St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-11-22

of r. B. Galusha, attorney for mortgage.
There also appears on record an affidavit of
the publication of such notice, and the affi-
davit of the sheriff of Hennepin county that
he sold the whole of the land under the
foreclosure to r. B. Galusha individually
for $500. There appears also of record a
certificate of purchase and affidavit Of the
sheriff to GaluSha of such sale, recorded in
November, 1870.
The instrument filed yesterday is an eX-
emplified copy of the letters teStamentary
of the said Joseph Hail. deceased. Attached
to it is the affidavit of G. n. Bennett that
he, the Identical Joseph Hall, died
June. 1865, leaving will and three eXecu-
tors, who knew nothing about the mortgage
and knew no such person as r. B. Gaiusha.
This mortgage was also paid at its maturity
in 1857 so, of course. Joseph Hall had no
interest after that.
The time for redemption havinh elapsed,
GaluSha, it appears. subsequently claiming
title to the property. conveyed it TO other
warranty, and to others by quitclaim. The
property is now known as
SILVER LAKE AND OAKLAND ADDITIONS
to Minneapolis, and consists of 600 lots. all
of which are vacant except about thirty,
which have been built upon and occupied
within the last two years. The fact
of the invalidity of the foreclosure was
only recently discovered. arising through
inquiries to Mr.. Burke, who was attorney
for Mercy P. BauSman, widow of Jacob B.
Bausman; and her two sons, Julian NJ. and
Frank. W. Bausman, all of whom are resi-
dents of Minneapolis. Thereupon Mr..
Burke, who began an examination of an
abstract of title of the property, reported
that the apparent foreclosure of the Joseph
Hall mortgage for the small amount of
$500, thirteen years past due. was sufii-
GENTLY suspicious circumstance to warrant
further investigation. In response to in
quiries Mr.. Bennett came to see him, and
by their combined efforts the state of facts,
as shown by record. were evolved. The
most thorough and painstaking search was
made. Mr.. Bennett visited Rochester and
held personal interviews with the heirs of
Joseph Hall and the executors of
the estate. No trouble nor expense was
spared. A careful examination of the in
ventory of assets of Halls estate in the sur
ROC ties Office showed no such mortgage in
ext i.ence, and statements made by the rel
atlyes and executors were to the effect that
Galusha had never been the attorney of
Hall while living. nor of the executors after
MS QSaIQ. IIldG HIS ACT. Ildu therefore IU0
effect of changing the apparent title of the
land to himself without its costing him
dollar, and the proceedings inaugurated as
the aca OF Joseph Hall five years and four
months after his death. After the discovery
of this alleged fraud upon the public,
prompt steps were taken by the parties in
terested to make known their rights. To
this end the affidavit of Mr.. Bennett and
the letters testamentary were yesterday
filed with the register of deeds as explana
tory and for the purpose of making ex-
planatory statements unnecessary in the
future.
THE LAND,
Whlcn IS embraced in Oakland and Silver
Lake additions, is probably worth to-day
SoOU,VUV, and at the time of the sale to
Galusha was valued in the neighborhood of
S5O, O00 The claimants to this vast pos
session. Which increases in value from day
10 DAY as the city grows. are Mrs. Bausman.
the Well-known artist, and her sons. already
mentioned, and the widow of Zenas n.
Britton, now Mrs. G. A. Como of San
Francisco. whom Mr.. Bennett representsas
attorney. and her son, Charles c. Britton.
years old. whom Mr.. Bennett also renre,
sents as guardian. There are also several
grantees of Jacob B. Bausman and Zenss
E. Britton to small portions of the land
whose interests are also represented nv
Messrs Bennett & Burke. 1t is a matter
for public congratulatlon that the land is