Mohall State Bank (Mohall, ND)

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Grain

Chicago.-Accepting the government's figures on crop and carry-over from and assuming home consumption is at prewar rate, we find about 70,000,000 bushels of wheat remaining for export in the next seven months. New export business is averaging around 1,000,000 bushels daily. This is not a comfortable showing for those who believe that deflation is not yet complete.-T. & M. Chicago.-Julius H. Barnes, former president of the United States grain corporation. who was in Chicago yesterday, said: "I think we have seen worst of the liquidation in the grain markets, security and commodities markets. I do not see anything especially bullish in the wheat situation, but the apprehension regarding the grain and commodity markets has placidly subsided. The export situation is healthy. Sales running around 1,000,000 bushels per day on the average. However, we have not as yet used up our exportable surplus owing largely to the fact that domestic consumption is smaller than usual this season. Chicago.-Estimated today hogs left over 14,356. Average price hogs yesterday $9.90 against $12.45 week ago and $13.20 year ago.-C. C. & Co. Grain receipts-Duluth. wheat, 291; Minneapolis, wheat, 495; Winnipeg, wheat, 884; Kansas City, wheat, 155; corn. 21; oats, 1. St. Louis-Cars: Wheat, 42 local and 45 through; corn, 31; oats 27 local and 18 through. Chicago-Very little doing in hogs; bidding sharply lower: one load choice medium butchers. $10.00; quality fairly good.-Wagner to Shepard & Gluck. Chicago.-Private bank at Homer, III., in heart of corn belt, has failed for $280,000. One report says 5,000,000 pounds of January lard was bought Monday by packers. January ribs at $12 and January lard at $14 represent around $9 hogs. Western hogs dropped 50 cents to $1 and are around a $9.90 average.-Wild to Shepard & Gluck. Omaha.-Hogs 50c lower. Chicago.-Local fresh pork resumed its downward course this morning with a drop of 2 to 3 cents per pound. Pork loins at 32 cents are lowest for this cut since the early war days. Chicago.-United Kingdom: Reduction in wheat prices by the wheat commission is expected shortly. Merchants here are able to offer at prices below official rates. Chicago.-Cargo of 150,000 Canadian dark No. 1 spring wheat arrived at South Chicago yesterday. Chicago.-Bartlett Frazier out with opinion that country banks are loaded and farmers must sell corn. The very weak opening in grain has led to some lack of confidence on part of break buyers.-Wild. Chicago.-Winnipeg wires: Lots good buying November wheat. Must have been business worked some place.Wild to Shepard & Gluck. Chicago.-Main cause of break and selling at opening was caused by following message before opening: "There are 300,000 barrels of flour here at Philadelphia, three elevators in distress and losses terrific and final draft on unpaid much more to arrive. I understand same conditions prevail in other terminals. It will break up a lot of mills.-O'Brien to McFall. Minneapolis.-Mohall State bank, Mohall, N. D., closed. Chicago.-Wild says: On account of big receipts Friday believes March wheat will sell at $1.47 and May corn at 70c. Chicago.-New York wires 2,000,000 wheat worked to Spain and Italy. Chicago.-Thomson McKinnon's Wichita, Kas., office wires: "A plan of advancing farmer a dollar a bushel on wheat with contract that he can deliver now and sell any time he wants to have been adopted by large line elevator houses and mills. This will move considerable wheat and stop lot of talk about foreing farmers to sell." Stock. New York-National City bank, New York, places $10,000,000 at disposal of Cuban sugar planters. Great pressure be brought on congress next month for immediate legislation to aid business, tax reform and foreign trade promotion up; shoe prices cut ZU per cent in St. Louis; United States government holds over-$11,000,000,000 of foreign securities. Wall Street Journal: Reading road orders 20,000 tons of rails; Gary says business conditions are good, no panic in sight, smaller profits ahead, labor 85 per cent unorganized. New York-1A leading banker expressed opinion that big liquidation is over. He acknowledged there are two or three sore spots in the market; says that these will be undoubtedly taken care of.-Hensley.

