Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1879-11-07

batting Brown claim has falle
chiefly upon him. Several days ago NJ
Pettigrew went east. He understood ths
Milton d. Browns name was merely
cover for Byron N. Smith, who vas the res
plaintiff in the case. During his absence
therefore. be succeeded ID finding Brown q
Minneapolis. and from him secured, las
Saturday, two very important documents L
be used in removing from the title the cloue
which Smith had cast upon it. One of thes,
documents was an affidavit from Brown
nominally. the principal plaintiff, that tn.
suit was commenced without his knowledge
The other document Vas . deed from Brown
to Pettigrew,. granting and quit.claimina
to the latter oil the formers right, title and
interest in and TO the property mentioned
1t was learned by Byron NJ. Smith that
Pettigrew had obtained this. and steps were
at once taken by the former TO get on record
here certain warranty deeds which had ap.
parently some time before been given him
BY Brown. Pettigrew anticipated something
of the kind, and laid a plan to get here first.
The first thing he did was to get the deed
out Of his VI possession BY sending it BY
mail to Philo Havea, postal route agent
between Worthinston and Sioux Falls. with
directions what to do, so that no Injunction
against himself, gotten out in Minnesota,
could interfere with the document getting
to Sioux Falls aud beiug placed on record.
On the way down from St. Paul, ]. d. Bot.
tineau, an attorney from Minneapolis, got
on the train, and Pettigrew remembered
having seen him some years ago in the half.
breed land scrip business. As half.
breed land.scrip lies very closely at
the root of the suit referred to,
Pettigrew spotted him as the man VITO
wanted to get to Sioux Falls with the ad-
verse deeds. Bottineau got into converse.
ton with him, and sought to carry the idea
that he was merely on a pleasure excursion.
The Two got to W%orthington on Monday
night, and both started GU the train for
Sioux Falls yesterday morning. Every
thing went as usual. each Watching the 9th.
er, until Brandon was reached, when Petit.
grew showed Conductor Parker an order
from General Manager Bishop, instructinr
him to do as he might be requested by the
bearer. Pettigrew got upon the engine and
hid, and when a point about two miles from
ling vas slipped and away sped
leaving the train behind, with Mr.. Botti.
ue0u ukOu II. 1cttlSIeW ulSeu1OdIheU ~
the depot, rushed over to the county recor.
der's Office and filed his quit claim deed,
while the engine went back and brought in
the train. Bottineau, as soon as he got to
town, went to the recorders office and filed
two warranty deeds for tue property in con-
test-both from Milton d. Brown to Her
man f. Laf6tte, one bearing date July 16,
1878. and the other August 20, 1879. The
Endorsement on Pettigrew's deed is to the
effect that it was filed for record at 1880 a.
m, Nov. 4, and on the other deeds that they
were flied at II M, and 1905 p. m. respec.
lively, on the same day.
There is q general feeling That a, least SO
far as the suit stated is concerned, the
cloud upon the title TO the land involved
is removed ty this priority Of filing Of
Browns qui.-ciiam deed 10 P.ttigrew
But John Bippus, local attorney for the
plaintiffs, says that the contest is not eud.
ed by any means. What the future action
will be is not developed, but it may be de-
pended upon that SO nice a rlnm as $40.
900 will not be permitted to rcmsin und,s-
puted 10 the pockets Of the defendants SC
long as Byron NJ. Smith has the least scr,
of q hook of his fingers upon II whatever
but in all probability. when be hears OF The
events OF yesterday, he will indulge 10 mu'
{ tudinous damns not exactly of the Sand
lake variety, the kind in which he is report
ed recently to be cutie largely concerned.