New Ulm review., 1922-03-15
DIST. COURT ADJOURNSs 49,
WITH A CLEAN SLATE
Cases Of Berkner vs.. Decker, Bent
son VS.. Saffert- t-Guggisberg, and
Farmers State Bank Of Spring
field vs.. Henry Schenk Heard and
Disposed of. Not much Left
| Over.

Court adjourned Monday afternoon
at 8 o'clock after having practically
disposed Of all the court cases that had
been noticed for trial at the December
term but were not reached at that
time. When the case of the S. Hage
Lumber Co. VS.. L. I. Bjorneberg was
reached there was no appearance on
the part of the defendant and the
plaintiff proved his case and the court
ordered Judgment for the amount
claimed in the Mechanics Lien.
Last Wednesday the case of Olaf
Bentson, ct al VS.. The Saffert & Gug-
gisberg Cement Construction Company
ct al was tried and the Court took the
case under assignment. In this case
it appears that the late William H.
Guggisberg had taken a contract for
a ditch which was later on completed
by his bondsmen at cost in excess of
the contract price and this action was
started for the purpose of securing a
lien on this stock held by William II.
Guggisberg in the local company
After this case was disposed of court
adjourned until, Saturday, March II.
At that time the case of Ed. Berk-
ner ct al VS.. Roman P. Decker ct al
was taken up. This is a rather COM
plicated case. 1t seems that Ed Berk-
ner sold a farm to Decker on which
Decker paid down the sum of $4,000
Not being able to meet a $4,000 pay.
ment due March 1, 1921 it was agreed
that the old contract should be can.
celled and new contract be made
which together with chattel mortgage
on all of the personal properly O
Decker was to be assigned to the State
Bank of Sleepy Eye for loan O
$4,000 to Decker. The payment. o
this note also was to be guaranteed
by Berkner. Apparently The cid cen
tract was rot delivered up and late
Decker assigned his interest in the olt
original contract to S. A. Wolldricl
who placed his contract and the assign
ment on record. The new contrac
had not been placed on record. TIL
; Court is now called upon to decid
whether or not the assignment t
; Wooldrick is to stand. Decker ha
. turned over to the State Bank tn
property covered by the chattel mort
, gage Of the value Of about $1,000.
| The last case to be tried was tha
/ Of the Farmers State Bank Of Spring
/ field VS.. Henry Schenk, ct al. Thi
J action was brought for the purpose 9
z compelling Schenk to assign a ccntrac
!. for deed for a 160 acre farm nea
+. Springfield to the bank for payment
!, advanced by them to Schenk's sol
], It appears that Schenk gave a COZ
e tract for deed to his son and to enab
J, the son to make the payments to tx
!; father he borrowed from the Farme
State Bank Of Springfield and to pr,
tect themselves they brought this a
4 tion for the purpose Of forcing Schef
! to assign this contract to the bank al
: also to cancel quit claim deed viii,
. had been given by the son to Il
! father for the 80 acres not the hom
stead. J5,.
= After the adjournment the, Cou
! heard motions during the balance
Il the afternoon. The cases undispos
% cf are the cases Of Martha Meidl ,
n Frank Maidl, Lampert Lumber
T. VS.. S. Haugen, Lampert Lumber
!, VS.. Edward G. Sperstad and Ri
i Engelbert VS.. Meta Nelson, ct al.
X
81 Harvey Laeson, the six year cid $
SS r.. 1. r