Telegram-herald., 1890-08-10
IALUABLELANDSUlT
CLANS TO HAVE BEEN DEFRAuDED
Norris g. Dodge Nants the superior
Court 10 Rsturn 10 iEa Ten Acres of
slty fropsrss-he sass Nelson W.
Nerthaop Has Not Acted fairis.

perof court Yesterday afternoon an
which nearly S50.oo0 IN real estate Is
involved. Dodge makes several sensa-
tiOnal aftirnlatlons and asks that Nor
throp be compelled 10 make over 10
him The title ~ large tract OF proper
~ which he claims was irregulArly dis
posed Of under mortgage foreclosure.
Tie bill states that Ia 1853 George C..
Anthm owned ten acres of land which
he conveyed by warranty deed 10
John ". Taylor and George Y. French.
The purchase price was $1,000, and Tay-
lor and French gave seven pronnssory
nC ses bearing 10 per cent. interest ia
payment. Mortgages were gwen on
this land and two other parcels IN the
township Of Plainteld as security for
the notes.
On July IS Anthim sold the notes 10
Nelson w. Northrop. of TINS city, FOR
10000, and ~ October OF the same year
complainant purchased OF Taylor and
French tor = consideration OF 5000, the
ten acres of land on which there was
claimed 10 be lien OF S7i95.s0. The
complainant alleges that IN 1850 North
rop sold portion of the land to Mary
j. Cullen Tor $40 after first releasing
the lien. He says this amount should
have been applied as part payment on
the morlgag, 5, but was not.
The complainant further shows that
the premises consist OF ten acres front
ing on East-st, and 50 rods on Fifth
ave. When the mortgage was gwen a
large frame hotel and several outbuild-
ings were located on the land. These
were turned over 10 NorthrOD with the
privilege Of receiving and taking the
rents and profits a. an agent for the
complainant. It's alleged that nc as
sumed such control and has since en-
joyed the whole rents and prohIs.
The bill further recites that on
August %, 1888, Northrop filed bill Of
complaint against John W. Taylor,
GeOge Y. French, Amelia II. Dodge
and Jane Cullen as defendants. for the
purpose OF foreclosIng the mortgage and
on September %. 1881, the circuit court
commissioner computed the amount
due to be S56i6.32, winch result was
based on the securities and testimony
of NorthrOD. On the same day 4 de-
cree Of foreclosure was entered and on
November :, 1854, the premises were
sold to NorthrOp. who bid the sum of
$i200 and received deed thereof.
On October %, 1887, Northrop plated
the said ten acres and 1t became known
as ''NOrthrOp's fourth addition 10 the
city OF Grand Rapids" and contained
fitty-six lots. lie says that Northror
has sold number OF the lots AZ from
$500 TO $3.50 each. lie also claims tina,
when ne purchased the premises OF
Taylor and French, Northrop knew
all the circumstances and was
really a party 10 all the negOt-
atons whereby the sale MAS
effected. He knew Taylor had made a
failure Of keeping the Antbm House
! and that they we're heavily involved
and unable 10 make further payments
on the mortgage. and that they were
simply Incompetent business men; also
! that NOrthrOp knew that complainant
was not pecuniarily embarrassed fOl
ready money wncn nc turned the prop
erty over TO Northrop. He saws u was
agreed between them that NorihroI
/ should have control OF the property fo'
Complainant. lie was To collect al
1 on the mortgages.
/ II Is also alleged that in pursuance OF
/ a fraudulent scheme NOrtArop began
/ the foreclosure OF the mortgages OF
/ August, 1883, without giving complain
! ant notice, and he did not learn OF u
until after the premises were sold
/ Dodge, therefore, alleges that the prop
/ erty was worth S25. 900 when sold. and
/ is now valued 1t much more than tha
sum. lie claims that the proceeding
were illegal, null and yoid becaus'
the foreclosure proceedings were
Instituted and carried on ir
fraud and dishonesty practced b,
Northrup for the purpose OF cheating
/ him. lie also says that NorthrOp, foI
the purpose of deterring bidders end
preventing a fair sale. wlllfuiiy CAV,
false testimony upon the taking O
I proofs n tIe said cause respecting the
number and amounts Of payment
/ made ON the notes and mortgages.
! He further saws that NortnrOD. ID
! pursuance OF a fraudulent scheme anC
purpose % defraud him and 10 secure
Tor himself the land, after having re
I ceived the whole or greater part OF th'
1 mortgage debt. published the notice o.
( sale ln the saturday ErfeIpq Ioa,
/ paper having no actual circulation D.
F Grand Rapids OF elsewhere. u va
( wholly ophcmersl and practically non
existent. and Of no use whatever iI
5 giving notice to the pubic C. As a fur
/ ther means Of preventing a far sale, 5
1 i claimed be procured the same 80 h
sold in ono parcel and augmented tui
/ amouut due on the MORTGAGES. know
ing full well that hdd ers would sci
that they woald lose money ln buynl
! H. the property.
The complainant asks the court q
. compel N0rihrop 10 account 20 hlm f.
All thc money hc has received Tor a.
sale Of lots. rental for the property au'
otncrw e.. and th8t the court dffeTm. .n
II there is anything due o1 the mort
cages IIe wants the balance. affr
everything IS paid. turned ovsr to hn
free from all eucumiTarces.