St. Paul daily globe., 1891-05-01
A REAL ESTATE JOG
Calls a Meeting Of Property
Holders to Consider
Their Defense.
Sixteen Blocks of Thirty Lots
Each Affected by q Re-
cent Suit.
Interest in the Sayford House
Of Hope Meetings Is
Unabated.
Prof. De Guerville Tells of
How the Worlds Fair
May Be.

The relocation of sixteen blocks of
thirty lots each and the consequent re-
moval of business houses, dwellings,
fences, shade trees, etc, was the sub
Ject of grave consideration by body of
property owners and lawyers assembled
last night at the residence of E.
V. Smalley, G33 Holly avenue.
The discussion of the project was
not entirely voluntary one
but grew ont of the decision of jury
IN the suit of Mrs. Sawyer against E. Y.
Smalley, in which she was given a ver-
dict for a strip of three feet of the lot of
Mr.. Smalley, fronting on Holly avenue.
and running back 40 feet to the rear of
the lot. This strip takes I'D three large
and beautiful shade trees. in which Mr..
Smalley has formerly taken pride in
not alone affect Mr.. Smalley, but the
principle on which it is decided
also affects the owners of about $50
lots, OF probably the greater number
Of persons because in SOme instances
the ownership is divided. On many of
the lots are erected business blocks and
valuable residences i'll select portion
Of st. Anthony hill. The property is
bounded by Dale street on one side and
extends across st. Aibans to Grotto on
the other side. The one end is Marshall
avenue and it extends across Dayton,
Selby, Hague, Laurel. Ashland, Holly
and Portland avenues to Summit. The
cause of the whole trouble grows out of
the location of Dale street in 1859. Dale
street was a government section line,
and the width of the street was twenty
seven feet until less than three years
ago. when 1t was Widened 10 thirty feet
by the city. from Marshall avenue to
Summit. This took three feet off the
front of the property owners along Dale
street. Mrs. Sawyer, who lives at the
corner of Dale street and Holly avenue,
did not want TO lose the three feet, and
she concluded TO take a slice off the lot
pr her next neighbOr, who happened to
pc Mr.. Smalley; She began an ac-
tlOn in the district court. The case
was tried before Judge Kerr and a jury,
and the verdict OF the jury gave Mrs.
Sawyer the three-f0ot strip.
The meeting last night embraced over
fifty of the same 500 property owners,
and the situation in which they were
placed was discussed. Judge Locke
stated that the trial had was not final:
that new trial can be had by paying
the costs of the former one, as the laws
of the state provide that two trials
may be had where the title
10 real estate is in controversy.
On the new trial evidence as to the
proper location of Dale street may be
presented as we'll as the right of the
city to widen the street. 1t was said
that, If the property owners along Dale
street are entitled to recover the three
feet from their next neighbOrS, they in
turn would have the same right against
their next neighborS and so across to
t'rotto street. along the line be-
tween Marshall and Summit ave-
nueS. After considerable discussion
Of the several phases of the
general subject matter, including the
inconvenience resulting from a prob
able removal of buildings and changing
the dividing lines between the lots, il
was determined that the property own
erS would stand together and unite with
Mr. Smalley in defending the common
interests if, after investigation by
committee, such a course should be
deemed best. Mr.. Smalley, as chair
man OF last nights meeting. appointed
q. X. Lewis, E. P. Penniman, w. T.
Purdy, w. f. MorritZ, A. H. Foster,
). {. Shandrew and G. E. Reich as
committee to fully investigate the
subject matter and determine what is
the best course for the interested par
IleS 10 pursue. 1nlS committee was in
structed by resolution to investigate the
whole question involved by the claim of
the city to the line of Dale street, and
to report at Il meeting to be called in
The near future. The investigation will
Include an inquiry into the advisability
of petitioning council to grant relief, as
well as the adyisability of asking the re-
location of the dividing lines of the lots
under survey by the city engineer or
such other engineer as may be author
lied to act.