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

10 redeem the lands for Remington. That it
was arranged with the Northwestern Ma
tiOnal bank to advance the necessary money
upon the note of Remington secured by an
assignment of the certificate of sale. That
the loan thus made was carried by the bank
until June 1879, when it was paid by Rem
ington. who received deed OF the premises.
That said transaction was for the purpose
of carrying out the original agreement.
Eleventh-That in June, 1875, the plain
tiff owned the west half of the northwest
quarter of section s, township 2S, range "a.
which he had conveyed as security to James
81. Stevens for loan Of S11, 900, and Stew
ems had given writing acknowledging the
giving of said deed as security only; that
plaintiff assigned such paper to Remington
10 be held as security. That afterwards,
Stevens needing money, it was agreed by
Remington and King that he might mort
gage said lands to raise money. That
Stevens did mortgage said lands TO one Sey-
mour for So, 600; that said mortgage was
fOreclOSed and the premises bought in by
the mortgage. That lines, at the request
of King, redeemed the land and procured
an assignment TO Remington, which bears
date June %, 1881. That in October of
said year Remington sold said lands for the
sum OF S73, 730.12.
Twelfth-That of the lands originally
conveyed, the northwest quarter of the
southwest quarter of section 8, township
IS, range "a, was mOrtgaged TO X. j. Bald
win. That said mortgage was afterward
assigned to the Minnesota Farmers Mutual
Fire Insurance association and was fore
closed and the premises bought by the said
assignee. That redemption was not made
in the specified time, and the company
agreed with plaintiff that he might make
redemption by paying the amount of said
debt with interest and cost That lines.
at the request of plaintiff, did make such
redemption Nov. IL, 1878. That in Sep
TENDER, 1881, the said premises were sold
by Remington for $50, 900.
Thirteenth-In 1873 the plaintiff con-
veyed lands to the Lakewood Cemetery as
ISOLATION, and as part consideration was
to receive deed of a certain tract That
through neglect such conveyance was not
made until July 20, 1873, when plaintiff di-
reeted said association to convey said land
10 Remington, and said Remington paid
nothing for the same and received the same
only as security for his debt and for the
purpose OF carrying out the agreement made
with said King.
Fourteenth-That Nov. Z. 1877. the
plaintiff was adjudged a bankrupt and J. c.
Whitney appointed assignee. That in 1873
the assignee obtained permission to sell the
real estate at public auction; that plaintiff,
believing the same largely exceeded the
amount OF the liens and desiring to protect
MS equity OF redemption, he proposed to
Remington that the equity should be
BOUGHT IN BY REMINGTON,
who should hold said property for the pur-
pose that he had formerly held said lands;
that Remington aSSented to said proposal.
That plaintiff communicated the agreement
10 lnneS, who said he would attend the sale
and purchase for the purposes before stated.
That relying upon said agreement and prom
iSeS, plaintiff omitted to attend said sale and
the property was bid in for Remington for
S25. That assignee objected to selling for
that sum on the ground that it was made
quate, and consented upon being assured
that the bid was in the interest of all parties.
We do not find the evidence sufficiently
definite to enable us to determine the exact
value of the equity of redemption so pur-
chased, nor do we deem it necessary at this
time to determine these questions with ex-
aetneSS- That after the sale the plaintiff
continued to take an active interest in said
lands, and assisted in securing valuable
franchise for the motor road, which ap-
pears TO have been of much Importance i'm
increasing the value of said lands That
said acts were done with the desire of Rem
ingtOn and lines.
Fifteenth That in July, 1873 all the
lands of plaintiff in Hennepin county were
sold at execution sale and assigned to PhilO
Remington. That no money was paid at
such sale, and it appears to have been at the
joint Instance Of King and Remington. for
the purpose of correcting any defect of title
and TO carry out the original agreement.
Fifteen and a Half-The lands which
were conveyed by Mrs. Remington were
conveyed to her by the plaintiff King in
October, 1874. There is no evidence to
justify the conclusion that such conveyance
TO her was fraudulent; that in the deed
of said lands made to Remington the de-
scription of the lots in Bradford Il Lewis
addition was vague and uncertain; that
afterwards Remington mOrtgaged said lots
to w. III. Elliott. who having learned of
the error in the description of the said lots.
and desiring to have il corrected, Mr.. aud
Mrs. King, Sept. II, 1877, executed and
delivered TO Remington quitclaim deed.
but by mistake the property was incorrectly
described; that for the purpose of correct
ing the description, Mr.. and Mrs. King
Oct. Is, 1879. at the request of lines, ex-
ecuted and delivered for Remington another
deed containing correct description; that
this deed also contained the three ten-acre
tracts belonging 10 Mrs. King, which fact
was wholly unknown to her ut the time she
executed tine same and until immediately |
prior to the commencement of this action; |
that no consideration was paid for either of |
said cOnveyanceS; that Mrs. King had no |
intention to part with her equity of redemp- |
ton.
Sixteenth-That among the lands of Mrs. |
&
ten acres which had been mOrtgaged to !
George II. Tuckerman for So, 500; that said |
mortgage passed to Mary S. Tuckerman. |
who fOreclOsed and bought the premises !
June %, 1915. That the plaintiff. desiring |
to redeem said lands and having raised a |
portion of said money and arranged 10 Dor |
row the sum of So. 600 of one Melvina BOS- |
well. redeemed the land. and to secure Mrs. |
Melvina Boswell had the certificate OF sale |
assigned to her. That in June, 1882, |
lines induced said 8lelvina Boswell to |
make quitclaim deed of said lands to |
said Remington and to take back a mort !
gage To secure said debt; that neither the |
plaintiff nor his wife consented TO such |
change of security, and the said Melvina |
Boswell did not intend to convey any title |
to Remington except 10 change the form of |
her security.
SeNenteentl-In mat prior 10 Jan, 81. |
1882. Remington had sold portions of lands |
for $50, 0OO. but had not received from |
such sales and from mortgages which he |
also made sufficient to fully reimburse him. !
Eighteenth-That Jan. 81. 1852, Innes
made contract with Menage purporting to
be for She sale TO him of some 1. 147 acres. |
being all that then remained unsold, for the
sum of S496, 900, and at the same time
Menage and lines agreed between them by
contract that lines was TO have an interest
in the lands purchased; that nothing was