The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1900-05-09
CALENDAR CLOSE.
How the Cases We're Disposed Of
During Last Meek.

with the Fidelity Securities 90. OF
Sioux City, as principal defendant,
came to close last Tuesday after
noon, with verdict in favor of the
plaintiff.
The case involved the ownership
of half section of land in Granite
Rock township. The land was
formerly owned by Hans Lund.
The latter gave mortgage on the
same to the Fidelity Securities Co.
The company foreclosed the mort
gage. In the meantime Francois &
Schmahl secured judgment against
Mr.. Lund, and later an agent of the
company entered into some negoti-
alton with Mr.. Lund whereby the
latter was to give a quit claim deed
and was to be protected against the
judgment.
On the day that the period for re-
demption expired, a year after the
foreclosure sale, Mr.. H. G.. Schmahl,
representing his firm. purchased of
e. A. Pease the sheriff's certificate
of sale to the half section of land in
question and on the day following,
Mr.. Lunn failing to redeem, claimed
ownership to the land in question.
Sheriff Pease sent check for the
amount of the mortgage, together
with accrued interest, to the COM
pany, and the latter refused to &C.
cept the same, and the money has
ever since been laying in Mr. Pease S
hands. The company served notice
of refusal and an assertion of own
ership of the land in question, and
shortly afterwards placed Mr.. and
Mrs. Thompson in charge of the
tract. Attorney D. A. Stuart. who
was thoroughly conversant with the
facts and law Of the case, was re
tanned as attorney for Francois &
Schmahl, and was assisted at the
trial by Joseph Chadderdon. When
seeding time commenced Mr.
Schmahl, with a crew of men went
on to the farm and commenced the
seeding Mr.. Thompson attempted
to stop them, but be was advised tt
90 slow in the matter and the seed
ing was completed under Mr.
Schmahl S direction.
The case came to trial last Mon
pay and Mr. Johnson, agent of thu
Fidelity Security Co. was the mos
important witness for the plaintiffs
and could they have closed the case
after his testimony they would prob
ably have secured an instructed
verdict. but on Tuesday morning
Mr. Johnson gave new evidence
and with other evidence, including
that of Mr. Lund, which was fo1
the plaintiffs, Judge Weber decid
ed that there was sufficient evidenc,
to 60 to the jury. The jury wa.
out just 20 minutes, when they re
turned a verdict for the plaintiffs
giving them possession of the land
1t is reported that the case will b.
appealed to the supreme court, o,
points of law, and it is also reported
that Mr.. Lund has an action agains
the company for money earned b,
him as tenant and not turned over
OTHER CASES.
The case of Alfred Laudon, a.
trustee in bankruptcy of hurry J
Warner, VS.. Mckay & Race, an &C
ton to recover about $1,000, wa
settled, the defendants returnin!
5000, and the plaintiff paying hi
i costs.
The case of James F. Casserly VS.
Joseph McGeough, an action to re
cover for alleged false arrest, wa
continued
In the case of VIM. Mack VS.. tn
executors OF the estate of John Mar
tin, after jury had been empan
eled, on motion of Attorney Somer
vile for Mr.. Mack, Judgment wa
awarded the plaintiff for the full
amount stated in his complaint, ow
ing to the fact that a printed verifi
cation, the form of a well-knowl
harvester company. was found to b
defective, inasmuch as it did no
state that the facts alleged "wer
true.
The regular venire jurors or tn
| Welsh McGeough jury except to tn
GAZETTE S statement of last weel
that the verdict became know