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MOHALL BANKERS ARE ARRESTED Three Officials of Closed Institution Face Embezzlement Charges. Mohall. N. D., Jan. 20.-J. C. Peters, president, F. W. Weibe, vice president, and W. W. Bergman, cashier of the Mohall State bank which closed several weeks ago, were arrested by Sheriff James McKechnie late Tuesday on warrants issued by State's Attorney Percy S. Crewe. The warrants, sworn out by John Bena, deputy state bank examiner, charge the three bank officers with embezzlement of $9,000 in Liberty bonds SCVeral months ago. Bonds were fixed at $10,000 each and arrangements are being made for preliminary hearings before the end of the week. W. H. McIntosh of the state bank examiner staff, whose appointment as receiver of the institution was confirmed by Judge Burr in the district court at Rugby Tuesday, has not completed his examination of the affairs of the institution, but it is stated in some quarters that the bank's shortage will amount to several hundred thousand dollars and that other criminal actions are probable. In the court action in the district court at Rugby yesterday officers of the bank sought to have George Schofield, former sheriff of Renville county, appointed receiver instead of W. H. McIntosh. Bottineau banker. who was appointed by O. E. Lofthus, state bank examiner.

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MOHALL BANKERS ARRESTED FOR EMBEZLEMENT Mohall, N. D., Jan. 19.-J. C. Peters, president, F. W. Weibe, vice president, and W. W. Bergman, cashier of the Mohan State bank, which closed several weeks ago, were arrested by Sheriff James McKechnie late yesterday on warrants issued by State's Atty. Percy S. Crewe. The warrants, sworn out by John Bena, deputy state bank examiner, charge the three bank officers with embezzlement of $9,000 in Liberty bonds several months ago. Bonds were fixed at $10,000 each and arrangements are being made for preliminary hearings before the end of the week. W. H. McIntosh, of the state bank examiner's staff, whose appointment as receiver of the institution was confirmed by Judge Burr in district court at Rugby yesterday, has not completed his examination of the affairs of the institution but it is stated in some quarters that the bank's shortage will amount to several hundred thousand dollars and that other criminal actions are probable as a result In the action in district court at Rugby yesterday, officers of the bank sought to have George Scofield, former sheriff of Renville county, appointed receiver instead of W. H. McIntosh, Bottineau banker, who was appointed by O. E. Lofthus, state bank examiner.

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REPORT ARRESTS AT MOHALL IN BANK FAILURE Mohall, N. D., Jan. 21.-J. C. Peters. president; F. W. Weibe, vice president, and W. W. Bergman, cashier of the Mohall State bank, which closed several weeks ago, were arrested by Sheriff James McKechnie late yesterday on warrants isued by the state's attorney, Percy S. Crewe. The warrants, sworn out by John Bena, deputy state bank examiner charge the three bank officials with embezzlement of $9,000 in Liberty bonds several months ago. The thrée were held in bonds of $10,000 each and arrangements made for preliminary hearings late this week. W. H. McIntosh of the state bank examiner's staff, whose appointment as receiver of the institution was confirmed by Judge Burr in the district court at Rugby late yesterday, has not completed his examination of the affairs of the institution and the extent of the alleged defalcations has not been learned. It was stated at the office of the state examiner today that no word had been received from Mohall concerning the action. O. E. Lofthus, examiner, is out of the city.

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Suit For Slander Grows Out Of Bank Closing At Mohall Mohall, Feb. 20.-George A. Scofield. former sheriff of Renville countv. has instituted a $20,000 damage action against S. H. Sleeper of Mohall. The plaintiff alleges slander. The case is one of the developments following the closing of the Mohall State bank. Sleeper was first named temporary receiver for that institution but was removed and succeeded by Scofield. The banking board took the matter into court and had its appointment of W. E. McIntosh of Bottineau sustained. It is understood Mr. Scofield takes exception to certain statements alleged to have been made by Sleeper concerning the manner in which Scofield discharged the duties of sheriff.

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NOTICE OF MORTGAGE FORECLOSURE SALE ON SPECIAL EXECUTION

NOTICE IS HEREBY GIVEN That by virtue of a Judgment and Decree in foreclosure rendered in, and given by the District Court of the Second Judicial District, in and for the County of Bottineau, State of North Dakota, and duly made, entered and docketed in the office of the Clerk of said Court in and for said County on the 9th day of January, 1922, in an action wherein the Farmers State Bank of Bellingham, Minnesota, a Banking Corporation, is Plaintiff, and Chas. T. Grace, C. J. Lofgren, Burlington Savings Bank of Burlington, Vermont, a Banking Corporation, First State Bank of Russell, N. D., a Banking Corporation, Mohall State Bank, Mohall, N. D., a banking corporation, and W. H. McIntosh, Receiver of Mohall State Bank, Bottineau County, N. D., a Municipal Corporation, are Defendants, awarding a Judgment and Decree in favor of the Plaintiff and against the Defendant, and for the foreclosure of a Real Estate Mortgage, and for personal judgment against Chas. T. Grace and C. J. Lofgren for the sum of $2739.30, which judgment and decree among other things directed the sale by me of the real estate hereinafter described to satisfy the amount of said Judgment and Decree, with interest thereon and the costs and disbursements of such sale, or so much thereof as the proceeds of such sale applicable thereto will satisfy. And by virtue of a Special Execution to me issued out of the office of the Clerk of Said Court in and for Bottineau County, N. D., and under the seal of said Court, directing me to sell said real estate pursuant to said Judgment and Decree,

