St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-08-04
The Court Decides VoluminOusly for the
Plaintiff in the Great Minneapolis
Land Suit.
The Relation of MOrtgagOr and Mortgage
Firmly Established by the Deed
of 1875.
This Relation Was Not Changed by
the Foreclosure Nor by the Mort
gasee's Sale.
y Referee and an Accounting of All
the Property Ordercd--Mrs.
Kings Money.


Young and KOon filed with the clerk of the
district court their decision in the great
King-RemingtOn suits. concerning which
there has been such great public interest
for the past six months. owing TO the large
amount of valuable property involved and
the prominence of the parties concerned.
The decision is for the plaintiffs, William
NJ. and Caroline VI. King, as against the
defendants, Philo Remington, Caroline n.
Remington, Robert S. lines, L. f. Menage
and Amanda 4. Menage. IT decides that
the original agreement between King and
Remington was deed in trust, and that
upon the satisfaction of Kings debt 10
Remington the property must revert
to its original owner. In the case OF Ms
King il is decided that she was surety Tor
her husband, and shall receive back her
property when his Indebtedness Is dis
charged The order of the court is that an
accounting shall be made and referee ap-
pointed. 1t is expected, of course, that an
appeal will be taken to the supreme court
of Minnesota, but the decision Of the dis
trict is regarded as likely TO be sustained.
as the case has been so carefully considered
and fully discussed.
An accounting only can determine the
amount which the plaintiffs can recover,
! especially in the case of W. >. King, IN
which there are so many complications
which involve transactions Of several years
Those in position to form an accurate es-
! innate claim that he will obtain at least
$500, 900.
In Mrs. Kings case the demands which
are granted by the decision are more Speci-
| iic. She asks the return of the Mendenhall
ten acre tract, which is worth at least
! $780, 600; the elevator lots, which are worth
/ n. 4lr nd into fha
money of 10 lots, which have been sold by
the defendants, and the Pioneer Press
stock, which is worth $50. 900, the whole
aggregating 1865, 600. Its needless to say
/ that
! PUBLIC SYMPATHY Is WITH COL. KING
and his wife. When the news of the re-
suit of the trial was learned the expressions
of hearty approval were To be heard on all
sides.
The decision is in keeping with the case
as TO length, and covers over 100 pages of
| legal cap. The following are the salient
points. In the case of Col. King
TIE COURT FINDS THE FOLLOWING FACTS:
First-That in April, 1875, the plaintiff
was the owner of all lands described in
schedule "A" attached to plaintiffs COM
plant, except the Curtiss eighty and such
parts of lots l, , and 3, of section nine, in
the same township, as are owned by the
| Lakewood Cemetery association.
| Second-That Caroline NJ. King was at
| the same time the owneT of three ten-acre
tracts of land and OF an undivided half of
! eight lots in Bradford & Lewis addition,
described in schedule ''B." and she was
also then the equitable owner of S29, 900 of
the capital stock OF the Pioneer Press COM
pany.
Third-That plaintiff was at such time
greatly indebted to different persons, a
large portion OF his debts being liens and
charges upon said lands in the form of
| judgments and mortgages; that his lands
had also been attached at the suit of the
/ Pacific Mail Steamship company upon a
pretended claim which, although afterward
abandoned. then greatly embarrassed
| The plaintiff. That although his lands were
of great value he was unable to raise money
sufficient for his relief. and i'm that extrem-
! ity applied to his friend PhilO Remington
for assistance. The plaintiff stated to said
Remington that he would need between
$50. 900 and SIS, 600, and offered 20 give
him as security therefor deed of all his
lands in Minnesota. Ii was further
provided that the land and property of Mrs.
King should also be conveyed to Remington
as security. Afterwards. on or about June
ID AliI lktlAAAlAA anu HI, WIG
veying their property to Remington. i'm the
form OF absolute deeds. Afterwards. and
as a part OF the same transaction. Reming-
ton executed with the plaintiff exhibit &C, :
which embodied the agreement entered into
between plaintiff and Remington that no
consideration was given or paid for the
land thus conveyed, and said deeds were
given only for the purposes expressed in
said exhibit &C"
Fourth-That by the original agreement
between King and Remington it was sup
posed by both parties that all of Kings
lands In Minnesota were included i'm such
deeds. but by the mutual mistake of the
parties. about $50 acres in Hennepin county
were omitted.
Fifth-The Pioneer Press stock not hay
ing been issued at the time of the said az
rangement plaintiffs and David Blakely
desiring TO purchase it. it was agreed be-
tween King. Remington and Mrs. King that
the stock should be issued TO said Blakeley
and he should give his notes in payment
therefore To the amount of $50, 600. pay
able to PhilO Remington. Afterwards. the
said Blakely falling 10 pay said notes. it was
agreed that the notes should be given up
and the certificates of stock surrendered
and new certificates issued in the name of
Phiio Remington.
Sixth-That Feb. &c. 1875, the Lake City
bank recovered judgment against King for
the sum of 81. %. That prior to the
making of said deeds the said Remington in
pursuance of the said verbal agreement. adj
vanced King 50. l01. Il to purchase the said
judgment, and King had an assignment
made thereof TO said Remington, that it
might be uSed as security for his advances.
That said Judgment so assigned was there
after held by said Remington as security.
Seventh-That in pursuance of said
agreement, on or about Sept l, 1875. Rem
ington made further advances To plaintiff in
money by notes aggregating about Sl95, 900.
Eighth-That at the time of making said
deeds and agreement j. ". johnson held a
judgment agninst the plaintiff upon which
execution had been issued. That sale
was made upon said execution To the said
creditor, J. W. johnson. That plaintiff
wrote said Remington that it would be nee
eSsary to make
FURTHER ADVANCES
to redeem said lands from the SAID johnson
Judgment sale Such redemption was
made and the execution TO said Remington
of a certificate of redemption was made by
the sheriff. Said redemption was made for
the purpose OF acquiring title for said Rem
ington, i'm pursuance of the original agree
ment, said lands having been omitted from
the original deeds. That said notes and
other notes used for the benefit OF the
plaintiff amounted to SIS, 600, making the
total advances S210, 900.
Ninth-Until the early part of 1878
plaintiff remained in the possession and
control of all the property without dispos-
ing OF any of the same. In 1877, after the
bankruptcy proceedings commenced. King
wrote 10 Remington requesting 10 be re-