| Show SUPREME COURT OPINIONS A per opinion of oC time tf court handed down dOln today time the Judgment of ot Judge lun In the tha Fourth district court in iii August 1893 1803 In the Ito case calO of ot the WI Ith Irrigation company et nl ul vs Edward J Pulton ret et al alTho rime Tho trial t II I court entered a it de ie by hy which time the water rights of parties partes plaintiffs and an vero erO determined to the time nf If otc a i cubic toot out per second Time The rl plaint iff und nd a R majority of time the defendant le satis lied fled fe with tho the findings of the court c but thu Ito remainder appealed Time The appellate court COUlt IK is of that notwithstanding tin tim bill bi of or exceptions there IH in 1 el i In Inthe time the record to support the lbS l findings and and und therefore finds no reversible r e error i f OPINION Another opinion written t e Baskin and concurred In iii by J atco and amid District Judge c C modifies on arm opinion rendered red Ib by time the Supreme court on eu January 12 which h the tle ruling of or f Judg lilies lel on October 20 O 1893 In time the tao case w of ot Annie Marks vs s Thomas Thons K E and Eunice L Taylor appellants A mortgage was IS executed ex by appel appellants lants hants to and arid andWan andWil secure a n ry note Wan Wait Wil foreclosed rore the r pur purchasing ur chasing chasin und and time the IX cx ut d a deed ell to her It was WI uncovered that a valuable part of 01 tl r al estate s to hind had not been heen included in iii Hi th tiers of or time the mortgage as ns und this bitt was ns begun tr t f reform the decree and amid sheriffs sheriff s deed d ed BO sO BOits F Fits its to Include thu portion en cc o enl erroneously omitted Th ht sas al granted p j Time Tho ho higher court coull holds that itoh tha would Invest the respondent r with wih title tte to property which II was itt neither or ordered orCIl domed dered CIl sold or sold 1010 by h the time her wr While It Is hi true that lint she thought the property Intended to bo be 11 mortgaged was vas the time property offered I tom for salt sale Nal there Is no evidence that thirst other bidders hind had the theMie same CaIne Mie understanding un anti and It IH Is Improbable able ohle that had this been b en the time man case a I high higher er lr bid than respondent s ml ht have been made by some 1010 other pi Ison ison That part of ot the time decree leeree reforms n tie the tl decree of ot foreclosure mil time the sheriffs deed Is erroneous and amid n a 1 d ree fore foie rOle foreclosing closing the time mortgage as al should have hae been heen made Instead of or the limo decree reforming the time foreclosure of time tho mortgage deed leed as executed and time the th sheriffs Hank Batik Judgment In Tn the time case of the time National Rank Bank of or II the vs R H Ann T I et al ad Juige Morse this morning moral mug ordered Judg Judgment I ment lent for tor time the plaintiff as I prayed Irell for tor |
