The Saint Paul globe., 1901-07-19
JUDGE OTIS REBUKE
IN RENDERING HIS DECISION IN
MQUEEN CASE HE is VERY
STERN
DEFENDANTS GET THE VERDICT
Prolonged Litigation Involving
COnveyances of Certain West
Superior Real Estate Is
Finally Settled.

1t is seldom that a court of justice
finds occasion in rendering decision,
to rebuke and censure, not only the plain
tiff and defendant in the case but some
of the attorneys as well, but this was
done in the findings in case handed
down by Judge Otis yesterday.
The case, which has been pending for
several years, is that of Joseph Mcqueen
and others, heirs of John Mcqueen, of
birmingham, Ala, deceased, against Ira
w. Burhans, ct al in which action was
brought to set aside a conveyance of
certain real estate located in West Su-
perior, made in 1S99 and to recover dam
ages.
In brief, the plaintiffs alleged that in
the year named Burhans was employed
as an agent to sell the property in ques-
ton, and it was claimed that he entered
into a secret agreement with Rufus JEFF
ferson to purchase the property for their
Joint account. 1t was also alleged that
the property was worth S22, Geo. but by
reason of false representations of Bur-
hans, the plaintiffs were induced to ac-
cept $4,000, and as the agent of plain
tiffs ne was paid 500 for effecting the
sale.
In his decision, the court finds for the
defendants, on. the grounds that the de-
ception practiced by Burhans was dis
covered by the plaintiffs in 1892 but they
did not proceed against him until several
years afterwards. 1t is held that the de-
lay was inexcusable, and was tantamount
TO acquiesence, and that the plaintiffs
We're guilty of gross laches in the prem
ises.
Briggs & lngersoll represented the
plaintiffs, and Warner & Lawrence ap-
peared for the defendants, the latter re-
celvlng mild rebuke at the hands Of
the court
In his decision the court says:
This delay was without cause or ex
cuse; They were then guilty of gross
l9ches and We're estopped from main
tanning any action or proceeding to set
aside, rescind or annul the sale to JEFF
rerson. The court also says:
L have limited myself to finding ulti-
mate facts, and those only material to
the conclusion. The vast array of evil
dentiary facts set out in the pIeadings
nave no proper place there, much less
in the courts decision, and / must de-
cine to encourage the vicious practice
winch mas crept into this case. even If
In this respect the older practitioner has
shown himself the greater sinner. The
supreme court, when this case was be-
fore 1t ON the previous record, in SUBJ
stance denounced the practice as intoler-
able. If so, | apprehend on this record
if one is made it can do little less than
adJudge the guilty counsel in contempt
of court.
After carefully sitting. all the evil
dence offered and received in almost in
finite detail, 1 am satisfied that the
findings cover every issuable ultimate
fact proper and necessary to sustain the
conclusions Of law and Judgment ordered.
The whole. case turns upon the ques-
ton of laches, supplemented by that of
estoppel, and the law of the supreme
court, in it's decision of this case, when
before it, while declared on theory
quite different in this respect than OBJ
tanned in this court on the previous trial,
is final and conclusive"