St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-04-28

of portions of the King property; an agree
ment between +. j. Robbeth and Reming-
ton concerning land in Meeker county; a
memoranda of notes given by A. III. Pres
colt and Endorsed by Remington, in arrang-
ing the King matter: memorandum book
of Phila Remington containing entries in
reference to matters set forth in the
amended complaint; the letter written to
Remington by King, requesting that an
agent be sent to Minnesota to take charge
of affairs; the agreements between Menage
and InneS, between Remington and InneS,
between Remington, King and others, in
the Seattle purchase.
The demand being refused, the plaintiff
offered to prove by testimony the contents
of the documents.
TOM LOWRY ON THE STAND.
Mr.. Lowry was called, and testified
that he had been president of the Street
Railway company since 1875. The right OF
way on First avenue south was conceded to
the motor line by the Street Car com
pany at the solicitation of Col. King,
under the following circumstances: In 1875
Judge Prescott and Mr.. Shepherd of New
York were in Minneapolis negotiating a
loan from Mr. Remington to Col. King,
who at that time owned one-half of the
Street Car company's stock. Col. King de-
sired to build suburban road to Lyndale,
but all the other stockholders opposed it.
A verbal agreement was made in regard to
such road, and the witness, when he be-
came president of the stock company, re-
newed to Col. King this promise to permit
the building of suburban road. At that
time he did not think the road would pay.
but the lease was finally made at the solicit
tation of Col. King.
Mr.. Lowry was here asked his Opin-
ion as to tee value of the LOO acres OF
land on Lake Harriet known as the Lyndale
farm, and replied that he thought it worth
about $500, 900; the Kirke eighty and the
Stevens eighty he thought at that time were
worth about S120, 900 or 5000 an acre. The
witness testified also that at the time OF
Col. Kings bankruptcy he had understood
that Mr.. Remington should bid in his prop
erty to protect his own interest and those OF
Col. King. On croSS-eXamination the wit
ness said that in 1878 the market was very
low, and he was unable to give an opinion
as to what the lands would have brought at
that time.
OTHER WITNESSES.
Clinton Morrison testified concerning the
granting of the lease to the motor line that
at first majority of the stockholders of the
Street Car company objected, but yielded
upon the statement of Mr. Lowry that a
promise had been given Col. King that such
a concession was to be made.
George ChOWen testified that he had been
in the abstract business since 1867, and IN
1875 he made abstracts of the lands of Col.
and Mrs. King in Hennepin county. Copies
of the abstracts the witness here produced
and certified to. These abstracts had been
given to Judge Prescott, and also showed
the title Of the three ten-acre tracts belong
ing to Caroline N. King. Mr.. Wilson stated
that these abstracts had been demanded
from the defense and refused. He pro-
posed now to prove their contents by this
witness. The abstracts were then identified
by Mr.. Chowen. They showed the trans
fer of the three pieces of land to Mrs. King
by Samuel Neiler All these abstracts the
witness said he had looked over with Col.
InneS, in whose possession they then were.
II. n. Carpenter testified that in 1878 he
was one of the directors of the Street car
Company, and that most of the directors
were at that time opposed to giving the mo-
tor line right Of way to Lyndale, but had
finally consented at the request of Mr..
Lowry, who stated he had promised the
liSiG VI way " SO1' Mug
II. G. o. MORRISON
was called and testified that he was Col.
Kings attorney during the bankruptcy pro-
ceedings in 1878. Just previous to the sale
Col. King said that he desired to have his
equities purchased for his benefit by Mr..
Remington. Witness afterward talked
with lines about it, aud it was generally
agreed that this should be done. Col King
afterwards saw Mr.. Remington and an ar
rangement was made, in accordance with
which Mr.. Remington bid in the property
for S25. The witness further testified that
the Lake City judgment sale had been made
in order to get certain lands which had
been omitted from the original deed con-
veyed to Mr.. Remington. The johnson
purpose. At the time of
the agreement between King and Reming-
ton it was intended that the contract should
include all of Col and Mrs. Kings lands
in Minnesota.
A letter from Judge Prescott to the wit
ness was here read, in which it was stated
that the intention was to include all of Col.
Kings lands in his deed to Mr.. Reming-
ton.
FIXING THE VALUES.
William Smith testified he had formerly
managed the Lyndale farm for Col. King.
In 1878 he leased the farm from Col. lines,
and remained there, paying rent to Innes.
Mark w. Lewis testified that he cOnsd-
cred the Lyndale farm in 1878 was worth
$500 per acre.
N. l.. Higgins testified that he considered
the pasture of the Lyndale farm, which
lies this side of the lakes, was worth $500
in, l,n ind ri
per acre. Had purchased land III that vicin-
ity from $500 to $3.50 per acre.
Col. King was called and testified that
the Lyndale farm was worth $500, 600,
with improvements worth $50, 900 in adj
dition.
Mrs. King testified that she did not
know that her land was included with that
of her husband in the bankrupt sale, and
had not given her consent. She did not
know about the Lake City judgment sale
either.
DOCUMENTARY EVIDENCE.
The defendants here offered some of the
letters that had passed between Remington
and lines, portions of which were read.
In these letters the progress of the motor
line, the COmiSsion of certain lands i'll the
original deed and the Stevens eighty trans
action are mentioned.
The order of Judge Nelson, discharging
the assignee of Col. King, and the quit
claim deed of the assignee, j. C. Whitney,
to Col. King at the time of the bankrupt
sale were offered in evidence by the plain
tiff. and Mr.. Wilson announced that in the
incoming list of the transfers of property
made by Remington since 1885. the con-
siderations of which foot up 81. 500, 900,
e.. -
this. very little testimony remains to be in
troduced by the plaintiff. and this side of
the case will be closed to-day.
TEST CASE