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
Fridays Games

Batteries-Ruth, Mays. Greggs,
Jones and Thomas, Agnew; Fisher,
Mogridge, Schalke and !Nunamaker.
Thirteen innings.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1916-05-06
fridays Games 6;

Observation-Disclosures and Lam
Royce and SChang.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-03
Week End Sale Toilet
Needs

Cuticura Soap, 3 cakes in box. SOC
Professional Cold Cream,
2-lb. can. .ASc
Babcock's Corylopsis Talcum. lie
All Talcum Powder, can. .lzJzc
Talcolette Talcum Violet, bot. 15c
Java Rice Powder, box. &c
Colgate's Cashmere Bouquet
Face Powder, box. ...........I0 c
Babcock's Cut Roses Face
Powder, box. ........ .I9c
Wrisley's Flower Odor Toilet
Soaps, 8 cakes in box for. Csc
Vivo Cold Cream, for cleansing
the skin; professional size jar .3sc
Mozart Jayola Face Powder
(new), Csc size................lsc
Djer Kiss Face Powder, all
shades, box. ...... .4Sc
Main Floor-Lansburgh & Bro.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-03
.Perfecf-Fifting
Knit Underwear

is both warm and comfortable
for wearing in cold weather. We
specialize in perfect-htting gar
ments.
Here are some very special val
ues for .tomorrow's shoppers.
Medium-weight Vests and Pants,
Garment, Soc
OF fine combed white yarns.
These garments are very desirable
for present wear. The famous
Forest Mills make. Vest and
tights in all styles. A great value
Extra sizes, SOC.
Medium-weight Combination
Suits, &C
Fine ribbed bleached quality.
medium weight; low neck, band
top; knee and ankle length. Ex-
ira sizes and a very special value.
Children,s Fleeced Vests and
Pants, Csc.
Fine ribbed bleached quality,
lined with soft fleece. Vests, high
neck and long sleeves; pants,
ankle length. Extra sizes, 29c.
Silk-top Combination Suits,
$1.0e
Low neck. sleeveless, knee
length, OF fine combed yarns, in
white, finished with glove silk
tops of pink and white. Extra
sizes. $1.z5.
Main FIoor-Lansburgh & Bro.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-03

Even though you find no COM
parative prices in our Daily Store
News, we wish to impress upon
YOU the fact that store dong
the volume of business that we
do is at all times able to sell mer-
chandise at lowe t-in-the-clty
prices. When you see supposed
ly bargains" elsewhere, compare
them with our offerings OF a
similar quality before buying. IN
that way you will be convinced OF
our-"Selling Supremacy"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-03

For the little fellows from to 8
years of age. These suits are made
of navy blue serge. with white
pique collars and cuffs; some also
have round ivory buttons and white
belts. The pants are all straight
bottom.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-03
Hats, SOC to $3.50

A new stock-the complete stock
consisting of the newest styles
and shapes in Velvet. Velour, Blue
Serge, Fancy Tweed and Home
spuns, suitable for boys from 5 to
Ia wears.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-03
Typographical Error.

From the Springfield Republican.
A typographical error causes Maine
paper to say that the state prohibition
platform calls for the enforcement of
the Maine law" But the prohibitionists
probably think that they are the one
party that believes in the laws en-
forcement and not its reinforcement"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-03
Mackina.os at s4.es, s5.es and s6.ss

They be had in handsome pads and blanket
binaon coong of and black and
black and and shaded and They
have shawl collars and doublebreaed STYLE
large patch pockets and belts Sizes o IS years.
Third Foor-Lansburgh & Bro.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-11-03
"A Broadcloth Collar,
Please"

This is heard every day, and
many times day, in the Neck
wear Shop. 1t may be collar for
a .coat-possibly one for a serge
dress-and it may be one to wear
with Taffeta Frock-for broad
cloth is the most popular of all
materials for collars-and they are
all here.
Choice of Round or Square
Shapes, in a number of pretty
styles, at Soc.
Collar and Cuff Sets of broad
cloth, at $l.o0.
Satin Collars, in all the newest
styles, at $1.50, $l.75, $500 and $3.50.
Main Floor-Lansburgh & Bro.