The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1901-10-16
AIN APPEAL TAKEN.
Some interesting Evidence as 70 Erasure
Of Name From Certificate.

Some Interesting Evidence as 70 Erasure
Of Name From Certificate.
The case of . Ohm III deric kson VS.
1 % cC ornick II es1ing Machine Co.
/ j Il. Bowers and others, in which
Judge Bowers was given about all
that be asked for j q the lower court,
lis about to be appealed to the Sn-
| prene court BY Finnegan Of
Minneapolis, attorney for the ma
chine company and N ri Har-
rim gton, one of the defendants.
The suit involved the title 70 the
northwest quarter Of section 10,
Vail township, land certificates to
the quarter section having first
lbeen issued to e. Everett, and
| by him assigned to VIM. S. Mckay,
and BY him to WE. A. Hub bard, and
by w. a. Hubbard to B. Pike
and ]. a. Beard
The appeal is being taken exclu-
sively on the testimony Of As.
Pike, who is now at Minot, North
Dakota, where he gave his deposi-
ton before a notary public, and
which deposition IS peculiarly in
I:teresting.
M Mr. Pike states that he first saw
the land in the spring of1S91. when.
after MIR. Hubbard announced his
Idesire to sell the tract, be went
lover it with Mr.. Beard. This was
the first Sunday ia June, 1891, and
ldnring this week the three men
! met at the Redwood County Bank
| where negotiations were consumat-
led for the purchase Of the certifi-
Gates to the quarter section, Beard
and Pike each taking an. undivided
/ one half, and each paying one-half
Eof the consid eration
Mr.. Pike merely supposes that
4 Hubbard made an assignment in
writing setting over the certificates
/ to himself and Beard. Mr.. Pike
4 then admits giving a quit claim con
! veying the land to Vim. p. Harring-
ton on June goth, 1900. The cues
tions and answers continue:
i "a Ats
i @. Did you at any time authorize j.
j A. Beard or anyone else, to erase your
name from the conveyance and assign
ment of each one Of said certificates,
land the assignment thereof, which
said assignments were made and exc
cuted by w "A. Hubbard to yourself
and Beard? A. Not that / remember
Of
@. Did YOU ever erase your name
from either of said assignments men-
toned in the preceding question? A.
mo sir.
@. Mr.. Pike, when did you
leave Redwood county? a. Last of
April, 1900.
] @. Did you at any time since
I May LIST, 1900, tell anyone that
your n anne was erased from said certi-
| ficates, Or either of them? a Don't
/ think / did
| @. I'll ask you, Mr.. Pike, when
you first discovered or learned that
the name of a. B, Pike was
erased from each one of the as
signments Of the above mentioned GER
tifcates, said assignments being made
/ to you and to ]. "A. Beard by w. a.
/ Hubbard? A. First I heard of it was
you wrote Mr.. Marcy about it.
think it was in July, 1900.
IS @. Prior to that time you never knew
ofthe erasure Of your name from said as
signments Of said certificates. "a. No.
g. a part Of the consideration paid
for by the assig nments Of each of those
certificates was paid by you to w. q.
4 Hubbard in cash? "a Yes sir.
O. w hat was your arrang ements, if
amy. with regard to said certificates!
a. The ertifcates were to be left at
the Redwood County Bank SO either
lonesof us could see them. .
@. And do you kno VI if they were left
4 there? Don know positive, but.be.
1 lieve they were.
g. Were they left there in pur
l snance to an agreement between you
1 and Nj. Beard? q The three Of us
understood il that way Hubbard,
1 Beard and myself.
And SO far as you know said Ger