St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-12-22
AGAIN THE NELL CASE.
Judge Smiths Partner and Two
Other LAWYERS Begin Suits.

other LAWYERS Begin Suits.
Two more suits have been begun In
the Nell case which will add still more
complications to the already over-com-
plicated affair. 1t is a part of the same
old story about Mrs. Nell's fortune. the
way she lost her property, how she tried
to get it back again and how the matter
now stands. 1t will be remembered
that last Monday suit was begun by
Henry r. Higgins against the es-
tate of Mrs. Nell to recover GER
tain fees for services performed
by Attorneys Atwater, Hill and Law
renee. who transferred their claims to
Higgins. The proceedings at that time
included several nocturnal expeditions
made by attorneys in the case, the filing
of various bonds for attachment and
discharging attachment. Everything
Quoted down, and yesterday the two
latest suits were begun, in which Samp-
son A. Reed. j. B. Atwater and Samuel
Hill are plaintiffs, and w. b. Suttle,
The Manchester Savings bank, of Man
chester, n. H.. and Sheriff j. Il. Eye
are defendants.
). A. Reed is, or was, the
law partner of Seagrove Smith. They
were Mrs. Nell's lawyers and have
bill against her for $4,000 which they
cannot collect. They want to yet it out
of certain land. This land is the same
tract which was decided to May l. Day
ton, wife of Lyman G. Dayton, son of
Mrs. Nell. Mrs. Nell sued her son and
his wife to have the deed set aside on
the ground that it was made under in
timidatiOn and that it was not signed by
Michael Nell, her hired man, 20 whom
she claims she was married at that time.
The district court declared the deed
null and void and the case was appealed
to the supreme court, where 1t is still
pending,
Before the deed was set aside Lyman
G. DAYTON and his wife mOrtgaged the
land to one Marshall Wilder for $4,000.
They defaulted OH the interest and the
land was sold by the sheriff in Marcn,
1885. In order to redeem this land Day
ton and his wife and Mrs. Nell COM
bned and executed joint mortgage in
March. 1856, on the land to Elwood 5.
COrser for Sl6.0U0. With this sum the
property was redeemed from Wilder:
The Daytons and Mrs. Nell defaulted
land was again sold under foreclosure
proceedings, this time for S4O,-
QUO, to Ogden T. futile. He as
signed alt his rights and titles to the
Manchester Savings bank. No redemp-
ton by the Daytons. nor by Mrs. Nell,
was ever made or offered. Now AttOr-
ney Reed charges that on the 10th OF
December of this year, the Manchester
Savings bank conspired with one Will
| lam B. futile to prevent redemption OF
this property. 1t is alleged that the
bank made a pretended assignment
of its rights and titles in the land
to futile, but that the bank was
to receive any money or prOhts
that might accrue from the lands.
All these different foreclosure sales
mere made on two mortgages, one on
the east half of the property in question,
and the other on the west half, for even
amounts. Reed alleges that on Dec. IA,
1888, the day of the last sale, he filed a
claim of $4,000 for services performed
by Smith and himself, against the prop
erty and also filed notice of Intention
to redeem. He asserts that he has sew
eral times rendered to the Manchester
Savings bank and to Sheriff Eye
the sum of S21 800, for the
redemptionof the east half Of the prop
erty. His offers have always been re-
fused. He now asks Judgment OF the
court to be allowed to redeem the land
for the stated sum of $4,000.
j. B. Atwater and Samuel Hill have
begun suit against the same parties on
the same grounds for the redemption of
the west half of the property. Their
bill is for S3.315. The land is now worth
considerably over $4,000.