St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-08-04

Ahh ORDER OF THE COURT.
IL Is therefore considered and ordered that
an account be taken,
FnsC-O1 all money paid or advanced by
1eolntigton 10 or Tor King since April, 1875,
ana OF all expenses OF every name and ma
ture incurred by Remington in the care
management and disposal of said propertv.
togeSher with interest on all such sums al
per cent. from the dates of the payment
IheIeoI, ana Remington should also he al
! lowed areaSonable compensation for his own
services and time and trouble in and about
tle business, as well as for the comnensa tiou
PAID, or by him incurred. to his agents and
employees, which sum or sums will he fvad
Dy the court on the coming in of the report
OF the referee appointed hereby to mako
proofs there0t and to state this account.
! Second-Of all moneys or securities re-
ceived by Remington from the mortcarino
or sales of any of the lands of King or for
the rents or profits thereof. with Interest
thereonifrOm the time such said moneys wers
received at per cent.
Third-Of all moneys received nv said
remington from the sale or mOrtgaging. or
other disposition Of any of the land of
Caroline King, and the time or times when
the same were so received, together with
interest thereon as aforesaid.
Fourth-Of all moneys or securities re-
eeived by said defendant, Innes, from the
/ mortgaging or sale of said Kings lands. OF
| from the rents or profits thereof, and of all
/ said lands, moneys or securities now held.
owned or claimed by said lines.
fltth-Of all moneys paid or expenses
incurred by said Lewis +. Menage toward
the purchase of any part of said land. OF in
putting improvements thereon, or in any
manner In connection Herewith.
/ SlXth-Cf all oloc Y,o1o b,- IT..
iahuS' or OF any part thereof and of the
amounts III money, property or securities.
OF IN any other manner received by him
| theretOr, and OF the said lands to which he
now holdS the legal title, and the dates
When the lands were so sold by him and
conveyed. o'
Seventeen such other matters as NAV
| be by the court deemed necessary to deter
mine the final rights of the parties. in ac
cordance with the foregoing decision. the
referee to take proofs thereof and state
| said account, and the time and place of
taking the evidence, if not agreed upon by
the parties. will, together with the exact
terms OF order of reference, be fixed and de-
termlned by the court upon notice of either
party TO the other party, at five days no
tice. A. II. YOU'VE.
NJ. B. KoON,
Judges.
IN THE MEMORANDA OF DECISION
Judge koOn states that while agreeing with
his colleague in the result and circum-
I stances leading thereto, he does not entirely
| accord i'll his views upon some of the
legal questions involved. He states his
reasons at considerable length, in which he
! considers the exact legal effect of the
agreement of 1875. His views do not an
pear to differ materially from those of
Judge Young, and do not seriously affect
the decision. He holds, however. that
there was not any evidence of fraud on the
part of Menage, and holds that he shall
not be put to any loss, and while he must
return the property, he holds he shall be
reimbursed for any expenditures or i'm
provements.
CAROLINE NJ. KING.
In the case of Caroline NJ. Kingvs. the
same defendants, the conclusions of the
law are as follows:
| Caroline NJ. King VS.. PhilO Remington,
Caroline A. Remington, Robert S. Innis.
tlrSt-Ihat by the conveyance to the de-
PENDANT, Remington, of her property both
real and personal, at the time or under the
circumstances stated in the findings of fact
referred to, plaintiff became surety in re-
spect to such property for the debt of her
husband to defendant, Remington, and the
conveyance of her land, although by deed
absolute, was in legal effect only mort
gage, and nothing has occurred since the
execution of such conveyance in 1875 to
change the relation of said parties in the
respect named.
SecOnd-That the quitclaim deed of date
Sept IA, 1877, and Oct IS, 1879, executed
by plaintiff and her husband to defendant,
Remington, of her lands, did not, in view
OF the circumstances and conditions under
which the same were executed, operate to
distinguish plaintiffs equity in said land or
vest in defendant, Remington, an indefeasi-
bic title in and to said land so conveyed.
Third-That the Pioneer Press stock
mentioned in the findings of fact having
been pledged to defendant as the property
OF Mrs. King, as security for her husbands
debt, and the same having been so received
and held by defendant, Remington, he will
not be heard to question or title. and he
must, therefore, account to her for the pro-
ceeds thereof.
FOurth-That defendant, Innes, having
had actual knowledge of the title and con-
ditions under which PhiIo Remington held
plaintiffs property did not buy the deed
from defendant, Remington to himself ac-
qulre title to the same, as against plaintiffs
equities.
Fifth-That defendant Remington ac-
qulred no title to plaintiffs said property
by the purchase by bankrupt sale, notwith-
standing the said property was included in
the assignee's deed.
SiXth-Defendant Remington acquired no
title by his deed from Mrs Boswell. men,
toned in the sixteenth finding of fact
herein, which he should be permitted to as
sert against the plaintiff. Whatever title
he acquired by that deed must be consid-
cred as held by him in the same manner and
for the same purpose as he held the title
conveyed to him by Mrs. King in 1875. and
not as an independent, indefeasible title
Seyenth-That defendant, Remington, by
the agreement of June 5, 1875, having been
fully authorized to sell and dispose of
plaintiffs property or any part of the same
for the purpose as stated Ill such agreement,
will not be liable to account to plaintiff
for such of her property as it became neces-
Sary to sell in order to carry out said agree
ment, but as regards her said property,
plaintiffs standing only in the relation Of
surety of her husbands debt to the defend
ant, if said Remington held or holds suffi-
Gent of w. S. Kings property to fully sat
isfy his claims, including expenses
properly incurred, then plaintiff
is entitled to have such OF
her property returned to her as still remains
ulloOiu, dIu W IcCOFcI Gllo amount OF
amounts for which any portion or her prop
erty may have been sold prior to the
payment of defendants claim in full AS
to any property sold after the satisfaction
of defendant, Remington's, claim, plaintiff
will be entitled to recover the market value
OF the same at the time this action was
commenced. In order that the rights of
said parties may be fully considered and de-
termined i'll accordance with the foregoing
decision, an accounting will be first neces-