The herald-advance. (Milbank, S.D.) 1890-1922, 1902-04-04

Day county, South Dakota, came to
her home and represented to this plain
tiff, that Jennie A. Howe, mother OF
the plaintiff had sold the above de-
scribed lands to some eastern parties,
and that these parties were about to
make a sale of said premises, and that
the purchasers requested an affidavit
from the plaintiff setting forth the
fact that this plaintiff was the only
surviving heir of the said Page f.
Howe and Jennie A Howe, deceased,
said George f. Turpena at the same
time showing to this plaintiff a type
written paper which plaintiff read and
which was to the effect that this plain
tiff was the the only living issue OF
said Page f. Howe and Jennie A. Howe
deceased, and that this plaintiff there
upon signed said affidavit. That the
said Terpena Immediately after she
had signed said affidavit produced
another typewriter paper, which he
stated was a copy Of said affidavit and
asked her to sign same. which she
did, believing same to be a
copy of said affidavit, and that there
was no mention of any real estate in
the affidavit given her to read, and
that the said Terpena, upon her hav-
ing signed the said papers, gave to
said plaintiff SO, stating that he was
authorized to give her that amounts for
her signature to said affidavits.
IL. That thereupon said Terpena
took said instruments and left plain
tiff s house, and that within a few
minutes thereafter one E. w. Taylor.
a notary public in said county, came
to the house of this plaintiff and asked
her if that was her signature to said
papers, showing said papers which she
had just signed, to which question
plaintiff answered eyes," whereupon
said Taylor departed.
II. That in truth and in fact the
paper represented by said Terpena to
be a copy of said affidavit, which she
read was not a copy thereof, but that
the same was a purported quit-claim
deed, wherein and whereby this plain
tiff purported to sell, convey and quit
claim to one l.. Fl. Bentley, of Mil
bank, 8. D., the said above described
premises, and that the statements and
representations made by said Terpena
to the effect that the last paper she
signed was a copy of the affidavit,
we're false and fraudulent, and that it
was then and there we'll known to said
Terpena to be false.
Il. Said plaintiff further alleges
and charges the fact to be, that the
said Bentley and said Terpena, hav-
ing through channels unknown to
plaintiff, found out that said plaintiff
was the heir to and the owner of said
real estate above described, and hav-
ing further found out that she was ig-
norant of the fact and of her rights in
the premises, wickedly contrived and
and conspired to defraud this plain
tiff out of her said land, and that the
signature of this plaintiff to the pre-
tended quit claim deed was obtained
by fraud and false representations,
and not otherwise, and that this plain
tiff never delivered said pretended
deed to said Bentley, that she has not
at any time had any conversation with
said Bentley, or with any other per-
ing said land, nor has the said Bent
ley nor any other person paid to this
plaintiff any sum of money or other
valuable consideration for and as the
purchase price OF said land above de-
scribed, and that the said pretended
deed was obtained by fraud from this
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any consideration whatsoever, and
that the said pretended deed SO signed
by said plaintiff was signed by her
believing the same to be q copy of
said affidavit, said plaintiff believing
the representations made by said Ter
pena as aforesaid we're true in that re-
gard.
IA. That the said pretended quit
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by said L. Fl. Bentley and George E.
Terpena, as aforesaid, was on the 18th
day Of December, A. D., filed for rec
ord in the office OF the register of
deeds in and for said Day county, and
recorded in book 4 of deeds on page
$50 therein, and that the same is q
cloud upon plaintiffs title in and to
said described premises.
Is. Plaintiff further shows to the
court, that the Flour City National
Bank of Hennepin county, Minnesota,
claims an interest in and to the said
above described real estate under and
by virtue OF q pretended deed of war
ranty, executed and delivered to it by
n Mary Nicolay and her husband,
which said pretended deed of war
ranty was on the 10th day of July,
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Office of the register. of deeds in and
for said Day county, and recorded in
book w of deeds on page 452 therein,
and that the same remains of record
in said register Of deeds office, and
that the said last mentioned deed is q
cloud upon plaintiffs title to said
premises.
l6. That the said last above-men-
toned deed is null and void, for the
reason that the said Mary Nicolay
and her husband had no title or inter-
est in and to the said premises to con-
vey, and that the pretended title con-
veyed by said last mentioned deed to
the Flour City National bank, if
is claimed, is inferior and subject to
plaintiffs ownership in fee simple OF
said premises.
Wherefore, the plaintiff demands
Judgment.
I. That the said pretended Quit
claim deed executed by this plaintiff
to said L. H. Bentley, be by an order
of this court declared fraudulent, null
and void, and that the said defendant,
L. III. Bentley, be ordered to reconvey
the said premises.
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