The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1900-04-25
SPLIT ABOUT EVEN.
JUDGE Webber Gives Balm to Both
Sides IN Curtin Case.

Judge Webber has filed his de
cision, giving both sides verdicts
in the case of Patrick Curtin. Mary
Curtin aud Joseph Curtin VS.. Eller
f. Phillips and E. A. Pease as sher
if of Redwood county, an action t.
set aside an attempted mortgage
foreclosure, and in which case. the
sheriff was enjoined from selling the
mortgaged land, just as he was
about to make the same. Judge
Bowers is attorney for the Curtins
and Somerville & Olsen are attor
news for the defendant.
Judge Weber makes 10 findings
of fact in the case. The land in
question is the ne4 of the sw4, lots
l, 3 and 4 of section II, and the sw4
of the sci, of section 20, Granite
Rock, which land was sold by R.
A. Turrell as agent for the Winona
& ST. Peter Railroad Co., and for
Russell Sage, on or about March
81, 1893, to the Curtins. At that
time, or just after the purchase the
Curtins owed the w. & ST. p. com
pany 1868. IS, and Russell Sage $54,
balance on the land. On March q.
1893, they mortgaged these tracts
for 5000 to R. A. Turrell, who re-
ceived $71.56 for commission, ex
penses, ETC., paid the Curtins $11,
and promised to send the balance
in to the company and to Sage and
secure satisfactions of their claims
against the Curtins.
Mr.. Turrell neglected to pay the
claims of the railroad company and
of Mr.. Sage until June 9TH, 1895,
when he paid to the railroad com
pany $210.8O to apply on the princi.
pal, and $500 interest. Judge
Weber finds that Mr.. Turrell
has never paid any other or
greater sum than this one payment
to the railroad company. On Jan.
Goth, 1894, Mr. Turrell paid all Of
the $54 to Russell Sage, and secured
the proper deed from the great
fnancier in favor of the Curtins,
On April 9Th, 1898, and before the
Curtin note and mortgage to R. A.
Turrell became due Mr.. Turrell
sold and transferred the note and
mortgage to Ardelia R. Johnson for
5000, Mrs. Johnson not having any
knowledge at that time that Mr..
Turrell had not paid the full con.
sideration therefor, nor that the
plaintiffs had any defense against
the collection of the note or the fore.
closure of the mortgage.
After this assignment Ardelia R
Johnson died and George w. Phil
lips and A. H. Bennett were APP
pointed executors of the estate. Or
Aug. 18th, 1896, the executors sole
the mortgage in question to Eller
F. Phillips. On Aug. 10, 1897, thu
Curtins were in default in the pay
ment of the interest on $347.3 5, the
actual consideration paid by R. A
Turrell for the execution and de
livery of the note and mortgage, ant
the assignee of the mortgage com
menced foreclosure by advertise
ment. After the seven publications
in THE GAZETTE Sheriff Pease com
menced the sale of the premises
but was prevented from carrying
out his intentions by Coroner Glib
son, serving a writ of temporary
injunction on him. The expenses
in this case amounted to SOL.
On April 1st, 1894, not knowing
that Turrell had not paid over tht
full amount to the railroad company
the plaintiffs paid to Ardelia R
johnson, the first assignee of thu
mortgage, $72, interest on 5000 fo1
one year.
AS conclusions of law Judge Web
Der holds that Ellen E. Phillip:
was entitled to foreclose the mort
gage for the amount of actual con
sideration paid by Turrell, to-wit
$347. 80, and interest thereon. an(
for no greater sum, and that she i:
entitled to this foreclosure. but i:
restrained from foreclosing thu
same for 81, 1852 25. the amount Sc
out in the original foreclosure. Sht
is then given judgment against th'
Curtins for $941. 43. which is per
sonal judgment not secured by thu
mortgage and the fact that the Cur
tins have transferred the land t,
! * p