The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1892-05-06
THE MARSH CASE.
The Preliminary Examination of Chas.
NJ. Marsh Begun.

The hearing in the Chas. NJ
Marsh case was begun in the munlc-
lpal courtSaturday forenoon, but it was
found to be impossible to complete it
before Monday, owing to the fact that
necessary papers were not present,
which were demanded by the de-
Tense.
Joseph HoYorka, register of deeds
OF ScottScountY, was the first witness
called. He brought with him two
deeds of records, which he produced,
showing that mortgage was re-
corded given by Chas. M. Marsh,
Alice A. Marsh and Pevf1eld A. Fos-
ter, to Thos. j. Thomas, given March
10th, 1889, upon the n. e. I, Sec. 81,
1925, Scott county, for 81 900, due in
one year from date, with ten per
cent. interest. This was recorded
March 22nd, 1889. In another book
was found an assignment of this
mortgage given by Thos. J. Thomas
to Thos. o. Jones, for $1,000, dated
November 25th, 1891, recorded April
10th, 1892. A release was also found,
certified by Tho. J. Thomas, of the
mortgage upon one-half of the land
described. This was filed for record
June 10th, 1891. 1t was agreed that
he should mail to the court any cor
respondence with Mr.. Smith con-
corning the incumbrance upon the
unreleased so acres, to be offered in
evidence upon its arrival Monday.
Frank Clague, an attorney of Lam
berton, formerly of Mankato, was
sworn. He was in Pau & Young's
office when in this city and testified
to the drawing Of the deed, and in
the course of conversation, the de-
PENDANT stated that there was an in
cumbrance of $500 upon this land,
that there had formerly been mort
gage for 81 900, but that he had paid
$500 of it. Writing made by Smith at
Kilkenny, as an agreement, and read
by sections was identified by the wit
ness, who was present with Mrs.
Smith and G. M. Marsh The latter
said that there was an incumbrance
of $500 upon the 80 acres in question.
This was shortly before 1 drew the
deed for the land and the statement
was made in connection with the
transaction. The Duffy judgment of
1920 was one of the considerations of
this deed.
An adjournment was here taken for
dinner.
The cross examination of Mr.. Clague
was continued when the court con-
vened after dinner. There was talk
that school land certificate should
be given as additional security for a
note given by G. M. Marsh to Mrs.
Smith, drawn up about this time, for
the payment of the Duffy judgment.
The contract was also given as collat-
eral security for this note, at about
the same time. The contract was of
fered in evidence by the defense. Mr..
Clogue stated that in this contract,
which he prepared, the deed was Civ
en- as collateral security for the note.
There was also clause whereby upon
payment of the note the land was to
be re-conveyed. Mr. Marsh did not say
that there was 81 ZOO mortgage upon
the 80 acres and the So acres. Do not
think that Mr.. Marsh said that he
had had the mortgage released from
the S0-acre tract and put upon the SO
acre tract. Marsh was very emphat-
ic in the statement that $500 of the
mortgage had been paid and transfer
red the 53-acre tract as additional Sc
curity, not saying at that time that
this was mortgaged.
The deed is a warranty deed, but
conveys the fright, title and interest
of Mr.. Mash ct al, and is in that re-
spect quit-claim deed.
y