NOW, THEREFORE, I, Thos. Hennessy, Sheriff of Bottineau County, N. D., the person appointed by said court to make said sale, will sell the hereinafter real estate to the highest bidder for cash at public auction at the front door of the Court House in the City of Bottineau, County of Bottineau; and State of North Dakota, on the 18th day of February, 1922, at two o'clock P. M. of that day, to satisfy the said Judgment and Decree, together with interest and costs thereon, and the costs and expenses of such sale, or so much thereof as the proceeds of said sale applicable thereto will satisfy. That the premises to be sold pursuant to said Judgment and Decree, and to said Special Execution and to this Notice, are described in said Judgment as follows, to-wit: The Northeast Quarter (NE¼) of Section Fifteen (15), Township One Hundred Sixty (160), Range Eighty (80), Bottineau County, N. D. That on the day of sale there will be due on said Judgment and Decree the sum of $2739.30.

Thos. Hennessy, Sheriff of Bottineau County, North Dakota. By Wm. Collins, Deputy. Jan. 19 to Feb. 16.

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NOTICE OF SALE

NOTICE IS HEREBY GIVEN, That by virtue of a judgment and decree in foreclosure, rendered and given by the District Court of the Second Judicial District, in and for the County of Bottineau and State of North Dakota, and entered and docketed in the office of the Clerk of said Court in and for said County on the 13th day of July 1922, in an action wherein George Schmich was plaintiff and John D. Brown, Jimena Brown, W. H. McIntosh, Receiver of the Mohall State Bank, Minnesota Transfer State Bank of St. Paul, Minnesota, and the Coon Valley State Bank of Coon Valley, Wisconsin, were defendants, in favor of the said plaintiff and against said defendants John D. Brown and Jimena Brown, for the sum of Four Thousand Fifty Three and 57-100 ($4,053.57) Dollars, which judgment and decree among other things directed the sale by me of the real estate hereinafter described to satisfy the amount of said judgment, with interest thereon and the costs and expenses of such sale, or so much thereof as the proceeds of such sale applicable thereto will satisfy. And by virtue of a writ to me issued out of the Office of the Clerk of said Court in and for said County of Bottineau and under the seal of said Court, directing me to sell said real property pursuant to said judgment and decree, I, Thos. Hennessy, Sheriff of said county and person appointed by said Court to make said sale will sell the hereinafter described real estate to the highest bidder for cash at public auction, at the front door of the Court House in the City of Bottineau, in the County of Bottineau and State of North Dakota on the 25th day of August, 1922 at 2:00 o'clock P. M. of that day to satisfy said judgment, with interest and costs thereon, and the costs and expenses of such sale, or so much thereof as the proceeds of such sale applicable thereto will satsfy. The premises to be sold as aforesaid pursuant to said judgment and decree, and to said writ and to this notice are described in said judgment, decree and writ as follows, to wit: The North East Quarter (NE¼) of Section Twenty-Eight (28) in Township One Hundred Sixty One (161) North, of Range Eighty three (83) West of the 5th P. M. containing 160 acres more or less, according to the U. S. Government Survey thereof, Bottineau County, N. D.

THOS. HENNESSY, Sheriff, Bottineau County, N. D. Chas. A. and Chas. M. Pollock, Attorneys for plaintiff, Fargo, N. D. July 20 to Aug. 17.

