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

COMI LAlNl.
The plaintiff by his guardian, Herman
Stockenstrom, states thefollowing facts con-
stituting course of action against the de-
fendant herein:
The plaintiff by his said guardian alleges
that he now is, and for more than
seven years last past has been of unsound
mind and by reason of loss and imperfect
ion of his mental faculties, is and has been
during the period of time aforesaid incom-
petent to have the charge, management, or
control of his property and estate.
The plaintiff further alleges that since
the month Of (f. p September, A.D. 1880, he
has been continuously hitherto and now is
an inhabitant Of and resident in the said
county of Ramsey.
The plaintiff further alleges that on the
2sth day of March, A. D. 1881, upon the
petition of this defendant therefor and up
on due and legal proceedings had in that
behalf, the Probate court within and for
said county of Ramsey, declared this plain
tiff to be of unsound mind and person who
by reason of loss and imperfection of his
mental faculties, was incompetent to have
the charge and management of his said
property, and the said Probate court by a
proper order in that behalf made, did ap-
point the said Herman Stockenstrom the
guardian of this plaintiff as .uch incompe-
tent person, and intrusted to the said guard
ian the custody of the person of this plain
tiff and the If. 3)care and management of his
estate, and the plaintiff alleges that the said
Stockenstrom on the day last aforesaid,
duly accepted the said trust, qualified there
for and is now the guardian of this plaintiff
as aforesaid, and the plaintiff prosecutes
this action and appears in this court by his
said guardian.
II.
The plaintiff further alleges that on the
18th day of September, A. D. 1880, and
long before that day he was and had been
the owner in fee simple of certain parcel
of land situated in the county of McPher-
con, in the'state of Kansas, and is described
as follows, to-wit: The west half of the
southeast quarter of section numbered
twenty -one, in township numbered seven.
teen, in range numbered three, west Of the
sixth principal meridian, according to the
United States government survey thereof,
and that the value of said land on the day
last aforesaid was more than fourteen hun
dred dollars.
The plaintiff further alleges that the de.
fendant is minister of the gospel of the
Lutheran faith, and is brother of this
plaintiff, and that by reason of such rela
tionship and of his said sacred Office and oi
his greater age and stronger mental and
physical powers, he, the said defendant
has for long time, to-wit: for more thar
ten years last past, exercised great, con
trolling and undue influence over the acts o.
this plaintiff: in all his affairs, and thil
plaintiff during all the time aforesaid ha.
been controlled and directedin all his bust
ness transactions by the advice and control O
his said brother, the defendant, and tina
during all the time aforesaid the mental in
frmities of the plaintiff and the fact that b,
was by reason thereof incapable of transac
ting any business were well known to thi
defendant.
The plaintiff further alleges that on tn
said 18th day Of September, and at the exc
cution and acknowledgment of the deed firs
hereinafter mentioned, he was of unsoun
mind and by reason of loss and Imperfect
ion of his mental faculties, was not capabl
of transacting any business as the defendar
then and there well knew. The plainti
further alleges that on the day last mention
ed at Saint Paul in said county of Ramsey
the defendant well knowing that the plain
tiff by reason Of his mental unsoundne
was incapable Of making any contract
relation to the land aforesaid, and wicked
contriving to defraud the plaintiff out of Il
said land and to obtain it for himself, will