The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1858-09-29

McGrcgor. He seeks to use them for the pur
pose Of accomplishing his scheme Of spccula
ton and fraud. He proposes to purchase abou
FIVE thousand acres Of land for patent to US,
and vend coffee and tea pots in the Territory o
Minnesota, and is told at the time that the lant
had bean sold, knew that it was in the hands o
the heirs of Powell g. Burnett (some of then
minors) knew that about eighteen years hat
elapsed without any complaint being made
against said first conveyance, knew that h
himself had recognized the validity of sale
deeds by taking a conveyance from Burnett AM
appealing to the courts of the county for par
tition of portion of the same lands under and
by virtue of contract between the original
vendees, and of what he claimed and obtained
the benefit. knew that Powell, at least, had paid
full and fair consideration at the time of his
purchase. and yet notwithstanding all this
knowledge, and this studied and pleasured eff.
fort to possess himself of the title to this land
by means so much to be condemned, he comes
to court of equity and asks that he may be
assisted in his scheme Of speculation, that he
may be aided in his effort to appropriate to him.
self an estate for which he pays nothing, that
he may find countenance in litigation which
as to him, had its birth in a design to defraud
not only his co-complainants. but also the res
pondents herein. If he shall be successful in
this design. he would seek some other tribu-
nal than court of equity. His demands arc
too august and uncomfortable to entitle him to
aid in such court. And it is no answer to say
that respondents cannot complain, though he
may have produced fraud upon Dussaume &
Chenevert, that they alone may take advantage
OF any fraud in this sale. Respondents claim
under the heirs of Giard, and as such they ma y
protect themselves against fraudulent effort
upon the part of McGregor, to deprive them o,
their title. If he With or without the compile.
ity of Dussaumc & Chenevert, entered into a
contract what he now seeks 10 have the benefit
of. the object and purpose of which was to de
prive the heirs of Powell 4 Burnett of their
title, the fraud affected them as much and more
than it did his co-plaintiffs, and it would seem
that the respondents therefore might we'll urge
this fraud to defeat the recovery.
We are clear therefore, that MeGreeor is in
no position to take advantage of the defect in
the acknowledgment of the deed from Dussau
me g. wife to Lockwood & Burnett. And
without referring to some other minor obiec-
tions which are urged to this and indeed all the
deeds, we may say that for the same reason, he
can take no advantage of such Irregularities
Shall Dussaume Il wife have the benefit of this
defect in the acknowledgement of their decd ?
To this inquiry we answer, that whatever we
might be disposed to do under other circum.
stances, We are unwilling to decree to them the
relief prayed for them in this bill, for the sim.
pie reason that they themselves have said and
admit that they never authorized the COM
menceHlent of this suit 1t is but too manifest
that McGregor is the moving spirit, and that
through his artful agent, he induced these aged
and 10 some extent ignorant persons to execute
these deeds for this land. But they have since
said and admitted in writing, and uron this
record, that they never authorized the prosecu-
ton Of this action, and that they had sold to
Lockwood Il Burnett in 1886, all their interest
in said land, by conveyance or deed which
they considered absolute. When then seek to
have their rights determined, it will be time
enough TO ascertain what they are. But we
Will not undertake to do so. in a case where
they do not assert such rights, and which was
commenced and is carried on to subserve the
interests of an intermeddler, rather than the
Interests of those who could fairly, under any
circumstances, claim to be injured by such de-
fecis.
We finally inquire whether complainants are
entitled to relief upon the ground that the
leeds to Burnett g. Lockwood were obtained
by fraud, Misrepresentation and without con.
sideration. To refer to the immense mass Of
testimony bearing upon this part of tie case,
would too unreasonably extend the length of
his opinion. We content ourselves therefore,
with simply expressing the conviction produced
rpon our minds after carefully examining the
entire proofs.
We do not think any single or the general
charge of fraud or Misrepresentation is sustain
cd by the proof. AS to the inadaquacy of the
there is more testimoney.-
When we remember, however. the frontier con-
1ition Of the country in which the land is loca-
led, in 1882 and 1886, when we bear in mind
'he want of knowledge on the rart of both par
lies as to the trle state of the title. or whether
nything would ever be secured, when We con
slider that while the property has now very
greatly increased in value, yet at that time it
vas in comparative wilderness, and that the
'ery best laad was then sold ut very low
igures, we can well understand that while
he price then raid, would if paid now, be
,rossly inadequate, yet under the circumst ances
hen exis;ing,it could hardly be so regarded
We conclude therefore, that there is no suf-
icent ground for disturbing the decree Of the
ourt below, and it is therefore afirnfed.
WRIGHT. CH.J.
State Of loaca. Supreme Conrt-ss:
I, Lewis Kinsey, Clerk of the Supreme
;our of Iowa, do hereby certify that the fore.
oing pages contain full, true, and complete
opy Of the cause herein mentioned, as full, |
rue, and complete as the same now remains on
lie in my office.
In testimony whereof, have hereunto set
ISL my name, and affixed the seal Of said
Court.
Done at Dcs Moines this Gath of March, A.
}. 1858. LEWIS KINSEY,
Clerk Sup. Court. Iowa.
BY G. N. MATHEWS, Deputy.
Warkon.-From late No. Of the Herald We
hould Judge that this village was improving
18th great rapidity. 1t is a most beautiful To-
alton, the County Seat OF one Of the best
ounties in Iowa, the west or the world. In