St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-01-22
A STRIP OF LsND.
A Railroad Fight Over Terms OF n
Lease--COurt Briefs.


The controversy between the Minneapo-
lis q st. Louis and Manitoba railroad over
the right to a single track road from the
middle of Sixth street north. between
Fourth and Fifth avenues, to River street,
came up yesterday for argument before
Judges LOchren, KoOn and Young i'm the
district court. The plaintiff company last
spring commenced action to quiet title TO a
strip of land fifteen feet wide, extending
through blocks 4, 81, IS and 50, Hoag's adj
dition, and blocks 9, 20 and 33. original
plot of Minneapolis. A temporary injunc-
ton. and George +. Hitchcock, Jr.. was
appointed referee, before whom the evil
dence was taken. The claim of the Mime
apoliS & st. Louis to the strip of land is by
virtue of agreement with the First division
of the ST. Paul 81 Pacific Railway company,
entered into Aug. %. 1874. by the terms of
which Samuel j. Jilden, George l.. Becker,
Horace Thompson and William G. Moor
head trustees of the st. Paul & Pacific,
under various mortgages of 1S64-6S. granted
TO the Minneapolis d ST. Louis TO build and
maintain single track railroad upon lands
of said First Division company in Minneap-
oils from the present point of junction of
the st. Louis road near Itasca street, west
wardly to the centre of Sixth street, where
the First Division cOmpany's tracks now
cross that street. The st. Louis company,
as further consideration for the lease. paid
the First Division company SIS, 065.07, and
made other minor agreements relative To
paying portion of track repair, etc.
The st. Louis company in turn conveyed
to the Pacific company the twelve-foot
strip necessary to increasing its right of
way to 100 feet width. In 1878 the Pacific
~ fai in no dc NJ
ceiver and the ST. Louis relinquished its
right of way as formerly granted by the Pa
cltic company in exchange for the right to
construct and
MAINTAIN FOREVER
single track upon the southerly fifteen
feet of the Pacific company's right of way.
between the center of Sixth street north
and the easterly line of block 8, Minneapo-
lis. The rights of the Pacific company
afterwards became the property of the
Manitoba company, which now denies the
right of the st. Louis company TO the per-
manent holding of the right in question, the
title to which plays part in the pending
suit.
The agreement was offered in evidence
yesterday. and the reading of testimony
taken before the referee of G. +. Hatch,
general manager of the st. Louis road. from
rs TO 81, +. w. Gaylord, master Of transport
alton and superintendent, =. Angst, chief
engineer. J. p. Farley, receiver of the st.
Paul d Pacific in 1873, as To the making of
the agreement and the attending circum-
stances was read. No evidence was offered
by the defendants.
The afternoon was taken up i'm hearing
the arguments. j. =. Springer, for the
Minneapolis & st. Louis. claimed that the
defendants had shown no reason why the
authority of Receiver Farley and the trus-
tees to make an agreement should
be questioned. Col. Benton, for the
Manitoba, disputed this, and said
the real question was as to whether a per-
petual grant had been given or only a IL
cense, which could be revoked. Judge
G. B. Young of st. Paul occupied the bal
ance of the afternoon in sustaining this latter
theory. The hearing will be resumed this
morning.
COURT BRIEFS.
Theodore Olson, middle-aged Swede,
was yesterday examined in the probate
court and committed to the asylum at
Rochester as insane.
Elmer H. Moses and Lois E. Townsend,
Joseph Dupont and Mary Hunar. Otto Meder
and Annie Froberg yesterday obtained mar
riage licenses.
an action against Frank l.. Croker to re-
cover 81, 124 for goods furnished.
John A. Weld sues Hattie Mcbride, alias
Anna Host, to recover $3.50 on promissOry
note.