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NOTICE OF SALE NOTICE IS HEREBY GIVEN, That by virtue of a judgment and decree in foreclosure, rendered and given by the District Court of the Second Judicial District, in and for the County of Bottineau and State of North Dakota, and entered and docketed in the office of the Clerk of said Court in and for said County on the 13th day of July 1922, in an action wherein George Schmich was plaintiff and John D. Brown, Jimena Brown. W. H. McIntosh, Receiver of the Mohall State Bank, Minnesota Transfer State Bank of St. Paul, Minnesota, and the Coon Valley State Bank of Coon Valley, Wisconsin, were defendants, in favor of the said plaintiff and against said defendants John D. Brown and Jimena Brown, for the sum of Four Thousand Fifty Three and 57-100 ($4,053.57) Dollars, which judgment and decree among other things directed the sale by me of the real estate hereinafter described to satisfy the amount of said judgment, with interest thereon and the costs and expenses of such sale, or so much thereof as the proceeds of such sale applicable thereto will satisfy. And by virtue of a writ to me issued out of the Office of the Clerk of said Court in and for said County of Bottineau and under the seal of said Court, directing me to sell said real property pursuant to said judgment and decree, I, Thos. Hennessy, Sheriff of said county and person appointed by said Court to make said sale will sell the hereinafter described real estate to the highest bidder for cash at public auction, at the front door of the Court House in the City of Bottineau, in the County of Bottineau and State of North Dakota on the 25th day of August, 1922 at 2:00 o'clock P. M. of that day to satisfy said judgment, with interest and costs thereon. and the costs and exp nees of such male, or so much thereof as the proceeds of such sale applicable thereto will satsfy. The premises to be sold as aforesaid pur-

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NOTICE OF SALE

NOTICE IS HEREBY GIVEN, That by virtue of a judgment and decree in foreclosure, rendered and given by the District Court of the Second Judicial District, in and for the County of Bottineau and State of North Dakota, and entered and docketed in the office of the Clerk of said Court in and for said County on the 13th day of July 1922, in an action wherein George Schmich was plaintiff and John D. Brown, Jimena Brown, W. H. McIntosh, Receiver of the Mohall State Bank, Minnesota Transfer State Bank of St. Paul, Minnesota, and the Coon Valley State Bank of Coon Valley, Wisconsin, were defendants, in favor of the said plaintiff and against said defendants John D. Brown and Jimena Brown, for the sum of Four Thousand Fifty Three and 57-100 ($4,053.57) Dollars, which judgment and decree among other things directed the sale by me of the real estate hereinafter described to satisfy the amount of said judgment, with interest thereon and the costs and expenses of such sale, or so much thereof as the proceeds of such sale applicable thereto will satisfy. And by virtue of a writ to me issued out of the Office of the Clerk of said Court in and for said County of Bottineau and under the seal of said Court, directing me to sell said real property pursuant to said judgment and decree, I, Thos. Hennessy, Sheriff of said county and person appointed by said Court to make said sale will sell the hereinafter described real estate to the highest bidder for cash at public auction, at the front door of the Court House in the City of Bottineau, in the County of Bottineau and State of North Dakota on the 25th day of August, 1922 at 2:00 o'clock P. M. of that day to satisfy said judgment, with

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W. H. McIntosh, receiver of th: Mohall State bank, was a business visitor here today.

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BANK CRASH BRINGS BIG CIVIL SUIT ght Hundred and Sixty Nine Thousand Dollars Is Demanded Unot, N. D., April 3.-Coming as ceho of the senational crash of Mohall State bank of Mohall is $869,000 civil action instituted W. H. MeIntosh receiver of the against C. D. Griffiths of Minnapolis, former president. This sum alleged to represent the losses inurred by depositors in the closed ank. Edward P. Kelly, formerly of Carmgton, but now residing in Minnspolis, is counsel for Mr. McInThe Mohall bank receiver is Minot today. The civil action according to Mr. Teintosh is brought against Griffiths the grounds of negligence in suervision while the defendant was resident of the bank. The comTaint alleges that the money was isdirected, embezzled and used for rsonal purposes. It is not in evionce according to Mr. MeIntosh hut any of the money was used by ffiths. Griffiths, reputed to be a wealthy nesota banker escaped trial on a harge of conspiracy to use the mails to defraud at the last term the federal court in Minot a few nths ago after the prosecuting atvrney had made a nolle proseque gainst J. C. Peters, W. W. Bergman Frank W. Wiebe on the conspircharge. Peters, Bergman and Wiebe are ow serving sentences in the federal ison at eavenworth, Kan. Peters serving four years, Bergman two ears and Wiebe one year and a day. Tiebe recently was granted 10 days herty to enable him to return home nd visit his wife who was ill. He mained in Mohall only three days nd then returned to complete his entence.

