St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-05-22
THE BIG LAND SUIT.
King.Remington Case Argued i'm the
Supreme Court

Supreme Court.
In the supreme court yesterday was be-
gun the hearing of the famous King Rem
ington suit, which in point of property in
volved is one of the largest in the history of
the court. The parties in the case are:
William S. King, respondent, VS.. Philo
Remington, Caroline A. Remington, Rob-
ert S. Innes. Louis f. Menage
and Amanda A. Menage. appellants.
= The magnitude of the interests involved,
exceeding round million in value. has
drawn into the case on either side quite an
array of eminent counsel, most of whom
were present at the opening of the hearing
peared E. NJ. Wilson, John B. Atwater,
II. G. o. Morrison. Hon. N. B. Bryant of
Boston. and Hon. John Van Voorhis of
New York, while Judge J. M. Shaw, A.
l.. Levi, Julius E. Thorne. Hon. Francis
Herman Of New York, Hon. Gordon E.
Cole and eX-Gov Davis of st. Paul APP
peared for the appellants. The hearing
will occupy two more days, quite num-
Der of the arguments being submitted
orally.
The case was opened by Judge Shaw of
Minneapolis, who gave state
ment of it, containing the following
principal points in the development of the
case. In the spring of 1875, William S.
King was the owner of considerable tracts
OF land near Minneapolis and was always
financially embarrassed to the extent of
$500. 900 or more. a large part of which
consisted Of membranes on his property.
Accordingly he asked of Philo Remington
extensive loans, which he obtained, and,
with his wife, made to Remington absolute
conveyances of the lands involved, which
were duly recorded. At the same time
contract of defeasance was signed, but
never recorded, making the conveyance
to Remington in trust only. This
was in June, 1875. In July,
1875. nearly all the lands of w. S. King
were sold for taxes and were redeemed by
Remington year later. Nov. Z, 1877,
King was adjudged a bankrupt and j. G.
whitney made assignee. April 6, 1878. the
assignee sold the lands of William S. King
in question at public vendue to PhiIo Rem
1ngton, subject to incNmbranceS and the
conveyance was duly made and recorded.
The case is complicated in variety of ways,
but the above are the principal points.
I,nes is brought into the case through be-
ing the agent of Remington, who resides at
fiion, n. Y, and Menage as purchaser of
,osga tracts of the lands from Remington.
THE COUNSEL SHOWS
also that the suit is brought to have the
original transaction of 1875 declared
trust; TO establish an agreement among
Remington, lines and King that Innes
should buy at the assignee's sale the prop
erty there sold in the name and with the
money Of Philo Remington, and the latter
should continue to hold it under the same
terms and conditions as before the date of
Kings bankruptcy, showing also IN this
connection the subsequent recognition of
the trust, as well as past performance by
King. by procuring railway to be built
through said lands; an accounting between
the parties to the alleged trust, etc.
Among the legal points in the case the
Judge tried to stamp the original transac-
ton OF, 1875 as mortgage in legal effect.
Kings subsequent bankruptcy dissolved the
relations between him and Remington and
the purchase by the latter at the sale of the
assignee operated as foreclosure of the
mortgage, and vested in Remington legal
right to the lands in question. The finding
that the parol contract alleged to have been
made prior to the bankrupt sale of these
lands, whereby It was claimed that Rem
ington was to buy them and hold them in
the same manner and for the same
uses he had before said bankruptcy.
was not supported by the evidence,
and that the contract, if made,
was void under the statute of uses and
trusts, and this contract was also void be-
cause a fraud on Kings creditors, and on
the bankrupt court, and therefore contrary
to public policy.
Hon. Gordon e. Cole followed, pursuing
partially the same lire of argument. and
the court adjourned until Monday, which,
with the day following. will be devoted to
this case.
The case is generally familiar to the
public. IL was in the Hennepin county dis
trct court, the trial occupying many DAYS.
1t was decided favorably to King, and ON a
motion for new trial is before the supreme
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