Show SUPREME COURT OPINIONS Lower Cours Are Me Affirmed In n Two Suits Important Mining Case A Fargo Co v e JulI n 0 V It n lii II Gee Oco HI 91 And C ApPellant Tho The supreme court has hns handed down twp two Important opinions In tho time case of ot tho myth Fargo l com cam company I puny pany vs Julian C Houtz R It M Imi Forn Forncrook Forncrook Forncrook crook George Georgo M lilies JUles and Charles Charlos appellants time thu court affirms time tho th decision of ot limo tho lower court The Tho opinion Is 18 written by Chief Justice Min Un Miner Mm cr er crIn erin in substance tho the case caso en o Is as na follows In December Do 1807 lSD 18 It If C 0 Shurtliff Jr being indebted to tha Fargo company In time the sum sun BUn of ot gave as security a chattel mortgage on aim their plant near pear Wyo and other property pro The Tho lifts were vore to have tho thu rl ht td to t use tho the plant or 11 sell any part of ot it provided time the proceeds were applied on their theil debt und end provided that they tM had the writ written written written ten consent o oC tho the Blyth Fargo Falgo com corn company pony pany to the tho sale The Tho mortgagee was wan wanto to bo be entitled to take possession of ot tho the plant in case of ot default In December ISM 1103 the defendants negotiated With and the plaintiff plaInt rt company for tor tho the purchase of ot time the plant hant The Tho defendants were to give Ivo their heir notes to Blyth Fargo for ter 2000 tho the agreed value of It tho time plant lant and title this amount was saB to be credited cf to Shurtliff and the tho company WillS was to release tho the mortgage Thin was wall done dOM On maturity of ot tho time note noto Fargo brought ht suit TIme The defendants Interposed that the tho note was wall given to tho the Blyth Fargo I argo com corn company company pany party In payment of ot the tho plant which was WIlB sold on the express warranty that It consisted of oe fifty sheep machines with nil all necessary n attachments and two engines boil boll boilers ors ers nil all In n good running order whereas only machines 8 were vere fur tur furnished and they were out of order and without appliances to run them and the tho engines engine and ballets boilers wore were out of ot re ro repair repair pair Tho court directed a n verdict for Cor fortim tim tho plaintiff The Tho Supreme court finds find that In RIV gly giving ing permission to sell lell time the respondent i merely morely waved Its right to object to a asale asale sale ealo and antI Its it lien upon tho time property In Inconsideration consideration of ot such luch payment being tactIc made to it as tie owner had a license o to soil sell ell the tho property when this waiver was wall made He no was then th n deal dealing lag InS with his own ow property and nJ was not the thO agent ot of tho the mortgagee mind and as a a acon con consequence the respondent company Is not responsible for tor any warranty or misrepresentation made by It If any one was liable blo it was W II the party making the warranties Varr rho The r ht cf of tho the respondent respond ant company coh to cancel the credit to Shurtliff and take timely pro proceedings proceedings against him to Indemnify Indemnity It Itself self elf had It been liable on the warren ty was a valuable tight right which was wall lost lo t b br tho the appellants silence allence and do de lay Iny layThe The Tho u remo court also aleo affirms the ruling of ot the tha lower court In ha the tho once ease of tho the Murray Dili Mining Milling com corn company patty pany vj v William Havenor und Albert Hensted appellant The Fhe opinion Is I written by jy y Justice n rice Tho appel appellants vel lent lants In this case caso applied to the United States land at Salt Lake City for tor fora torL a It L patent of ot tho the Havenor mining claim and the respondent having tiled filed a 11 pro protest test teat and adverse e claim this suit was wag in instituted Instituted by It t Tho The Havener na nor embraced emm ced a n portion of ot the tho Murray fill 1111 Lily and Silver Sliver Deck claims of t the respondent dent The loWer court awarded the tha de cit deroe cm cr roe O to the respondent Tho The appellants contended that the he th re must recover re o r If I hat at i tin U 90 on tho the thoi i strength of ot t its tt own title tithe and antI not on time the weakness of ot theirs antI and that a II mum min mining millIn ing In claim woe was teal real estate and could not bo be transferred by parol or 01 other otherwise wise than In accordance with tho the stat statute uto ute of ut frauds There Thero was no JIll evidence that It over evor acquired any title to any of ot tho the claims claim In controversy or any statute of ot frauds holds the tho appellate court it IB is settled than an estate In land lady y b be 10 transferred l from onO one person to another by a verbal sale solo ac oc accompanied companied by |