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FORMER BANK HEAD HELD Mohall N. D., Nov. 10.-W. H. McIntosh, receiver of the Mohall State bank of Mohall, N. D., has begun action in Hennepin county, Minnesota, against C. D. Griffith of Minneapolis, former president of the bank, to recover $500,000. McIntosh charges that Griffith is liable for bad loans and poor management. The bank closed Nov. 23, 1920.

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BANK CASE

IS DISMISSED

Big Suit Against Mohall Bankers Is Dropped

Minot, Dec. 18. - Dismissal of the $697,000 suit brought by the receiver of the Mohall State bank of Mohall, N. D., against C. D. Griffith, formerly president of the institution, as told in dispatches today from Minneapolis, completes another chapter in the history of the defunct institution, the crash of which eventually sent three men to the federal penitentiary at Leavenworth for using the mails to fraud. Judge W. R. Gray of Minneapolis, sitting as a special master in the case, ordered its dismissal yesterday.

Still pending against Griffith in federal court in Minneapolis is an action for $5,700 brought by Receiver W. H. McIntosh of the bank, for which it is alleged Griffith is liable under the North Dakota statues This figure represents double the amount of stock held by Giffith in the bank, the complaint in the action alleges.

The $697,000 suit against Griffith was based on the grounds that he failed in his capacity as president of the bank to properly supervise the operation of the instution; which resulted in the making of excess loans, stocking of the bank with accommodation notes and with the consequent alleged embezzlement by other officers of the funds of the bank.

W. W. Bergman and J. C. Peters, former officers of the bank, now serving sentences in Leavenworth after having been sentenced in Minot more than a year ago for using the mails to defraud, have been in Minneapolis during the past month testifying in the case before Judge Cray. They were in the custody of federal officers.

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BANK LOSES

BIG AMOUNT

BY DECISION

Supreme Court Reverse's

Judgment For $10,000 in

Action Against Surety Firm

The Supreme Court handed down an opinion Saturday which reverses the judgment for $10,000 in the action brought by W. H. McIntosh, receiver of the Mohall State bank against the Dakota Trust company of Fargo and the American Surety company of New York.

This opinion annulls the judgment of Judge C. W. Buttz in district court, Renville county, made in the June, 1923, term that the American Surety Company pay the receiver the amount of the bond, $10,000, which the Dakota Trust Company had placed with them shortly before the bank became insolvent.

W. W. Bergman, cashier of the bank, applied to the American Surety company for a bond on March 18, 1920. J. C. Peters, president of the bank, attested that the financial condition of the bank was in good condition and attested to the honesty trustworthiness of the cashier who had then been with the bank for more than five years. These statements, says the opinion of Judge Johnson, were false in every material detail.

Financial statements at the close of business Feb. 28, 1920, submitted with application for the bond showed that the bank had a surplus fund of $25,000 and undivided profits of $8,558.21. According to Peter's testimony "this was really an absolute fabrication," says the opinion. Other statements by the bank as to its assets were found to be untrue, Judge Johnson's opinion says.

The American Surety company denied the liability of Bergman's embezzlement of $10,000 from the bank's funds on the ground that the employer's certificate as to character and condition of accounts were grossly untrue. The surety company contended that the bond never became operative because Bergman's dishonesty was known by the bank officials and that Bergman's embezzlements were fraudulently concealed.

Three actions were brought in Judge Buttz's court, two against the Dakota Trust company and one against the American Surety company. A jury trial was waived and the three actions were consolidated and tried together on the same evidence.

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DECISIONS OF SUPREME COURT

From Renville County

W. H. McIntosh, as Receiver of Mohall State Bank, Mohall, North Dakota, an insolvent corporation, Plaintiff and Respondent, vs. Dakota Trust Company, a corporation, Defendant and Appellant. (Two cases). W. H. McIntosh, as Receiver of Mohall State Bank, Mohall, North Dakota, an insolvent corporation; Plaintiff and Respondent, vs. The American Surety Company of New York, et als., Defendants. The American Surety Company of New York, Defendant and Appellant.

SYLLABUS:

1. It is the duty of the board of directors of a bank to procure and file with the State Banking Department a satisfactory surety bond insuring their own fidelity as officers, and, if they themselves be employed by the bank, as employees of the institution. Secs. 5150 and 5181, C. L. 1913.

2. When a banking corporation requires a bond of an employee, it may take part in procuring a satisfactory bond to the extent of answering questions as to the employees's record in the existing employment, and in answering such questions it is its duty to disclose correctly, it is assumed to comply with such request for information, any knowledge it may have of past or existing defaults. Giving such information, in the name of the bank, as to the record of the employee in the existing employment, is violative neither of the statutes nor of public policy.

