Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1892-06-17

(S), OF block twenty-three (23); 10
two (2), three (3) and four az,
e block twenty eight (2S); lot two g
OF block thirty-three (33); lot six (G
of block forty (45); lots one Il
and two (2), of block seventy-fiy
(75); lot CO., OF block seventy-six (76
: lots five (5), six Co. and seven (0,
: block eighty-seven (S7);lot one Q,c
, block one hundred and four (104); 10
, two (2), of block one hundred an
five Q05); and north one-half OF 10
I four az, OF block seventeen (D, al
, being in the village of Little Falls
county of Morrison, state aforesaid
according to the plat and survey O
S. NJ. Putnam heretofore mentioned
and also that part Of lot No. one Q)
section eighteen (1S), township fort,
(4O), range thirty (32), not in
cluded in the aforesaid plated por
ton OF the village Of Little Falls, ac
cording to the plat and survey there
of by S. NJ. Putnam, and also all that
part of lot one QD, Of section eight
(S), township forty (40), rage thirty
two (32), which is not included in the
plated portion of the village OF Lit
tie Falls, according to the plat and
survey thereof aforesaid.
That defendants, Bullen and May.
hew have not nor had they or either
of them at the time of the commence
ment of this action any right, title,
or interest in or lien upon, any of the
real estate above described except as
stockholders in the defendant, Little
Falls Manufac turing company.
That the defendant, the Little
Falls Manufacturing company is and
was at the time of the commence
ment of this action Il corporation
duly organized and created by vir-
tue of an act Of the Legislature OF the
state of Minnesota, entitled an act to
incorporate the Little Falls Manu-
featuring company approved March
first, 1856, that thereafter and on the
9th day of August 1856 said corpora
ton was duly organized under said
act.
That on the second Monday of
August, 1851, at Little Falls, Mime
sofa, there was held the annual
meeting of the stockholders of said
company, at which the following
named persons were duly elected di-
rectors of said company, viz: Ruben
TOmlinson, Josiah Thompson, Jr.,
Milburne G.Thompson, George Thay-
er and Sauel r. Thaycr. That no
person was present at said meeting
but the said Samuel r. Thayer, who
held proxies from Reuben Tomlinson.
Josiah Thompson, Jr., Milbourne, q.
Thompson and George Thaycr. Stock
holders OF said company. That there
We're cast at said meeting, one hun
dred and fifty votes for said directors
and none in opposition.
That said person SO elected contin-
ued to act as the board of directors
of said company, till the next annual
without objection on the
part of any of the other stockholders
of said company.
That Immediately after the 1881
meeting aforesaid said direct
ors duly elected said Samuel r. Thay-
er, president and said Tomlinson, sec
retary, who continued to act as such
president and secretary until after
the next annual meeting of said
That on the / lth day OF July 1882,
there was executed by said Lit
tie Falls Manufacturing company,
a quit-claim deed signed by the
said Thayer as president and said
Tomlison as secretay OF the property
described in the complaint, to Will
liam H. Eustis as grantee. That the
consideration expressed in said deed
was tho sum of $500.
That on the same day and for the
same expressed consideration, the said
Eustis by quit-claim deed conveyed said
lands to said Samuel R Thayer.
That said Eustis paid no considera-
ton for the deed from said Company to
him nor did any consideration pass from
the said Thayer to the said Eustis for
the said deed from Eustis to Thayer.
That at the time of the making of
said deeds the same we're made for the
purpose of conpensating said Thayer
for services and expenses performed
and expended on behalf of said compa-
ny.
That said conveyances were duly
authorized, ratified and confirmed by
the Board of Directors of sale: company
and at the time of said conveyances it
was believed by said Directors that the
interest of said company in the real es-
tate so conveyed was merely nominal
and find fact that the market value
Of the iuteres of said company at said
times in said real estate namely nominl
and that nothing could have been realiz-
ed out of said property by said company
without large expenditure of money
in clearing up supposed adverse d title,
which were uncertain. That said c0mpa-
ny was without funds or property so to
Go and the interest of said company
so conveyed was practically of little or
no value to said company at the time
of said conveyance.
That the said company had paid no
taxes on said property for more than
twenty years and the same had been re-
peatedly sold for taxes and tax titles
acquired thereon and the same had been
repeatedly sold at execution sales, un-
der execution against said Company as
appeared the records in the Office of the
Register of Deeds in said county and
said company had abandonedsaid prop
erty under said execution and tax sales.
and said Bullen and Mayhem had no in
tenti0n of asserting any claim there tc
on behalf of themselves er said compa'
ny until long after the same had come
into the possession of the plaintive here
in and he had, at large expense, cleared
Eup the title to portion thereof.
I That the several conveyances from
said Thayer to the plaintiff mentioned
i in the answer herein. were duly made