Music Trade Review
Issue: 1895 Vol. 20 N. 5 - Page 13
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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MTSIC TRADE REVIEW.]
4. A judgment in proceedings by plain-
tiffs or their privies to enjoin 11 's ex-
ecutors from selling- the land described in
the mortgage, holding that the mortgage
debt was unpaid, and that the power was
sufficient for the executors to make the
sale, is, though erroneous, a bar to plain-
tiffs' right to deny the executors' authority
under the power to make the sale, on ex-
ceptions filed by plaintiffs to the sale of the
property by such executors.
5. Code, art. 66, £ 15, provides that no
injunction to stay a sale of mortgaged
property by such executors, shall be
granted unless the party praying the in-
junction shall, on oath, allege payment in
whole or in part, and that the mortgagee
refuses to credit the same. Held, that a
bill to enjoin such sale, which alleges that
the mortgage has been paid, gives the
court jurisdiction, and it may determine,
not only that the mortgage debt was un-
paid, but that persons named in the mort-
gage had power to make the sale.
Barrick et al. v. Horner, Court of Ap-
peals of Maryland, Nov. 23, JH93.
MORTOAOKS —AliSOLUTK
DKK1)
STATUTK OF
No Elevated on Wabash Avenue.
the lien thereof, where he is not in posses-
sion under it, after the debt secured is
barred by limitation,
McKeen et al. v. James et al Court of
Civil Appeals of Texas, Oct. 1 1, 1S93.
T
PARTNERSHIP
INCO.M1NC PARTNKR —I.I A 111 I. TV
FOR DKBTS OF OLD FIRM.
An incoming partner is not liable for the
debts of the old firm where there is nothing
said or done by him that can reasonably
be construed into a promise to become lia-
ble therefor.
Wolff v. Madden et al., Supreme Court of
Washington, June 16, 1893.
Electric Power February 1.
A
BUFFALO dispatch says the first of
the three great dynamos for the Cata-
ract General Electric Company of Niagara
Falls has arrived there, and will be placed in
position immediately. "Prior to the ship-
ment this unique and powerful machine
was thoroughly tested in the shops of the
Westinghouse Company, at Pittsburgh and
was found to be capable of making 261
revolutions to the minute, eleven above the
required number. Shafting' and hydraulic
connections for the dynamo are already in
place, and the prospects are -now that the
power will be ready for distribution by the
first of Februarv."
HE people behind the Union Terminal
Loop Company have apparently
pretty well given up hope of converting
Wabash avenue property-owners to the
belief that an elevated railroad in front of
their property will improve values, says the
Chicago Tribune. The men who have been
at work canvassing for the signatures on
Wabash avenue have been called off and
have been put to work amonjf property-
owners on Clark street. The company is
keeping" quiet about this change of front
and is evidently endeavoring to .obtain a
good percentage of the required signatures
on Clark street before any announcement is
made that a change of plans is really con-
templated.
The Wegman Piano.
T
HE Wegraan Piano Company are fin-
ishing a new style upright, and a
baby grand piano, which they will have
ready for the market about the middle of
next month. The Wegman concern re-
port an excellent business for the past few
months, and the}' are quite optimistic about
the outlook for the Spring.
LIMITATION".
1. Where it is sought to declare a deed
absolute on its face a mortgage, the burden
of proof is on the party asserting such
claim, and in determining such question the
situation of the parties, and all the attend-
ing circumstances, at the time the deed was
agreed on and made, are to be considered.
2. Where a personal judgment is obtained
on a note secured by mortgage, the note is
merged in the judgment, which also carries
with it the mortgage lien, and an action on
the original indebtedness will not stop the
running of the statute of limitations
against the judgment.
3. A grantee in a deed absolute in form,
but intended as a mortgaeo cannot enforce
BAR
THE
Sterling Company,
Tie Highest Type."
* * *
RUSSELL
(Successors to STARK & STRACK.)
MANUFACTURERS OF
PIANOS
:
Pianos and Organs,
THE HIGHEST STANDARD OF EXCEL-
LENCE MAINTAINED FOR
THIRTY YEARS
PIANOS
WAREROOMS& FACTORIES
233 to 245 E. 23rd ST., N. Y.
MANUFACTURED BY
FACTORY:
DERBY, CONN.
It is admitted by all that no piano ever put upon the
market has met with such success as THE SI KIU.ING,
and thou ands will testify to their superiority of work-
manship and durability. Why ? Because they are made
ju?t as perfect as a piano can be made.
THE S TEKLING ORGAN has always taken the lead, and
the iaiprovements made this year puts it far ahead of
all others. £2T*Send f° r Catalogue.
Bos. 171 and 173 South Canal Street,
CHICAGO.
GRAND, SQUARE AMD UPRIGHT,
Indorsed by Liszt, (iottsdialk. Welili, ttendel, Straus, Soro, Abt,
l'aulus, i itiens, Heilbron au.I Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.
THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MTSIC TRADE REVIEW.]
4. A judgment in proceedings by plain-
tiffs or their privies to enjoin 11 's ex-
ecutors from selling- the land described in
the mortgage, holding that the mortgage
debt was unpaid, and that the power was
sufficient for the executors to make the
sale, is, though erroneous, a bar to plain-
tiffs' right to deny the executors' authority
under the power to make the sale, on ex-
ceptions filed by plaintiffs to the sale of the
property by such executors.
5. Code, art. 66, £ 15, provides that no
injunction to stay a sale of mortgaged
property by such executors, shall be
granted unless the party praying the in-
junction shall, on oath, allege payment in
whole or in part, and that the mortgagee
refuses to credit the same. Held, that a
bill to enjoin such sale, which alleges that
the mortgage has been paid, gives the
court jurisdiction, and it may determine,
not only that the mortgage debt was un-
paid, but that persons named in the mort-
gage had power to make the sale.
Barrick et al. v. Horner, Court of Ap-
peals of Maryland, Nov. 23, JH93.
MORTOAOKS —AliSOLUTK
DKK1)
STATUTK OF
No Elevated on Wabash Avenue.
the lien thereof, where he is not in posses-
sion under it, after the debt secured is
barred by limitation,
McKeen et al. v. James et al Court of
Civil Appeals of Texas, Oct. 1 1, 1S93.
T
PARTNERSHIP
INCO.M1NC PARTNKR —I.I A 111 I. TV
FOR DKBTS OF OLD FIRM.
An incoming partner is not liable for the
debts of the old firm where there is nothing
said or done by him that can reasonably
be construed into a promise to become lia-
ble therefor.
Wolff v. Madden et al., Supreme Court of
Washington, June 16, 1893.
Electric Power February 1.
A
BUFFALO dispatch says the first of
the three great dynamos for the Cata-
ract General Electric Company of Niagara
Falls has arrived there, and will be placed in
position immediately. "Prior to the ship-
ment this unique and powerful machine
was thoroughly tested in the shops of the
Westinghouse Company, at Pittsburgh and
was found to be capable of making 261
revolutions to the minute, eleven above the
required number. Shafting' and hydraulic
connections for the dynamo are already in
place, and the prospects are -now that the
power will be ready for distribution by the
first of Februarv."
HE people behind the Union Terminal
Loop Company have apparently
pretty well given up hope of converting
Wabash avenue property-owners to the
belief that an elevated railroad in front of
their property will improve values, says the
Chicago Tribune. The men who have been
at work canvassing for the signatures on
Wabash avenue have been called off and
have been put to work amonjf property-
owners on Clark street. The company is
keeping" quiet about this change of front
and is evidently endeavoring to .obtain a
good percentage of the required signatures
on Clark street before any announcement is
made that a change of plans is really con-
templated.
The Wegman Piano.
T
HE Wegraan Piano Company are fin-
ishing a new style upright, and a
baby grand piano, which they will have
ready for the market about the middle of
next month. The Wegman concern re-
port an excellent business for the past few
months, and the}' are quite optimistic about
the outlook for the Spring.
LIMITATION".
1. Where it is sought to declare a deed
absolute on its face a mortgage, the burden
of proof is on the party asserting such
claim, and in determining such question the
situation of the parties, and all the attend-
ing circumstances, at the time the deed was
agreed on and made, are to be considered.
2. Where a personal judgment is obtained
on a note secured by mortgage, the note is
merged in the judgment, which also carries
with it the mortgage lien, and an action on
the original indebtedness will not stop the
running of the statute of limitations
against the judgment.
3. A grantee in a deed absolute in form,
but intended as a mortgaeo cannot enforce
BAR
THE
Sterling Company,
Tie Highest Type."
* * *
RUSSELL
(Successors to STARK & STRACK.)
MANUFACTURERS OF
PIANOS
:
Pianos and Organs,
THE HIGHEST STANDARD OF EXCEL-
LENCE MAINTAINED FOR
THIRTY YEARS
PIANOS
WAREROOMS& FACTORIES
233 to 245 E. 23rd ST., N. Y.
MANUFACTURED BY
FACTORY:
DERBY, CONN.
It is admitted by all that no piano ever put upon the
market has met with such success as THE SI KIU.ING,
and thou ands will testify to their superiority of work-
manship and durability. Why ? Because they are made
ju?t as perfect as a piano can be made.
THE S TEKLING ORGAN has always taken the lead, and
the iaiprovements made this year puts it far ahead of
all others. £2T*Send f° r Catalogue.
Bos. 171 and 173 South Canal Street,
CHICAGO.
GRAND, SQUARE AMD UPRIGHT,
Indorsed by Liszt, (iottsdialk. Welili, ttendel, Straus, Soro, Abt,
l'aulus, i itiens, Heilbron au.I Germany's Greatest Masters.
Established over Half a Century.
BOSTON, MASS.
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