The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1901-10-16
WIDOW S NOR IGH6E
Mrs. Ella j. Marine Sues w. II. Barnes
to Force Him to Assign
Mortgage.
Barnes Assigned the Mortgage Note and
Coupons, but Never the
Mortgage.

Ella j MARITIME has commenced a
q suit against M iilliam G. and Katie
I sA. Costley Of esta, and VI III. r
4 Barnes of this city, asking the
sIeourt to determine the amount due
q on a certain mortgage, to adjudge
that the NOR gage is the property
! Of the plaintiff: and to prevent any
4 lone Of the three defendants, but
more particularly Barnes, from
sIstopping any foreclosure proceed
ings which Mrs. MARITIME may com.
mence.
IN a measure this suit is the out
IgroWth Of one now pending in the
! Supretne Court, in which g +.
Kyle is the plaintiff and Mrs. Mar
tine the defendant, land which the
lower court twice decided in favor
| OF Mrs MARITIME. For ass time the
Hate MARITIME was loosely
1 identified with w. r. Barnes IN GER.
tain business interests, and Barnes
was given considerable license in
handling Mr.. Marines property.
/ w hen difficulties arose Mr.. MARITIME
|severed his connection with Barnes
and commenced putting money into
the livery stable now owned by Ed.
| Is sYAs y y S-S
Pratt. At that time, II is STATED,
Kyle was induced to commence
suit on all old note against the Mar.
tines. Mcmahon, the attorney who
settled the difficulties between Kyle
and MARITIME, was at that time in
/ Cuba and it was thought that the.
/ Marines could not get him back.
here IN time to appear as a witness
MARITIME himself, was rapidly APP
preaching Deaths door, and there
was practically no one left but. Mrs.
/ MARITIME to@defend the action. Nc
j Mahon showed up, explained the
matter, and twice has Mrs MARITIME.
won.
The history Of the present case,
(which is linked in a measure with
the former, is: On Nov. IS, 1897,
/ Mrs. Annie. b. ard sold a quarter
section Of land in Vesta to William
|G. Costley, and as part of the pur-
chase price the Costleys made a
mortgage to Mrs Ward for ST $50,
i bearing per cent. interest, and
running until Nov. Is, 1902, accord
ing to five coupon notes attached to
the principal. On Dec. 18th of the
same year Mrs. Ward assigned the
mortgage to w r.. Barnes. Barnes
never paid any part Of the consider
alton for the assignment. This was
paid by Mrs. MARITIME, and Barnes
promised to assign it to her at any
time she wished. At that time the
Marines still had perfect confde
in Barnes and it was at his sugges-
tion that the assignment was made
q to him. Afterwards he endorsed
j the coupon notes in blank and they
i were placed in the hands of Mrs.
i MARITIME. The interest was paid
without any objection on the part of
4 Mrs. MARITIME until they separated
/ in business. Even then he frequent
1 ~ assured Mrs. MARITIME that he
made no claim on the money.
i On Nov. 18th, 1899. Mr.. Costley
paid the interest note falling due on
i that date, but has never made any
q other or further payments Of either
principal or interest secured by the
/ ortgage, and the interest due on
Nov. Is, 1900, is now unpaid lis
understood that just before the in
isterest Of last year became due
/ Barnes served notice on Mr.. Cost.
Il ley that he was the holder Of the
mortgage. and that the interest
would have to be paid to- him, not
withstand ing that on the previous
year it was paid to Mrs MARITIME.
Barneszhas often been requested,
since the trouble between him and
MARITIME, to assign the mortgage to
8 Mrs. MARITIME, but he has refused,
and be has also failed to commence
an action to recover the coupon note
which be turned over to Mrs. Mar
tine.
Mrs. MARITIME, after asking the
4 Court todetermine the amount due
on the mortgage, asks for a sale Of
the premises and from the sale pay
the amount due on the mortgage,