St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-07

the court. but upon what ground can they
ask for sympathy for Col. King. Upon the
ground that through his inability To conduct
his business properly he became a
bankrupt? We can all sympathize with
Col. King to that extent. But they base
their. claim upon alleged facts which
never existed, and have further
attempted to prejudice the court by I'M
warranted attacks upon the defendant,
lines. The facts upon which the cardinal
points of the case rest occurred long before
lines made any cOnveyances and those
which he did make will not be material TO
this case. If Mr.. Remington chose TO
make Innes his partner it Is no concern OF
the plaintiffs.
Mr. Levi then referred TO the conveyance
of 1875, saying that it was either a mort
gage or it was not a mortgage as claimed by
the defense, and that il was trust or not
a trust is claimed by the plaintiff. 1t is
hardly contended by the other side that
this was an expressed trust under our
statute. Therefore, they call it power in
trust. A mortgage is a conveyance Of
property as a security TO the mortgage, and
this conveyance of 1875 was a mortgage,
because it was given as security. The cases
cited by MIR. Wilson were those instituted
by third party, whereas this case is be-
tween mOrtgagor and mortagee and the
courts have held that such conveyance is
a mortage. Mr.. Levi next took up a num-
Der of the
DECISIONS CITED
by the plaintiffs relative to trusts, and then
reSuming his discussion of the conveyance,
claiming If Mr.. Remington must assume the
position OF trustee it must be proven by
something outside of this contract. There
Is not an atom of evidence in this case to
show why Mr.. Remington should assume
the burthen of trustee. He was giving TO
William 5. King almost to his utter de-
stuctlon, and only gave the money after
King insisted that he must. l do not believe
court of equity will ever say he must as
sumo the position of a trustee Mr. Levi
further claimed that the bankrupt sale
changed the relations of King and Reming-
ton, and occupied the remainder OF the
morning on this point.
IN THE AFTERNOON.
The point made by the counsel was the
contract made by Col. King with Reming-
ton, if made, is void because it was a bare
faced fraud, in that it was an attempt to
deceive the bankrupt court as well as TO de-
fraud his creditors.
Mr.. Wilson has stated that in 1878
Col. Kings Lyndale farm property was
valued at $3.50, 600. with SIS, coo worth of
improvements upon it, while the omitted
lands were worth 500, 900, the whole being
valued at $3.50, coo. The property in the
name of Mrs. King was worth S77. 200. At
this time Col. King says his debts amounted
10 $500, 600: according 10 the schedules filed,
the debts amounted TO S445, 900, while the
assets amounted TO $500, 900, and the prop
.a,-fr- go r. 81
The spectacle is presented of an indebted
ness amounting to S455, 600; assets to
$3.50. 600, encountered 10 the extent of
$500, coo. Here was enough TO pay the
debts twice over, and it is impossible to
think that Judge Nelson, had he been cog
infant of the facts, would have issued the
order confirming the sale. While do not
care TO call Mr.. King a scoundrel or a thief,
and don't believe he is, he certainly eS-
tablished grave fraud upon the law and
his creditors, and his contract with Mr..
Remington is thus predicated upon fraud.
AS To MR.. MENACE.
1t is said that Menage, because he was
in partnership with InneS. had actual
motive, when under our statutes he could
not have had more than constructive
knowledge.
The signing of the deed by Mr.. and Mrs.
King, under the impression that they were
signing some papers for the purpose of cor
recting an error, was ridieuled by Mr.. Levi.
Three witnesses besides Col. King have
sworn TO this. They have simply been i'm
pressed with the recOllectiOns of Col. King.
He is perfect Col Sellers, and succeeds
in convincing himself that what he simply
imagines did really take place. As Judge
Miller once said of a witness: SHE is re-
IL
knows, and remarkable i'm what he fails 10
remember" The colonel is an old news
paper man, and upon this fact must be held
accountable for his peculiar organization.
A brief consideration of Mrs. Kings
position as surety followed, and with this
Mr.. Levi concluded, and court was adj
journed.
This morning Senator Herman will speak
for the defendants.