The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-05-03
PATIENCE GIVING OUT |
UNDER DELAY IN SECURING
TARBOX SITE
WILL WAIT UNTIL MONDAY
If Releases Are Not Available Then,
Site May Be Abandoned
County Attorneys
Opinion.

the air. county ATTORNEY hdIS Slc1ISN
at the adjourned meeting of the commits
! sioners Yesterday afternoon, however,
that he had been assured by the repre-
| sentatives of the property that they
would be able to secure releases of the
judgments against the property by next
Monday Mr.. Kane also stated that the
board might be justified in giving them
until Monday to secure the rest of the re-
| leases. The board accordingly laid the
matter over until Monday.
After the board adjourned yesterday
afternoon some Of the commissioners
talked the matter over informally and 1t
is understood they arrived at the con-
clusion that in case the representatives
Of the Tarbox property could not give
the county a clear title by Monday, they
would rescined all Of the contracts and
leave the Jail on the top floor OF the
court house.
At the meeting yesterday afternoon
County Attorney Kane made ms report
to the board on the latest developments
in the matter Mr. Kane stated that fun
releases had been secured of all Judg-
ments against ]. B. Tarbox and that a
uuit claim deed had been secured from
Charles A Moore and wife. Following 10
the report of Mr.. Kane in full, which eX-
plains itself:
COUNTY ATTORNEYS REPORT.
I have examined the title to lots num-
bered 5, 6, and of block Y, 81. Pau t
proper with the aid Of the apstIaGI
thereof furnished me, under date OF ApIil
23 bv John Schultz official abstract clerk
of Ramsey county, and, assuming Ildt
said abstract contains reIerehcS 70
each and every instrument tna ~ atie tbs
said property, l am Of opinion that the
title to the same is vested IN E4Na : drpoA
and Jasper B. TarbOX in the 1olloWluS
proportions: The SAID Eva IarpoX oME WIZ
an undivided two-thirds interest IN sald
property and the said Jasper b. IarpoX
owns an undivided one-third interest,"
therein, all being subject to the following
% One mortgage for $4,000, executed by
Charles Moore and wife and Eva TarboX
and husband to the ST. Paul Title lnsunro-
ance and Trust company on May 2 lo9z;
and afterwards on Aug 49, 1892, ssisned
to Richard S. Mosen, VINO IS ST Tue
owner thereof. This mortgage mas been
forecIosed, and the time Tor redemption
will expire Sept Z, lSg1. mn o-.oo,,+od br
One mortgage for $1,000. executed oy
Eva. TarboX and Jasper = IarpoN. WY
9, 1894 to the St. Paul Title insurance
Feb. 6, 1895, assigned to Rlchard :
Mosen, who is still the owner, thereof;
Said mortgage has been due and payable
by it's terms on Feb. 6, 1893.
One Judgment entered against <5pef
r Tarbox in favor of James P. Brown,
executed Oct 4, 1900 for $17OS659
one Judgment against Jasper Is. TAR
box in favor of the First National Bank AMI
of Maiden Mass, entered on NOV. III, 190o,
% One s' judgment against Jasper B. Tar
box in favor of Iowa Land company, en-
tered Nov 10, 1900, for $1,7Tt3 ,ooo
Also the taxes for the year 1900,
amounting to i,29427, and sprinkling as
sess1nents to the amount $245S.
| also find the title to said property
affected by the following conditions and
circumstances:
March IL, 1888. James K. Goodhue was
and had been for fifteen years the owner
of an undivided one-third interest In sald
property On that date judgment OF
$319 G3 was entered against MN In IaVor
of John A. Stees. Subsequently on Aug.
n 1885,. his interest in said property was
sold upon an execution issued on SAID
Judgment to Homer G: Eller, and after-
wards, and on Aug. "a, 1885, assigned to
Eva Tarbox. This is the only proceeding
or act by which the said James K; Good
hue was Invested of his interest in said
p on Sent. s 1893 Charles A. Moore was
the owner of an undivided one-thlrd IN
terest in said property as the sole deVIsee
of May Goodhue Moore, his Wlfe (Geceas-
od1 and on that date conveyed ms IN
terest by warranty deed to James n.
Abbott. On the same date there was
executed an agreement by the parties TO
said deed that the same should be con-
Oct 10 1888, and three hours before
the recording of the foregoing deed and
agreement there was docketed ana en-
tered in the district court or R9msey
county a judgment against said Moore
and in favor Of the Union bank for
So 293.S9
afterwards, on Dec. q, 1S93 sold upon an
execution issued on said judgment to
said Union bank for $5,3lS.l8. but the al
fdavit of publication was not recorded
nor was the affidavit of sale or the
certificate of execution sale executed or
recorded until Dec. 8, 1894.
On Dec. IT, 1894 Jasper B. Tarbox COM
menced an action against Charles A:
Moore by the service of summons and
complaint On the same day Moore con-
scented to the entry of judgment against
Of $4,000. On the following day jrdg-
ment was entered in favor of TarboX.
Two days afterwards. as judgment
creditor Of Moores, Tarbox FLED notice
of his intention to redeem from the fore
going execution sale and did reclaim the
property herein mentioned from said
sale. In the meantime however, and be-
fore the evidences of said execution sale
had been recorded nine judgments ae
gregating ST 000 had been duly entered
and docketed against said Charles A.
Moore. This is the only act or prcc ed
ing by which Moore ever became divest-
ed of his title to said property. 1t will
thus be seen that undivided two-thirds
Of the title now standing in Eva Tarbox
and Jasper B. TarboX rests upon the reg
ularity and legality of execution sales
not free Con one instance at best from
the tincture of irregularity.
1t is true that subsequent legislation
has attempted to cure the irregularities
hereintofore mentioned but how fill
and complete may be the effect of such
curative acts in accomplishing the pur-
| pose of their enactment is a question
wherein there is room for difference of
! opinion.
There is nothing Of record showing
! that James x Goodhue was an un1nar-
ried man at the time be became divesr-
| ed of his interest in said property The
! property is subject also to an attach
ment lien for S4S550 in favor of the
| American Exchange National Bank of
| New York which attachment ! am as
| sured can be easily disposed Of
A proper conveyance OF said property
| by Eva Tarbox and Jasper B. Tarbox.
| together with a proper assignment of
the mortgages and a release of all judg-
| ments against them; also a deed from
James K. Goodhue and Charles A Moore
| free from Judgment hens and releases
| from James H. Abbott and the Union
! bank convey a good title; but a deed
from Charles A Moore without a release
| Of judgment against him would be worse
| than useless
l am, therefore, compelled by the fore.
| going conditions and circumstances to
| decide that the title to the property in
| the present owners is not of such a clear
| and unimpeachable character as is re-
| CURED and demanded by the importarce
| Of the interests involved. and 1 cannot
| advise the, acceptance Of the title in lis
| hvyf