^7^ PEDEBAIi BEFOBTEB. �ment, so far aa it had the effect to remit the interest whieh Jbad aecrued upon the loan. �The defendant accepted the $2,000, and now retains it. There is no reasonable objection to the mortgage security tendered for $2,000, and this is the coi-rect test, in my opin- ion, of "satisfactory security" mentioned in this agreement. The only matter really in dispute is the interest on the sum of |4,000 up to the date of the agreement, December 24, 1878 ; and the plaintiff has executed the new note and mort- gage for $2,000, drawing interest at 6 per cent, from Decem- ber 24, 1878, bearing date April 24, 1879, and the same is now tendered, in court, to the defendant. The court has the subject completely before it — to enable a final determination of the case — and, upon full consideration, has come to the conclusion that a decree should be entered in the case in favor of the plaintiff conditionally. It is therefore ordered, that a decree be entered adjudging that the defendant, upon the payment of the sum of $700 by the plaintiff — which is the amount of interest upon the original loan of $4,000, com- puted to the date of the new agreement, and the interest upon the $2,000 note tendered, up to December 24, 1879 — execute and deliver a release and satisfaction of the $4,000 mort- gage; provided, that the property described in the new mort- gage is free from ail encumbrances, including taxes, and the title in the grantors. ���Wells v. The Southern Minnesota Railway Company. �(Cireutt Court, D. Minnesota. March, 1880.) �Kailkoat>— FORECLOSURB Deckee— Terms "Sebtant" and "Employe" CoNSTRTJBD. — An act of the legislature of the state et Minnesota pro- vided that in a foreclosure sale of a railroad, the court granting the foçecloaure decree should provide in such decree, or otherwise, that the purchaser should "fuUy pay ail sums due and owing by such
- * foreclosed railroad Company to any servant or employe of such
Company." Hdd, that the terms "servant" and "employe" did not in- clude a secretary of such railroad company. ��� �
