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

/ ~ss~eS
tations and by the exercise Of the contro
ing and undue influence, which he ha
obtained over the plaintiff as aforesaid
procured from the plaintiff conveyance {
said land to himself, the said defendant
that the said conveyance was in the form {
warranty deed, was regular and valid o.
its face and the consideration expresse
therein was one thousand dollars, and tn
plaintiff alleges that he executed, acknowl
edged and delivered said deed when he wa
of unsound mind without knowing what h
was doing, and with no knowledge of tn
contract thereof; that the said deed wa
obtained from him by the fraud, the falls
representations and the said undue infuenc
of the defendant, and that he never know
ingly or freely and voluntarily sold or CAV
the land aforesaid to the defendant, an.
never made with him any contract in rela
ton thereto.
The plaintiff further alleges that som'
time after the execution of the said deed
the defendant procured it to be recorded in
the office of the Register of Deeds of said
county of Mcpherson, that he did not a
the time of the execution of the said deed
nor has he since paid this plaintiff anything
whatever for said land: that he did no
at the time of said conveyance, nor hal
he since given the plaintiff any prommis
sorry note, or notes or other evidence of in
debtedness for the alleged purchase price O
said land nor any security for the payment
thereof either by way of mortgage on sale
land or otherwise.
III.
The plaintiff further alleges that i'm
mediately after the said 18th day of Sep
tember, the defendant entered into possess
ion af said land and used and enjoyed the
same and received the rents and profits
thereof until the month of July, A. d. 1883
that in the said months of July the defen
dant sold and conveyed the whole O
the land aforesaid to one Peter Nordberg
that the said Nordberg has paid the defen-
dant for the same the sum of sixteen hum
dred dollars in cash, and is now in posses
sion of said premises claiming to b,
the absolute owner of the same in fee sim
pie. And the plaintiff is informed and be
ieves, and the .said guardian is informed
and believes that the said Nordberg bought
the land aforesaid in good faith and that h
paid the said sixteen hundred dollars there
for and took his deed thereof without any
notice or knowledge of the facts hereinbe
fore stated in regard to the circumsta nee
under which the deed from the plaintiff te
the defendant was obtained, or of the con
dition of this plaintiff at the time of the
execution thereof, believing that the sale
defendant was the true and lawful owner O.
said land.
The plaintiff further alleges that abou
the time of the said sale to Nordberg the
defendant offered to account to the sale
guardian for the sum of one thousand dol
lars the alleged purchase price for said lane
upon the alleged sale thereof to the defend
ant, save as aforesaid, the plaintiff allege
that the defendant has never paid or oferet
to pay or account to the plaintiff or hi
said guardian for any sum whatever for tn,
pre- lises aforesaid; that he has never &C
counted to the plaintiff or said guardian
for the rents and profits of said land durin,
its occupancy by the defendant, and h
refuses SO to do and claims that the plain
tiff has no interest in said land or in tn
said rents and profits, or in the money de
rived from the sale Of said land, over an
above the said sum of one thousand dollars
The plaintiff alleges that the land afore
said is now worth more than sixteen hund
red dollars, and that the said rents an
profits amount to more than one hundre,
and fifty dollars per year.
Wherefore the plaintiff demands judge
ment against the defendant as follows:
First-That it be adjudged that the de
fendant received the conveyance of Sep
tember 18th, 1880, in trust to hold the sal,
land for the benefit of the plaintiff, and tha
he is bound to account to the plaintiff fo
rents and profits and the value thereof.
Second-That an account be taken of tn
value of the rents and profits of said Ian
during the time intervening between tn
18th day of September, A. D 1880, and th
commencement of this action, and that tn
present value of said land be determined.
Third-That the plaintiff have judgmer
against the defendant for the amount of th
rents and profits found due him on sue
accounting and for the amount determine
to be the value of said land, with interest O
both sums from the commencement of tn
| action.
Fourth-That the plaintiff have sue
other and further relief as may be just an
equitable.
WILLIS & WILLARD.
| Attorneys for the Plaintiff.
WILLIS & WILLARD,
Attorneys for said Guardian.
st. Paul, Minnesota, August 25th, 1884.
| STATE OF MINNESOTA,
County of Ramsey. ~'
i Herman Stockenstrom came before n
4 personally and being duly sworn, doth s.
that he is the guardian of the plaintiff
the above entitled action; that the foreg
ing pleading is true of his own knowleda
exceptas to those matters which are here
stated on his information and belief, and
to those matters, that he believes it to
true.
: HERMAN SToCKFNsrRoM