St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-05-30
SMACKS OF ROMANCE
Additional Light Thrown On
the Transfer Prop
erty Suit.
The Opinion Of a Leading
Realty Lawyer on
the Case.
Rev. Thomas MeClaPy Takes
a Whirl at the Col
ored Question.
An Indignant Citizen Pro-
tests Against Sunday
LaWlessneSs.

ton. in point of the magnitude OF the
property interests at stake, was begun
in the United States circuit court Sat
urday. The title to the i60-acre tract
lying Just north of University avenue
and including the Minnesota Transfer is
involved.
There is tincture of romance in the
narrative that runs through the COM
plant. An American soldier, whose
name is not related, had been presented
with one of those Mexican land grants,
warranting to him $50 acres of govern
ment land, not previously occupied, Ill
part reQuital for his services during the
Mexican war. AfterWard, he was
killed in the Indian war, and
this land grant passed to his
widow, who survived him. About
the year 1850, the widow, for eonsld-
GRAFTON, transferred the grant to one n.
C.. d. Taylor. who straightway came TO
Minnesota and located the tract OF 100
acres in question in the suit just
brought. He complied fully with the
legal obligations on the premises, and
the government issued to him patent
for the same; and it should be explained
that this patent is clearly of record i'll
the landsOtfice of the district and ap-
pears 10 be perfectly regular.
A MIR. Tatum.
Mr.. Taylor subsequently transferred
the property to c. D. Gillian, and then
followed numerous transfers to divers
parties, until the title in fee passed to
Mr.. Tatum, of Cincinnati. The latter,
prior to his decease, disposed of large
portion of the tract TO. various parties
now residents of the city, and they III turn
have made many sales and transfers,
until the matter Of tracing the abstracts
has become quite complicated, but an
abstract, it is understood, has been
made since it became evident to the
Tatum heirs that litigation was i'm.
mnent. That the suit was to be
brought became known some weeks
since, and the Tatrum heirs at once re-
tanned MeSsrS Davis. Severance Il KEEL
logg to defend the title against the
claims of the parties who have brought
the suit. The Tatrum heirs still own
large amount Of the lands involved,
prehenSion that may be felt
by the present occupants of the
land in dispute, it should be recited that
the Tatum heirs are very wealthy and
perfectly responsible. and hence there
is not the slightest occasion for alarm
on their part. The title to the property
must be defended by them. as they gave
warranty deeds with each transfer, and
these deeds are good and sufficient Sc
eurity to the present owners despite
the claims that have just been set up.
Loom Into Millions.
To return to the property, or the de:
scription of it, 1t should be explained
that its value at the present time mounts
up into the millions. Indeed, the land
itself. without the improvements, is
worth s., 900. 900. Toestimate the value
of the improvements is task that no
one feels like undertaking, at least i'll a
cursory way. 1t would prove a recon-
dite problem. Suffice it to say that the
entire transfer yards, the elevator, all
those residences in Midway Heights,
and the surrounding territory north of
University avenue are included In the
litigation. Tbs Great Northern tracks
and right Of way are also involved IN
the suit.
The claim which forms the basis of
the suit at law is very peculiar. 1t is re-
lated in the complaint that the widow
of the soldier mad not the right to
dispose of the entire land warrant under
which Mr.. Taylor secured his patent to
the property. In other words, it is set
I'D that she was only entitled to dispose
of the widows third" so-called.
Hence, it is alleged, the heirs of the de-
ceased soldier we're defrauded OF
Their Heritage.
1t is upon this ground that the action
is brought. Of course, there is no record
that the heirs now bringing suit to re-
cover ever were in any wise interested
in the 160 acres in dispute. 1t is appar-
emf, however, that the land grant once
belonged to the widow of the soldier.
and should the heirs make out case in
so far as to prove that the widow eX-,
ceeded her right in the premises, it is
said to be question whether or not the
heirs can recover the property located
| by Mr.. Taylor, and to whom the United
States government issued the patent.
When originally located the property
was of nominal value, comparatively
| speaking, and it is since then that it has
become valuable.
Were it not for the fact that the
| plaintiffs have retained attorneys of re-
pute, namely, MeSsrS. Bum d LuSk
| and Mr.. Bramhall, the whole thing
would present the aspect of a mere
speculative transaction, but as athese
| gentlemen have undertaken to recover
| the property to the heirs of the Mexican
| soldier. it has the phase of sincerity.
| So commented a prominent lawyer to a.
| GLOBE reporter yesterday when asked
| for an opinion in the matter.
The Widows Right.
1t is understood that the attorneys for
the defense have not yet fully digested
| the complaint, and have not, therefore,
decided upon the line of defense that
will be pursued. A lawyer that has had
| considerable experience in realty ltiga-
lions, but who asked that his name be
| not mentioned in connection with the
case at issue, gave the opinion that the
| defense will probably set up that the
| plaintiffs have been guilty of inexcus-
| able laches, and, moreover, that the
| land warrant sold to Mr.. Taylor was
| personal property and not real, and that
| the widow therefore did have the right
| to dispose of it.
| The action is brought against all the
| present occupants of the property. This
brings in several hundreds as defend
ants. but the suit will be fought direct
by the TatUm heirs. They warranted
the title to their assigns, and will, con-
seuuently, protect them in their posses
| sion. A great many of the defendants
| are poor men, who have made the little
| portion of the tract that they purchased
their homes, and it would work great
hardships were the conditions different,
for they could i'll afford to defend
although they were successful in the
end. Developments will be awaited
with great interest.
The California, Seventh and Cedar,
Will post Full Bulletins from the Re-
publican national convention at Mime
apolis, frcm June until its end.