St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-10-28
& Northwest American Mortgage Com

s.
duly sworn. says that he read the annexed
complaint In the above entitled scuon: that
he IS the husband of Mary NJ. Rogers, the
plaintiff therein;
That said deponent negotiated the loan of
$40, O0O made by the defendant corporation.
the London IL Northwest American Mort
gage Company, Limited. with named. and
that the saiu amount was paid to him per-
soraliy, for which he executed and delivered
to the said defendant corporation his said
promissory note and also delivered at the
time mentioned in said complaint the said
mortgage. executed by himself and his wife,
the said plaintiff;
That the said loan of money was made
solely to and for the use of said depOuent
aud the same wasused solely by him i'll his
business and for his benefit;
That the following described property in
said mortgage, situated in said Ramsey coun-
ty, to wit: All of blocks one D, two g..
three (3). six 10y, seven %, eight (S), nine
90, ten (l0): eleven uD, thirteen u3). four
teen QD, fifteen Q) aud sixteen (l") of &.
V. Bacon's addition to the city of st. Paul.
i'll Ramsey county, Minnesota. except that
she sold on or about Sept. II. 1897, lots eleven
I'D. twelve Q2), thirteen and fourteen "a
of block fourteen Q4) thereof. as set forth in
said com plaiut. was at the lime OF the date
an ! execution of the said mortgage. and had
been for more than two years lmmedia tely
prior thereto, owned and possessed solely
by the said plaintiff in fee simple, and that
ever since she has continued TO own and
possess, and still.owns and possesses the same,
solely and in fee simple:
That said plaintiff received no considera-
ton and derived no benefit from the giving
or execution of said mortgage, and never re-
ceived any part of the said loan or any BEN
eft or advantage therefrom; and in execut-
ing ana signing the said mortgage 1t was her
purpose and intention that the said property
should be- and the same was, in fact, only
and merely surety for the payment of said
loan and Indebtedness of said deponent;
That at the time of the execution and de-
livery of said mortgage The defendenr cor
poration was Informed by deponent that the
said property of said plaintiff was hec sole
property. and that the same was included in
said mortgage only and merely as surety for
the payment of said note and indebtedness
of SAID deponent, and that the said loan was
made to and for the sole use and benefit of
said deponent:
That the payment made on account of said
loan or note. and the release of part Of the
mortgaged premises set forth in said an
neXedicomplain are therein stated correctly
That GU the 18th day of June. 1892. in the
city of st. Paul, Minnesota. the said de-
ponent entered into an agreement with said
defendant corporation, acting by Almeric h
Pagent and Edward &. Hodgson, who were
then and there the agents and attorneys in
fact Of said defendant corporation. to ex'
tend the time of payment Of said note
or debt for one year from the maturity there
of. to wit: For one year from the LIST of No
ponent would presently pay the said de.
PENDANT corporation on account OF said note
or debt $4,000 of the principal and
800 interest being the interest thereon
from May l, 1892, aforesaid: and thai
thereupon the said agreement was reduced
to writing and executed on behalf of said
defendant corporation by said Almeric II.
Paget and Edward G. Hodgson, the agents
and attorneys in fact of said defendant cor
poration. and who had authority so to do
oil fn .donnpnnt. q
same time said deponent paid to said AL
merIc H. Paget and Edward q. Hodgson. the
agents and attorneys in fact. aforesaid, OF
said defendant corporation. the said sum OF
SIC. 600 on account OF principal and 500 on
account of interest, as the consideration
therefor in which said instrument of writ
ing and said written agreement or lnstru-
ment is the same set forth in said complaint
as Elk. d. and that the said money SO paid
thereon by said deponent was received by
and has been retained by said defendant
corporations;
That said agreement and extension last
mentioned of said time of payment was
made without the knowledge, authority OF
consent of said plaintiff. and in her absence;
That said agreement Exhibit b. was made
at the instance and request of said defend
ant corporation, and that at the time Of max
ing the said agreement or extension de-
ponent had abundant available means. and
believed that the residue or balance owing
OH the said note or debt could and would be
promptly discharged by himself at the time OF
payment thereof as extended. and did not feel
called on to inform the said plaintiff, and did
not inform her, of the said agreement for eX-
tension until long after the same was made.
That all other the allegations or facts
stated in said complaint are true Of his own
knowledge. EDWARD G. ROGERS.
Subscribed and sworn to before me on this
goth day of April, 1894. A E. HORN.
Notary Public, Ramsey County, Minnesota.
[Notarial Seal.]
Edward Used the Money.
AS will be seen by this affidavit. Mr..
Rogers swears to the truth of each and
all of the statements made by Mrs.
Rogers in her complaint. He admits
that he borrowed the money and that lie
used the same for his own purpose. He
admits that he procured an extension OF
time from his creditor and says that he
did it wholly OIL his own responsibility
and without the knowledge or consent
of his wife. 1t appears, however. from
the answer of the defendant mortgage
company which is on file in the Office of
the clerk of the circuit court of the
United States for the district of Mime
sofa. at st. Paul, that there is another
side to the question. From the state
ments made in this answer, it would APP
pear that there is considerable question
Rogers to Mrs. Rogers for $1,000 con-
sideration was bona fide one. There
also appears to be some doubt as to
whether it was the real intention Of the
parties that Mrs. Rogers should be the
actual real owner of the premises. The
answer also seems to Indicate that ii
may possibly be shown that Mr.. Rogers
has in fact used and treated the prop>
erty as his own property, and that when
the $4,000 loan was made the mortgage
company was not in fact informed of
Mrs. Rogers claim thereto. However
this may be, the cold facts seem TO be as
follows: Mr.. Rogers borrowed $4,000,
and presumably he did so because he
was in need of the money. He induced
the mortgage company to loan him this
5000 on the security OF the real estate
covered by the mortgage. and it is
hardly to be supposed that the mortgage
company or any other business men
would have loaued Mr.. Rogers or any
other person such sum of money
Had 1t Any Suspicion
that any question would ever arise from
the character of the security. Mr.. Rog.
ers admits that he had the money and
had used it for his own purposes, and
now he comes into court of justice adj
tuiltiiIS All tuiS. diu DuttiIS AimSCll VII
record by his own affidavit as attempt
to aid his wife in depriving his creditor
of the larger and more valuable portion
of this security for the payment of his
debt. II the business men of Ramsey
county are willing to assist this man to
obtain control of one of the most inn
portant offices in the gift of the
people, then it may be fairly
said that honesty and fair deal :
ing in business transactions count
for little. The Office of the clerk of the
district court is. next to that of judge of
the district court. probably the most I'M
porrant Office to be voted for at the
coming election. Ths clerk of the court
has in his hands and under his control
all of the litigation of Importance
brought IN the county. His control of
the records is absolute. and under the
law, as it at present exists, there is
hardly check that can be placed upon
him. The people must rely absolutely
and entirely on his integrity and honesty.