Page:Dakota Territory Reports Vol 4.djvu/570



1..

The certificate of acknowledgment of a deed, executed by sheriff, in foreclosure proceedings by advertisement, is valid if in substantial compliance with the statute. The use of the words "whose name is subscribed to the within instrument," is a substantial compliance with the statutory form, "described in and who executed," etc., he being described as sheriff in the body of the deed. Wilson v. Russell, 376.

1..

The jurisdiction of admiralty does not extend to the execution of a trust. The title to a steamboat being in trustees, the beneficiaries may terminate the trust and obtain a decree of sale upon a proper proceeding in a court of equity. In re Steamboat Eclipse, 218.

2..

When a part owner is master and in possession of a boat, under an agreement in writing, he is not subject to removal by his co-owners. Id.

3..

Where the title to a boat is placed in two persons as trustees, to be held by them as part owners and for co-owners, until payment to the co-owners of certain sums representing the amount of their interests, and upon such payments the trust to terminate and title absolute vest in such trustees, the transaction is at most the creation of a lien in the nature of a mortgage, and the trustees are the legal owners of the boat. Id.

4..

Under such circumstances a bill of sale executed by the co-owners would pass to the purchaser no title beyond the equitable interests of such co-owners as beneficiaries of the trust. Id.

5. Practice—bill of exceptions—extraneous matter stricken out.

Where the transcript of record contains evidence and extraneous matter not made a part of the bill of exceptions, such evidence and extraneous matter should on motion be stricken from the record. Id.

6..

Appeals in admiralty cases from the district to the supreme court, are governed by the same statutes and rules that obtain in other civil actions tried to the court. Id.