The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-13
PUZZLE FOR JUDGE LEWIS.
Interesting Case Now Being Heard
by Him.

An interesting case involving the
title to about three acres of land abut-
ting on Front street just east of the
German school is on trial before Judge
Lewis. The plaintiff is Adoniram Clark
of New York, and the defendants are
Butts q Jacques, Mary Browning and
Clara Green. The land in dispute is
worth from $1,000 to $4,000. The plain
tlff's side Of theEcase is as follows:
In May, 1890, the land was owned
by Charles Waterman and William
George. They mertgaged 1t to the plain
tiff, Clark, for 3$3,50O. In April, 1892
the mortgage was foreclosed for an
installment of interest, and sold to w.
r. Wilmot for 1922 IT, it being supposed
by Clarks attorneys that the owners,
Waterman and George, would redeem
1t. The year of redemption expired April
10, 1898. On April o. three days after
the expiration of the year of redemp-
ton, Rush B. Wheeler, acting for
Clark, bought Wilmot's interest and
took a quit claim deed, and then decided
to Clark, thus veSting the title to the
whole property in Clark
1t SO happened that in September
1892, the firm of Butts & Jacques held
a note for 5000 against Waterman and
his wife, upon which they got judg-
ment. Within the year for redemption
Butts & Jacques filed their notice Of
PROPERTY
question from the mortgage forecIoS-
ure sale. They did redeem from the
sale on April 22 1893, the same day that
Wheeler bought Wilmot out. Butts &
Jacques redeemed by paying $255, and
then claimed that absolute title to the
property was vested in them. On Dec.
q, 1893, Butts & Jacques decided the
property to John K. Retain. Mr.. Rel
tan was a cook in a restaurant where
M inf hoo 1.10 M n, 1oe~ n
7Dee5 l223 Mr. Butts morris agedcthes prop-
erty to Mary Browning for 81, 400, and
on the same day Mr.. Retain decided
the property back to Butts & Jacques,
subject to the mortgage. Mary Brown
ing is consequently a defendant, claim
ing her rights under the mortgage.
The plaintiff claims that Butts &
Jacques never had a valid judgment
or the 5000 Waterman note and alleges
that there was collision between Wa
terman and Butts & Jacques, and also
declares that the aWtermans had paid
the note before suit was brought by
deciding the land subject to the Clark
mortgage, which deed has never been
recorded. The plaintiff, in other words,
insists that Butts & Jacques did not
redeem within the year as owners, but
claimed to have redeemed as Judgment
creditors within five days after the
expiration of the year of redemption.
The remaining defendant, Clara
Green, claims a lien on the land.
amounting to over $4,000 by virtue Of
a judgment inG her favor obtained
against Wheeler while the record title
stood in him as the agent Of the plain
tiff, Clark. Thesplaintiff contends that
Wheeler was in possession of the prop
erty merely asd the plaintiffs agent,
and that the title was really in the
plaintiff and for that reason the, de-
PENDANT, Clara Green, had notice Of
his, Clark's, title, and that therefore
the judgment didn't attach to the prop
erty as a lien.
The case will be resumed today. Eller,
How & Butler appear for the plaintiff,
and Butts & jacques, Walter Chaplin
and Stiles w. Burr for the defendants.