St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-07-20
The Title to a Valuable
Tract Of City Property
Finally Cleared.
Rock Island Railroad Gets
Ahead Of the Union Pa
cific Railroad.
The Omaha Republican and
the N. w. Press Associa-
ton Franchise.
Other Important Decisions Of
the United States Circuit
Court Of Appeals.

The United States circuit court of APP
peals yesterday handed down the fol-
lowing important decision:,
John P. Dunn and others, appellants,
VS.. Augustus K. Barnum and others.
From the circuit court of the state of
minnesota. The opinion of the court
was written by Judge Caldwell, and
suStains the decision of the court below.
The effect of this decision is that the
title to real estate worth S1.000,000 re-
mains in the present OccnpierS. This
land is located between Rice street and
University avenue on two sides, and
Thomas and Western streets OH the
other two sides, and comprises forty
acres of land that has been divided into
Rice IL Irvines, Robertson IL Van Ell
ton S, W arren d Rice, Chambers, and
0Ohnson's additions.
A. X. Barnum and great many
others who owned the lots in this terri
tory began an action to remove cloud
upon their title. The court below found
for Barnum and his co-plantlffs and
the appellate court sustains this decis-
ion. This land is part of attract located
by Peter Poncian, upon military war
rant III 1850. That same year POncian
sold his land, except twenty acres, to
Antoine Pepin for $3.50. In March. of
1850, Pepin sold part of the land to A.
Il. French for 500. On January 5, 1851,
French conveyed the land to l.. c. Ell
felt and Charles ID. Elicit, for sad
dlery and harness shop, worth $500. The
lands then descended until il became
occupied and improved by the present
lot owners, and it is found to be worth
100000 OF S1,0O0,000. The land was re-
served, originally, by the government
for school purposes, which made the
entry by Poncian void. Congress. how
ever. removed this defect by setting
aside other lands for school purposes
and authorizing patent to be ISIS ued TO
Honcian for the land lie had entered.
This patent was issued in 1855, or five
years after the entry.
A. X. French, who received a war
ranty deed, and held the land in 1851.
conceived the idea, after the patent was
issued to Poncian. that he had title to
the lands. Notwithstanding the fact that
he had made contract to sell the lands
to the Elfelts and had given them quit
claim deed. so in 1856 he again con-
yeEed the land to Pierce p. Furber for
300. He did not see Furber,- but the
sale was affected by man named
Gibbs, who knew that French had sold
to the Elfelts before. This sale was for
500, although the lands then were worth
soO,OO0. In June 1856 Furber sold the
lands to John p. Dunn for $50. although
they were then worth $4,000. In his
opinion Judge Caldwell says that the
original entry by Poncian was void, yet
it was cured by the act of congress, sub
sequently, giving him e patent thereto
and reinstating him. Furber and Dunn
were not purchasers, in good faith.
They know of the former sales of the
lands. The purpose of Gibbs was to
defraud the Elfelts and the defendants
are held never to have had title to the
lands. Judge Caldwell uses vigorous
language in his opinion. in which he
says that it is apparent that man in
this age cannot procure land worth
$4,000 or $4,000 for 500 or $50 without
exciting grounds for suspicion as to
good faith. The effect of the convey
ances of French to Furber and of Fur
Der to Dunn was a mere pepper corn
consideration as compared to the real
value of the land. The deed of French
to Furber was mere quit claim and
Fan not be considered as based on
claim to be bona fide purchase without
notice of defect of title. AS the defend
ants never had title to lose by lacbes.
1t is needless to consider this branch of
the subject