St. Paul daily globe., 1896-04-16
BRUNSWICK HOUSE TRANSFER.
Case of KittsOn Against Christian
on Trial.


Judge Willis is hearing the suit of Hercules
L. Kittson against Charles E. Christian and
his wife, Annie This is an action to compel
the defendant to reconvey to the plaintiff the
title to the Brunswick hotel property on
Fourth street, just beyond Wabasha The COM
plant simply alleges that the plaintiff and
Christian were very intimate friends, and that
the latter, on Jan. II, 1895, for the purpose Of
defraudng the plaintiff, represented to him
that it would be to his interest to deed to him
(Christian) the property; that Kittson did SO
with the understanding that Christian and his
wife should reconvey simultaneously, but that
on one preteXt and another the reconveyance
was put off from tina to time and Christian
finally refused tc make it at all, though up to
the time of his refusal so to do he and his sub
tenant had continued to pay Kittson rent for
the property at the rate Of $2OS per month.
After refusing to reconvey he ceased to pay
rent, and $4l6 was due at the time the suit
was commenced. In addition to an order COM
pelling the defendants to deed the property
back, Kittson asks for an accounting and ad-
3ustment for the amount of rent due. He
claims the property is worth $50, 900.
There are some things in the case that are
not shown by the complaint, and some things
In the complaint that the court has ruled out
of the case. The latter is the charge of fraud
which the court held had not been sufficiently
set out in the complaint and the former are
the reasons Kittson has for giving the deed to
Christian. John D. O'Brien, in his opening
address for the plaintiff, explained this by
saying that the plaintiff had been unfortunate
in his associations, and certain party had
been bleeding him by contracting debts for
him to pay, and Christian finally prevailed
upon him to transfer the property to him so
that it could not be levied upon to pay these
bills. The deed Kittson made to Christian was
to be placed on record so as to show change
of ownership, but Kittson was to keep the re-
turn deed without putting 1t on record. 1t is
claimed that the conveyance was made with
out consideration, though the consideration
named in the deed is $14 900.
Christian admits the transfer of the prop
erty, but denies that there was any considera-
tion. He claims Kittson owed him sufficient
money to make valuable consideration for
the property, the value of which he places at
$4,000, instead Of $4,000, as claimed by Kilt
son
When called to testify in the ease Kittson
seemed to know very little about his business
ahairs. He had a general knowledge of this
particular transaction however.
Daniel Murphy, the attorney who drew the
deeds and who is assisting in the trial Of the
case, mas better memory, however, and he
testified to having drawn up both deeds, leav-
ing blank the place where the consideration
is named, and when he presented them to
klttson and Christian to be signed he insisted
that some reasonable consideration should be
inserted, and Kittson told him to make 1t S14-
600 or $4,000, so he made it the smaller
sum, but no consideration was actually given
kittson signed the deed to Christian but the
Iatters wife was not present, so 1t was agreed
that the return deed would not be signed until
next day. Later on Christian came to witness
Office and told him he would not reconyev the
property until Kittson paid him what he owed
him. Witness asked how much this was, as
he wanted to have the matter settled I'D, but
he received no satisfactory reply
On cross-eXamination witness was shown q
transcript of testimony given by Kittson SUBJ
sequently in supplementary proceedings be-
fore Attorney Holman, who was acting as ref
cree In case against Kittson to recover a
bill contracted by woman. On that occasion.
according to the transcript, Kittson testified
that he had sold the Brunswick hotel property
to Christian, and nothing was due him there
tor; that nobody held any property in trust for
MIN, and that he had no notes, bonds or other
securities from which anything could be real
lied Mr.. Murphy admitted that Kittson did
testify substantially as sworn by the trans
crtpt, but on redirect examination he said
Kttson was not himself at the time. and he
(Murphy), who acting as his attorney
could not control him.
This concluded the testimony for the
plaintiff and the hearing was continued until
today. George Benz & Sons filed a petition as
lnterVenors, claiming that Christian owed them
some $1,000, credit having been extended to
him on the strength of his claim to ownership
OF the property, but they do not seem to he
taking part in the hearing