Skaffaren och Minnesota stats tidning. (St. Paul, Minn. ;) 1882-1885, 1884-09-03

understanding all that he did and the con-
sequences of his acts, that he should sell
and convey the land described in the COM
plant to the defendant, and that the defend
ant should pay said plaintiff therefor the
sum of One thousand dollars from time to
time as the plaintiff might need the same.
That in all the transactions connected with
such deed, there was no undue influence,
over persuasion, or unfair or inequitable
practices in any respect whatever, and that
the sum Of One thousand dollars was then
all that the said land was worth, whereup-
on, in pursuance 9f such arrangement, the
deed described in The complaint was execut-
ed to this defendant
That thereafter and shortly before the
application for guardianship for plaintiff
was made, the said plaintiffs mental facul-
ties declined, and became worse, and that
certain persons in the City of St. Paul,
attempting to procure from him convey
ance of the said real estate. or assignment
of his claim for the purchase money against
this defendant, with the view, as defendant
then believed and|now verify believes, of
defrauding the plaintiff, this defendant for
the above reasonsimade the application for
the appointment iof guardian of said
plaintiff, and stated therein that the plain
tiff was seized of certain land in the State of
Kansas, meaning Thereby the lands now in
sui F., and SO stated because the deed of this
defendant to said lands had not then been
recorded and because of the fact that the
plaintiff did then have an equitable interest
in the said land for the amount of the pur-
chase money thereof, whereupon such pro-
ceedings were duly instituted had in said
probate Court of Ramsey county. That the
said Stockenstrom was on the 2Sth day of
March 1881, appointed by said Court the
guardian of the plaintiff.
That in the course of the said probate
proceedings, this defendant exhibited to the
Judge of proba.e and to said Stockenstrom
the said deed, and explained to them fully
the history of the transaction as above stat
ed and at or about the time of the appoint
ment of the said Stockenstrom, at the
suggestion of the said probate Judge, he
this defendant handed and delivered said
deed to said Stockenstrom, who retained the
same for some days thereafter.
That shortly thereafter the said Stocken-
strom and this defendant went to the office
of G. K. Davis, an Attorney at Law, with
said deed and other papers and explained
to said Davis as above the nature of said
transaction, .whereupon by ag cement be-
tween said guardian and this defendant and
acting under the advise of said counsel and
for the purpose of evidencing the lien of the
said plaintiff upon said land for the said
purchase money, the said Stockenstrom
having then and there fully acquainted
himself with the entire transaction, Ger
tain agreement in writing was entered into
between said Stockenstrom and this defend
ant, copy of which is hereto annexed and
marked Exhibit "A", which agreement at
the date thereof was duly executed and de-
livered by this defendant, to the said
Stockenstrom. and as part of said transac-
ton the said Stockenstrom handed back the
said deed to this defendant shortly before
Exhibit A was prepared but upon
the understanding that said exhibit
should be prepared and executed, and
this defendant, by and with the advise of
said counsel and with the knowledge and
con -ent af said Stockenstrom, sent the said
deed I'd, Kansas for record, and it was duly
recorded on the 9TH day of April 1881.
| And the defendant AYERS that the said
transactions above stated were aquiesced in
and confirmed by the said Stockenstrom
then and there and continually thereafter,
until certain personal difficulties instigated
wholly by said Stockenstrom arose between
him and this defendant, concerning matters
wholly disconnected with the matters here
in controversy.
| That on or about the Thirtieth day OF
March 1883, this defendant and the said
Stockenstrom as such guardian, had an ac.
counting Of and concerning all of the mat
ters in controversy in this action, and espe-
cially in regard to the said land, upor
which accounting there was found due tt
the said plaintiff or to said Stockenstrom a,
his guardian on account of said conveyanc,
of said land, and said agreement, (which
said agreement was wholly without consid
Grafton except the desire and wish of thi
defendant to do in the premises whateve
should be to the entire satisfaction of sal,
Stockenstrom) the sum and balance O
Eight hundred and Fifty six dollars an,
Eighteen cents($s56.18) which, with the sun
ofTwo hundred and Eighty-two dollars AM
Fifty-two cents ($2S2 .52)which this defend
ant had previously paid on account of sal,
transaction making in all Eleven hundre
and Thirty-eight dollars and Seventy cent
| Isl. 1.138.70), which represented and was tn
sum which the defendant had actually pai
or which was due on account of said trans
actions, the said sum of $S56.1S being tn
balance due the plaintiff or said Stocken
strom as bis guardian, which sum was pai
, by the note of the treasurer of the Tabith
Society for the said sum of Eight hundre
t and Fiftysix dollars and Eighteen cents
. payable at some time after demand and q
defendant remembers, six months; and tn
t said Stockenstrom received as such guard
/ ian the said note in satisfaction of sal
e balance upon said accounting, the said not
J, being good, and the said Society havin
: funds of this defendant to- pay the same
8 and that the said Stockenstrom did ther,
d upon in his account with the said proba,
Court, credit himself in said amount
Eight hundred and Fifty-six dollars ar
eI (Coutinued on next Paae.)