3. Actual authority is such as the principal intentionally confers upon the agent, or intentionally or by want of ordinary care allows the agent to believe himself to possess. Sec. 6337, C. L. 1913. Where for a period of six years, it had been customary for officers of a bank to give information to prospective sureties as to the record of employees in existing employments, without objection or protest by the corporation.

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From McIntosh County

Jacob Kosel, Plaintiff and Appellant vs. First National Bank of 'Ashley, North Dakota, Defendant and Respondent

Syllabus: (1) The federal statute known as the "Soldiers' and Sailors' Civil Relief Act" is applicable to proceedings in state courts. (2) Where the pleadings show affirmatively that the cause of action set forth in the complaint accrued June 10, 1919, and the action was not commenced until September 18, 1925, but that from March 27, 1918, to November 26, 1919, the plaintiff was absent from the state in the military service of the United States during the late war, plaintiff is entitled to deduct such period of his military service in computing the time when the bar of the statute of limitations becomes effective as a defense. (3) Under the foregoing state of facts it was error to sustain the objection of the defendant to the introduction of any testimony on the part of the plaintiff, and to dismiss the case on the theory that the pleadings showed affirmatively the action was barred by the statute of limitations.

Appeal from the district court of McIntosh county, Hon. George M. McKenna, judge. Reversed. Opinion of the court by Burr, judge. Wishek & Wishek, Ashley, N. D., and Lauder & Lauder, Wahpeton, N. D., attorneys for appellant. J. A. Mackoff, Ashley, N. D., and Curtis & Remington, Lisbon, N. D., attorneys for respondent.

From Bottineau County

Charles Berggren, Plaintiff and Appellant vs. Daniel F. Callahan, et al, Defendants Mohall State Bank, a corporation, and W. H. McIntosh, receiver of the Mohall State Bank, a corporation, Defendants and Respondents

Syllabus: 1. Callahan executed and delivered to defendant bank two promissory notes, one for $2,000 and one for $1,500, each secured by a mortgage on the same land. The notes and mortgages were simultaneously executed and delivered. The bank recorded both mortgages, and sold the $2,000 mortgage to plaintiff. Plaintiff's mortgage was recorded six minutes later than the other. On bringing this action to foreclose his mortgage, plaintiff alleged that the bank falsely represented his mortgage to be a first mortgage lien, and prayed for judgment decreeing his mortgage to be a prior and superior lien to the mortgage held by the bank. For reasons stated in the opinion, plaintiff failed to establish fraud.

Appeal from the district court of Bottineau county, Hon. A. G. Burr, judge. Action to foreclose mortgage, and for decree adjudging mortgage to be a first lien. Plaintiff appeals. Affirmed. Opinion of the court by Englert, district judge. Burr, judge, being disqualified, did not participate; Hon. M. J. Englert, judge of the First judicial district, sitting in his stead. George I. Rodsater, Mohall, N. D., attorney for plaintiff and appellant. J. J. Weeks, Bottineau, N. D., attorney for defendants and respondents.

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THE BISMARCK TRIBUNE

agic Hands

plaintiffs made by the lower court was affirmed.

In the case of Grant Smith as administrator of the estate of Herbert Winifred vs. O. P. Fladeland, appealed by the former from the Mountrail county district court, the supreme court reversed the lower tribunal and remanded the case for the lower court to determine the share held by Fladeland in certain property.

The record of the case shows that Fladeland, Borst's father-in-law, advanced money to prevent foreclosure on property purchased by Borst on a contract prior to his death. A deed for the property then was made out to Fladeland.

The supreme court held that Fladeland should share in the property to the extent of the amount which he had invested but that the title should have gone to the Borst estate.

No Fraud Shown

Affirming the Bottineau county district court, the supreme court held that a mortgage on certain real estate, held by W. H. McIntosh as receiver of the Mohall State Bank, was superior to a mortgage on the same property held by Charles Berggren.

Berggren contended that the mortgage, which he claimed to be a prior lien, was sold to him by the bank and that it was represented by the bank as a first mortgage. The mortgage held by the bank was recorded six minutes before that sold to Berggren.

that steers an airplane ly after the pilot sets it was demonstrated recent-ver Field, Santa Monica, e instrument, a gyroscope is shown above with Pilot tton who flew with his the controls. Night flying increase the invention's

After reviewing the evidence the court held that Berggren had failed to establish fraud on the part of the bank.