The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-08-14

date of the adjudication in bank
ruptcy, Dec. 5, 1901, that the said
bankrupt was the owner of a large
amount Of personal property, includ-
ing horses, cattle, farm implements,
machinery, tools and equipments, the
same being situated on and used in
connection with the operation Of the
Clyde Maine and Meadow Lawn farms,
and is Of the value Of upwards of
100000.
That all of said personal property
is still in the ostenSible possession of
Caroline E. Clarke, claiming title and
ownership therein and thereof. The
plaintiff further claims that the claim
in this regard of Caroline E. Clarke is
wholly fraudulent; that her purported
title and ownership was acquired I'M
der and pursuant to a fraudulent con-
spiracy between herself and her CO.
defendants and entered into for the
purpose of concealing said property
from the creditors of said bankrupt
and in fraud of such creditors, and
that said property was at all times
and is held by the said Caroline e.
Clarke under and as the result of such
fraudulent conspiracy and not other
wise, and in secret trust for the bene-
fit of said bankrupt
Continuing, the complaint alleges
that between the 31st day of August,
1OSt, dIlU Tic GSlu Ody OI APRIL, 1880,
the said N. P. Clarke executed to each
of said defendants, Montgomery and
Zapp, several chattel mortgage to Sc
cure a pretended and fictitious indebt-
edness to said mortgages, which
mortgages covered and embraced all
and several the live stock, horses, cat
tie, equipment, tools and machinery on
the two farms mentioned, and that
each and all of said mortgages were
executed by said mortgagor and re-
ceived and accepted by said mort
gagees as part and parcel of a con-
spiracy to defraud the creditors of
said bankrupt, N. p. Clarke, and to
facilitate and enable said bankrupt to
effectually cover and conceal said
property from his creditors, while re-
tanning the actual benefit and control
thereof.
The complaint further recites that at
the behest Of N. p. Clarke and for his
exclusive benefit the mortgages were
foreclosed, at which sale said mort
gagees became the purchasers of all
the property embraced in their respec-
tive mortgages, and that the said sales
were not in fact and were not intend
ed by the parties to be real, but were
made in the interest of the bankrupt.
That pursuant to said design and con-
spiracy the purchasers Of these mort
cages caused the same to be ostensibly
sold and transferred to the defend
ant, Caroline E. Clarke That no mon
ey consideration whatsoever was paid
by Caroline e. Clarke for such trans
fer, but that she executed back to said
pretended sellers her certain notes for
the amount of the pretended indebted
ness to said mortgages, for which
Indebtedness said property had been
foreclosed. The plaintiff further al
leges that the indebtedness of said
hon
all credits and offsets, aggregate the
sum Of 1928, 734.55. The plaintiff prays
the judgment of the court:
That all the transfers and chattei
mortgages alleged in the complaint
be adjudged fraudulent and void, and
that the personal properties trans
ferred through the medium thereof to
Caroline e. Clarke be held and adj
judged to have been transferred fraud
ulently and on secret trust for the ben
eft of N. P. Clarke.
That it be. adjudged that Caroline r.
| Clarke has no right, title or interest in
or to aforesaid several properties, and
| that the title thereto was held by Car
| oline Clarke on secret trust for Nehe-
miah P. Clarke.
| That all of said properties or the
| avails thereof so received by the de-
| PENDANT, Caroline E. Clarke, be held
| and adjudged to belong to the plain
| tiff, as trustee in bankruptcy of N. p.
| Clarke, and that plaintiff, as such
| trustee, be adjudged entitled to recov-
| er the same.
| That an account be had and taken of
| all and the several properties trans
| ferred to and received by Caroline e.
| Clarke, under the facts in this COM
| plant alleged and set forth.
That Caroline E. Clarke be held and
| adjudged to account as trustee ex-
malefcio for all Of said. properties and
the avails thereof, as has been by her
in any wise transferred or otherwise,
| disposed of.
That for any of said properties so
received by Caroline e. Clarke, and
which have been sold, encountered or
otherwise disposed Of By her, plaintiff