St. Paul daily globe., 1888-08-11
CLAIM FERGUS FALLS
One Of the Objects Of Sen
.ator Davis Recent
Visit Here.
Suit Brought by Widow Head
Against the. Cutler
Estate.
Upwards of a Quarter Of a
Million Dollars Are
Involved.
Rich Pickings in Prospect for
an Array of Eminent
Lawyers.

Senator Davis was doing in st. Paul
the last few days, but the object
of his visit has at last come
to light. A telegram was received
by an attorney Of this city yes
terday stating that Frank Kellogg, of
the law firm of Davis, Kellogg d Sever
ance, was in Fergus Falls and had filed
the papers in big land suit
which involved most of the
townsite of Fergus Falls. 1t
was rather meagre in details, and
simply stated that the widow and heirs
of George Head had begun suit against
Mr.. Cutler for the recovery Of all the
land which Head had purchased and
plated in Cutters name, and that the
property involved included the finest
business aud residence property in
Fergus, and was worth all of $500, GOO.
The story as set forth in bill of COM
plaint was as follows:
In 1870 George Head left his home in
the. East and
WENT TO FERGUS FALLS.
His brother-in-law, Morris ID. Cutler,
of Waukesha. Wis, had money, but
Head was poor. Head was enterpris
ing, however, and had faith in the future
of Fergus Falls real estate. He succeed
ed IN obtaining a few thousand dollars
from Cutler. the latter letting HIM have
the money on condition that Head
should put the title to all the property
he bought in Cutters name. This was
all the security required, and Head
went up on the Red river and
bought several hundred acres ad-
joining the original town site of
Fergus Falls. This property he
Third, Fourth, Fifth and Sixth addi-
tions. Two additions, through which
Vine, Union and Oak avenues run,
touch the water of Lake Alice, and it is
here that the residence property is To-
Gated. The other property is along
Hampden, Vernon, Vasa, Junius and
Bismarck avenues, crossed by Sherman.
Sheridan and Whitford streets.
Head subsequently acquired other
real estate, the title to which he had
also put in Cutters name, and, in fact.
he did all his business in Cutters name
until he died in October, 1888. At that
time the property belonging to Head,
but allln Cutters name, was worth be-
tween two and three hundred thousand
dollars.
Head left no children. but his widow
survived him and now lives east of the
city
ACROSS THE RED RIVER.
A brother. Jonathan Head, of Mitch
ell, OAK, and sister, also then in Da
kota, survived him, but the sister, who
had six children, has since died. G. ID.
Wright, the banker, is the adminiStra-
tor of Heads estate.
Since Heads death Cutler has decided
some property to Mrs. Head, and has
paid her various sums of money in in
stallments, amounting to between 5000
and $4,000.
A great deal of the property in the
six additions referred to was sold by
Head during his life, Cutler signing the
deeds, and the proceeds of these sales
were again invested. but in the very
heart of the city, taking in all
the fine business property and
brick blocks along Lincoln avenue,
the main thoroughfare. This prop
erty was also recorded in Cutters
name.
In 1886, to further complicate matters,
Cutler assigned all the land he, had in
Fergus to his brother, James B. Cutler,
of Iowa.
The action is brought by Sophia R.
Head, the widow: Jonathan Head, who
represents his own and his sisters i'll
terestS. her children having all assigned
to him, and c. ID. Wright. the admins
traitor. Morris ID. Cutler, who is a
widower, and James B. Cutler and
wife are made the defendants.
| Davis, Severance & Kellogg, of
| this city; Charles c. Haupt and
| other prominent lawyers of Fergus
Falls
WILL PROSECUTE THE CLAIM.
The ground Of complaint is that the
| original conveyance by Head to Cutler
| was mortgage, merely in the shape of
security for the money obtained to in
vast, and the plaintiffs ask for accounting
and settlement, and that the Cutters be
compelled to turn over all the property,
| and to give an account of all rents and
| other income derived from the estate
| The Cutters have been expecting the
| suit for some time, and have retained
| Hon. John w. Mason, of Fergus Falls.
| There are about 200 acres altogether,
and the income from rentals
paid by the business property
Oh the north side of the river are enor-
nous. The railroads run through the
estate, and the depot. near Lake Alice,
is located upon it. No claim is held,
however, against the railroads, or other
owners who have acquired titles to land
in the original Head estate.