St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-04
The Fifth Day of the King-Remington
Land Suit Develops More Forensic
Talent.
an Exciting Day at the Races Theresa
Scott, Prince Arthur and La
Belle Win.
4 Minneapolis Detective Who Does
Not Pay His Jud@ment--A Fire
or Two.
At Lake NIinnetonIka To-Day--Prep-
arations for the Fourth of July
City Briefs.
KING-REN1NGTON SUITS.
MIR. Wilson Concludes His Argument
and is SOmeVy hat Personal.


and is Some wv hat Personal.
Yesterday, the fifth day of the argu-
ment in the King Remington suit, saw
the close of Mr.. Wilson's plea for the
plaintiffs, which was nearly as long as that
of Judge Shaw for the defendants, or
nearly two days and half. Adjournment
was taken TO Monday morning, i'll order to
allow the court and those connected with
the case to celebrate the national holiday.
MI Levi, for the defendants. will next oc-
cupy the attention of the court. He prom
Uses to be brief and will probably not take
more than a day.
Mr.. Wilson, in Tesuming yesterday morn
ing, said that Remington had full power to
forecloSe in order to reimburse himself. and
had he gone to a court would have been
told that he had higher power than a court
could give him. Had it been simply
mortgage he would have had no power in
himself, so there must have been trust.
\ TRUSTEE MUST NOT SELL
property except to sell to benefit the
yrantor. We have two foundations in this
Ease in which to build up trust. We
further allege the purchase at the bankrupt
sale was made under an agreement with Mr..
King to buy it to protect Kings interest.
Kings testimony on this point was read,
where he said he ''could trust Mr. Reming-
ion with his souls salvation when it was
matter of personal honor" and that had
it not been for the arrangement with Mr..
Remington l should surely have arranged
with some one else to bid in my equity"
Mr.. Kings demand for settlement and
9tfer at 5000, 900 was brought up in this
connection. In regard 10 RemingtOn's teS-
;imOny concerning the agreement to buy
Kings equities Mr.. Wilson claimed that
Mr.. Remington had forgotten the facts, or
nad purpOsely misstated them. 1t is mma
terial whether lines is a latter-day rascal,
or a rascal alb initiO. The assignee
Of a bankrupt is but a judicial officer
who takes the trust, first, for the
creditors; second, for the bankrupt himself.
The courts held that when the purposes for
which trust had been created were full
filed, all remaining property should be re-
turned to the original owner. The incum-
ORANGES on Mr.. Kings property at the time
Of the sale amounted to SIPS, 900. Leav-
ing out the Seattle property there exists on
the property liens of all kinds amounting
10 1854, 600. Above all liens existed a large
surplus. We have a right to ask for ac-
counting, as if no bankrupt sale had ever
taken place. We have shown that he had
an interest in the estate; that there was an
agreement, and there is nothing to do but
apply the law.
IN THE AFTERNOON.
Mr.. Wilson reclted a number of decisions
to show that the bankruptcy sale did not
destroy Kings title to the surplus left after
paying Remington's debt of 1888, 600. He
made the point that when Remington pur-
chased Kings equities for S25 he must have
acted in trust, and that the statutes of fraud
cannot be involved to annul a contract
which existed between the parties. In ac-
cOrdance with an agreement King stayed
away from the sale and Remington bought
the equities. Thus far the contract was
kept which Remington now seeks to repu-
diate. Where a grantor parts with property
relying upon promise of the grantee,
equity holds that there is a trust. They
can't slam the doors of a court of equity
in our face because it must be
shown by parole evidence that they made
this contract. The continuation of Kings
interest was acknowledged long after the
bankruptcy. as is shown by the testimony
of Mr.. Burlington, Mr.. Clarke, MI. Smell
and Col. King himself. Also by the testi-
mOny of Mr.. Lowry, carpenters, and others,
which shows that Col. King long after alone
obtained the right of way for the motor line
out to the Calhoun property. In regard to
the Lake City, the Johnson Judgment
would King be doing all these things if he
did not think he had still retained his inter-
est? The sale at which they claim King
sacrificed his title occurred April s, 1878,
and InneS testified that in 1879 he went to
Mr.. and Mrs. King to get their signature to
a deed. Mr.. Remington says that lnneS
complained in 1881 and 1889 that
King wasn't doing his duty i'll
booming the property. There can be no
doubt that King is entitled to the surplus
over and above his debt to Remington, and
we have a right TO put our hand in the
BEGGARLY POCKET
of Innes and restore this property to its
rightful owner. The sale to Menage was
attended by peculiar circumstances which
bear the ear marks of fraud. lnneS be-
came both a buyer and seller, which should
alone have been sufficient notice to Menage
that something was wrong. The price was
very much below the real value of the land,
so Menage knew that he was getting the
land cheaper because of this partnership.
Another ground is that Menage was
not a purchaser for a valuable
consideration. In order that he can
appear to be an innocent purchaser,
such as the law will protect, it must be
shown that he paid purchase money. Every
dollar which he paid on the contract came
out of the property. Buying without pay
ing anything down, and selling S1S5, 600
worth at one time, soon after meeting the
payments by mortgages and negotiating the
mortgages. ne has been making money in
stead of risking or investing a cent. He
can be placed back where he originally was,
but he has no right to come in with these
parties who are endeavoring to take this
property by fraud.
IT MAY BE CLAIMED
that he made improvements, ETC., but this
was all for speculation, and he can't
claim $500, 600 of Mr.. Kings money for
that purpose. 1 don't believe that Mr..
Menage can claim $500, 600 of our money
for speculation; nor that Mr. Remington
can hide $780, 600 from us behind his wife's
petticoats; nor that Innes, the arch con-
spirator of this infamous plot, can take an
other half million. If q court of equity
will permit these things let the hands be
turned back to the time Shylock could re-
fuse the payment of his debt and exact a
pound of flesh.
When Mr.. Wilson finished it was after
o'clock, and adjournment was taken to $50
o'clock Monday morning, Judge Koon eX-
pressing the hope that the gentlemen
would be on hand promptly"
MINNEAPOLIS RACES.
IL L.