Evening journal., 1897-05-12
IMPORTANTLAW CASE
Decision In a Suit Concerning
Very Valuable Land.
MINNESOTA CITIES ARE INVOLVED.
The Property Was Bought When the
Sites Were In the wilderness,
but Now Are Parts of
Great Towns.

Albany, May 12.-The New York state
court Of appeals has just decided
case of great Importance not only to
the litigants. in this state, but to Min
neapolis and St. Paul people. The case
decided was that of Hannah Niedlinger
ct al. versus Mayer A. Bernheimer ct
al, executors of Isaac Bernheimer, de-
ceased, respondents, and Augusta Med
linger ct al, appellants, in which the
latter tried to set aside a sale of land
upon which the cities of st. Paul and
Minneapolis now stand to the re-
spondents. The court refuses to do
this, and the sale stands.
The story of the case runs back for
so years. In 1856 the firm of Bernheim-
er Bros, New York merchants, con-
ssting of three members; the firm
of Arnold. Nusbaum & Niedlinger. mer-
chants of Philadelphia, in which firm
Jacob Niedlinger had a one-third inter-
est, and one Mayer Arnold of Philadel-
phia entered into an agreement to pur-
chase an immense tract of, land in Min
nesota. at that date a comparative will
derness. The cities of St. Paul and Min
neapolis stand on a portion Of this
original purchase. In all divisions the
profits were to be on a one-third basis.
portion of the land purchased they
would lay out a town to be called Chi
cago City. In this enterprise Bern
heimer Bros were to have three
sevenths. Arnold. Nusbaum & Med
linger the same and Mayer Arnold one
seventh.
Money Spent on the Property.
In pursuance of this plan large
nF l1.aI a,
the purchase of lands. and the develop
ment of Chicago City. Bernheimer at
all times controlled the enterprise but
the other parties furnished the money.
The sum contributed by Isaac Med
linger. with the interest to Dec. 81. 1883,
amounted to S52,O72, and a small por-
tion Of the land was sold to the st. Paul
Improvement company for $4S, 900.
During the early years Of the enter
prise the various parties contributed
large sums Of money toward perfecting
and placing it upon a paying basis. In
June. 1887, Jacob Niedlinger sold his
one-ninth interest in the Minnesota pur-
chase to Isaac Bernheimer for 49, 900
Niedlinger's death occurred the follow.
ing August. One-half of this, or a one
eighteenth interest in the property. ha.
been recovered by the heirs of Jacot
Niedlinger.
The last suit was to set aside the sal,
Of the one-ninth interest on the grount
that the sale was made by the deceased
without sufficient knowledge Of the val
ue or location of the lands, and that hi
position was taken advantage Of by thi
purchaser, who was thoroughly awar,
ot the great bargains he was securing.
Another significantfsatureo of the con
troversy Is that when the action wa
begun, In 1898, the property was far les
valuable than now, and Bernheime
was willing to account to the heirs o
Frederick Niedlinger for the gains o
the property held in trust.
The decision of the referee on the frs
trial in this action was made in 1885
Since then the land has wonderfully in
creased in value, many of St. Paul
business blocks being erected upon it
and Bernheimer appealed, claiming &
hold the land as his own. The cour
decides against Niedlinger and in favo
of the heirs of Bernheimer.