Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1903-11-25
WHO Is THE OWNER?

WHO IS THE OWNER?
An Interesting Case Which Will Have
to bs Settled At Next Term Of
District Court.
There Is quite controversy on be-
tween A. H Rosepquist, of this city,
and D. Grashuis, of Clara City, over
the title and ownership of the Joe Lo-
bins farm adjoining this city on the
north The ownership is in dispute
and probably will be until the session
of the next term of the district court.
We will state briefly the circumstances
which brought on the case which was
tried in Judge Abrahamson's court
last Monday afternoon and Tuesday
forenoon. On or about the 23rd Of
October. 1908, Mr.. