the family of Donald E. Keith, and their residence was about five miles from Casselton, their market. town. Mr. Street was called as a witness by appellant. He was asked nothing touching the execution of the mortgage, but testified that when Mr. Emmons went away Mr. Keith and wife and witness went with him to Casselton, and witness left Mrs. Keith and Mr. Emmons at the residence of one Kilbourne, and took the team back to the farm; that Mr. Emmons and Mrs. Keith did not return, but that Mr. Keith returned a day or two afterwards. This witness testified that he thought Mr. Emmons left on the 17th day of December, 1883. Mr. Kilbourne, who resided in Casselton, was also called as a witness. He testified that on the 17th of December, 1883, Mrs. Keith and Mr. Emmons were at his house in Casselton; that they were going away, and Mrs. Keith came for the purpose of bidding witness' wife good-bye; that Mrs. Keith came late in the afternoon, and remained an hour or two, and left in company with Mr. Emmons and Mr. Keith shortly before train-time. This evidence strongly tended to prove that Mr. Emmons left Dakota territory on December 17, 1883, and hence could not have witnessed a mortgage that was executed on December 19, 1883. It, at least, raised a conflict in the evidence on that point that should have been submitted to the jury.
Numerous assignments of error are made upon the ruling of the court in admitting and rejecting testimony. We have examined these assignments carefully, they possess no general interest, and we deem the rulings of the trial court strictly correct, except in one instance, which we proceed to notice. Among the property sold by appellant was a quantity of wheat. The value of this wheat was in controversy. Respondent introduced one Fisher as a witness on this point. The witness testified that in the fall of 1884 he was buing wheat for a mill at Casselton, and stated that on August 21, 1884, that being the date when the wheat was seized, the mill paid 66 cents per bushel for wheat of the grade that this wheat was shown to be. On cross-examination it appeared that the witness did not commence work at the mill until after September 1, 1884, and that he had no knowledge whatever of the value of wheat on August
