Alpena weekly argus. [volume] (Alpena, Mich.) 1871-1893, 1883-02-21

fering to pay what the court should find
to be the true value of all the timber
cut from lands really owned by the
State, and praying that said defen-
dants might be decreed to surrender
to said McElroy all excess over such
amount so found to be due, and be
restrained from transfer and collec.
ton of the notes in the meantime.
To this bill the defendants several
ly answered. Proofs were taken, and
upon August 10Th, 1881, the Hon. j.
B. futile, then sitting in this court,
dismissed said bill upon hearing, but
upon what grounds does not appear.
An appeal was taken by McElroy to
the Supreme Court.
In the early part of the year 1881,
and before the case was decided at
the circuit, the Hon. Jacob j. Van
Ripper, then and now Attorney-Gen-
eral of the State, who had previously
learned from Messrs. Kelley & Clay
berg, the attorneys for the State in
the McElroy litigation at Alpena,
that Mr.. j. ID. Turnbull was solicitor
for McElroy or Minor or those inter-
ested on that side, "met Mr.. Turn
bull at Lansing during the session of
the Legislature in 1881, and asked
him what there was about this litiga-
ton, and expressed to Mr.. Turnbull
his desire that the matter should
be closed up as rapidly as possible"
The Acknowledgement and Mr.. Turn
bull then occasionally spoke with one
another about the case, and finally
Mr.. Turnbull said to Mr.. Van Ripper,
81 should be willing to leave the
whole matter with you, and whatever
you say should be paid in settlement
of the Minor notes, or in settlement
of the case, we would abide by it.
We would abide by your decision"
To this the Attorney-General replied,
'We will have meeting sometime
and talk the matter over"
After the session of the Legislature
closed in 1881, Mr.. Van Ripper wrote
10 Mr.: Turnbull, trying to arrange
for meeting" and in the fall of that
year, probably in October, a meeting
between these gentlemen did occur,
in which a settlement of the matter
was discussed, Mr.. Turnbull taking
the ground strongly that the trespass
had been grossly overstatcd, and
again expressing desire that the
Attorney-General should take the
case and examine it," and whatever
he Should say should be paid on the
notes, that he would DO paid and the
matter settled"
At this interview in the fall of
1881, nothing definite was arrived at,
put Mr.. Turnbull left with the Attor-
ley-General an abstract of the entire
Ease, including the pleadings and
proofs, requesting Van Ripper to ex-
mime them at his leisure.
Afterwards q final interview occur
ed between these two gentlemen in
eference to this matter, late in Febu-
AIRY, 1882, at which defendant Nea-
NTH was also present, which termin-
ted in the State officers turning over
hese two notes to Mr.. Turnbull, upon
lis paying them the sum of S1,100.
In the early part of December,
8S1, Mr.. Minor being about to make
visit Of some length in California,
deposited in the Exchange Bank in
Alpena, $1,000, the face of the notes,
With instructions to pay the same on
After the notes were turned over to
Turnbull they were presented for pay
nent at the bank. The face of the
notes, but no interest, was offered in
the same were refused, and
Bewick, Comstock q Co.,
o whom Turnbull had in the mean
ime transferred the notes, brought
nit upon the same against Minor as
maker.
The State officers having then learn
d of such deposit having been made
" Mr.. Minor, claimed that the notes
lad been fraudently obtained from
hem by Mr.. T., notified Mr.. Minor of
UGH claim on their part and forbade
lis paying the same to defendants Be-
vick ct. al.
Mr.. Minor then filed this bill of in
erpleader bringing into court the
mount then due upon said notes, both
Principal and interest, and upon the
caring upon said bill the defendants,
Teasmith and Bewick ct. al, were de-
reed to interplead as to the fund
rought into court, which by the stipu-
ltion of the respective defendants
lould be heard upon their respective
nswer filed herein without further
leadings and upon proofs to be taken
open court.
In the brief submitted upon the
art Of the defendant Neasmith, it is
rpued by his counsel that the nro.