St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-01
STILL Att.
Judge shaw Talking in the King,
Remington suit.


the King bennington suit lie spoke rap
idly and made few pausos or diEressions.
As result he covered a good deal Of
ground and may be able TO conclude his ar
gument this morning.
Judge Shaw hrst took he theory of the
plaintiff. that Remington became a trustee
oy entering INTO possession OF the property.
theIeoy establishing q relation which would
pre- ent him from becoming the purchaser
Of the equity Of redemption. Upon this
point he quoted q number OF authorities 20
show that the law does not hold that a
mortgage conveys, Dut only a security.
A mOrgagee Is often called trustee. and
in limited sense this character might be
attributed 10 hun. for there niEhr be q duty
resting upon MORTGAGE % discharge a
particular claim against Tie property mort
gagged. A mortgage IS bound To account
Tor rents, taxes and profits and Fin this re-
spect might be called ii rC,tee. but except
IN some special sense that was not the re.a-
ton he bore b. tie mOrtgaEor a mort
gageo who is ia possession j. also
sometimes spoken of rs q tenant,
ana while tie analogy between the two re-
latiOnS is not close. il Is difficult 90 see any
reason for denying the right Of a mortgagec
10 purchase and hold adversely tu the mort
gaEor in cases where the tenau. would be
allowed to purchase ana hold agains. the
landlord.
Another ground upon which che plaintiffs
claim that Remington became So situated
mat he could no, take under -ae bankruptcy
sale title adverse 20 King IS The agreement
alleged in their replies between kmg and
Remington ard lunes in connection. Judge
shaw here read
THE AGBEE5U.NT.
which IS denied bg the defendants The
facts alleged with respect % tie 81 cement
are about as follows. First. shat there was
80 be sale by the two as~l-pe-~; second
that King desired % have lAt title 0f the
/ assignee procured for him. TO the end that
the relations between him King and Rem
ugjCn might continue without aly eub4T-
IDs-ureu- IIom amy claim or title tv q Ihirl
party. third. ilat King in.eude 80 buy m
taa rs gnee's title I9r himself and Cd
have Ill hidden Tor him u trust.
-aarll that friends We're ready with funds
g. bpy la Tie property; LIth. that King de-
claied 10 Remington and lure such iUteu-
/ Cou sixth t'at il was expressly agreed
between Remington and King thar the
latter should noi bid at such alIa but that
bennington should have the sul- hidden
( OK In his name iDr the purpose .L continue
He Tie Uusr and relations heretofore exc
listing; seventh. that M pursuance u the
agreement King RETAINED from idUg and
I the lands were hidden oil u te,.ugtou's
name Tor So, thar by req SON thereof Rem
/ ington was enabled To get t.e title of the
assignee at "a greatly less price than rr
otherwise could have obtained TO- TlerwCf
! ~ rne agreement which mas been offered Is
entirely verbal TIedetailCl conversations
/ are received subiec, 20 an Obi tj0a that
the same are incompetent and tha.
under our statute OF frauds such a
ra0l or verbal testimony. and under
-na statutes 0i uses and trusts IS void. a-
( being 70 trust not permitted This is the
I position of the defendants. we -a-nestiv
contend tn1u the agreement cannot b. SO
est r.islec The statutes VI frauds eN-
n.e@-lv prescribe tiaj ouly am agreement
4 in writing. SIGNED hy the parieS VIII sui
( ice. Again llIs agreement mus. h- looked
/ al iu the same way as ID ans one else Otder
/ .lan hmg Nho had never seen ol known
. Remington, vas setting up a claim Go re-
4 deem this property hy b.
The Judge tlcn went ON 1i some length
/ t0 snow tEJt the alTceme.- me within
I the statutes OF frauds cOmo't.u- tie the
/ uTy that the transaction between lil- ana
I Remington respecting tle ban rUtcy sale
1 h'll-N-lit. aAANfA A- anu ''.a -AalN
/ be shown Dv parol eyideDe, He also
claimed that tine agreement Yves void under
the statutes 0f uses and trusts. Up0u
/ these points an elaborate argument was
/ made. and numerous decisions and -ulir-s:
I cItel one feature ~ which the a ten ion OF iae
ouur. was particularly called was char King
alleges that ha. bennington and lHH5s de-
. hberately agree 20 suppress bidding at the
! bankruptcy sale 90 the end Chat hI- might
-et tpe lands So make money UUt oI, and
/ tGat fhG result was that the property was
4 bid .u Tor s2-. IL this is true ID was
/ DELIEEf,A IELT CONCEIVED FRAUD
I upon tle assignee, the court vi bankruptcy
( and the general creditors CI King Yet
/ King las toe efron.ery, after having Je-
/ hheuiely cJucoe-gC and carried ont the
/ scheme, 10 ask d court of equity To decree
/ I'D him the anticipated fruits oi g.
I Mn. kim with characteristic abandon
/ anl s3ns iroid. saws Chat uo one was 10 de-
! rive any benefit from the 5ETeeuclI which
/ is set Jp as reason why Remington should
lut have the benefit of this purchase tum
/ the assignee, which. hut lOr tAe agreement
( he would have had III was not Tor Rem
4 ngt1n's interest with about $500, 200
( OF his own money invested ana
King In bankruptcy with O personal dis
. charge iT0m his indebtedness. 80 continue
tc hold this property IS d mortgage o.
Z trustee. with 500 coo 10 S15o. 600 ~ prior
liens upon d. Yet King says taa5 ia order
. that DE might speculate Remington and
/ Times thought il best 70 do lb.s.7 and
Z then they Deliberately used the machinery
@. the bankrupt court a. defeat ,le object
OF the bankrupt law.
1T would seem that Mr. kim had. and
yet has. an idea thar AIr Remington was
brought into existence. and lived and
moved and had his being. and was bound 90
devote and continue indefinitely 20 devote
his whole fortune with au utter abb egatiau
of his own interests for the express and
only purpose OF serving and promoting the
welfare and E-orihc1tOn OF William ).
King.
! II is characteristic Of some people TO con
template the earth and tine fulluess thereof
as belonging 10 them by @ sort OF divine
right aud to aver that they are wrong
July and trsuduientiy dealt with
" anybody presumes 10 question their as
suuptions. II appears likewise that the
plaintiff and his learned counsel have an
Idea that the bankrupt law was q cumngly
devised pretense and c0diicatlou uf a sys-
TEN of legallzed fraud q sort of a ildibial
mill where spendthrifts after borrowing and
wasting the substance OF creiuious and con-
! hding creditors, might put themselves and
what they aver TO be the valuable remain
ders and equities OF their llcumbered e.
; tates into the hopper at 'front.' and De turned
. out az the spout at tine rear and with clear
discharge and redemption from pursuit by
5 Their victims, and all the estate which they
had pretended 20 surrender stn in theil
hands. They should remember the maxim
eXturpi caUsa non oritur actio. or as tht
same idea is sometimes expressed. He win,
asks relief from A court OF entity niust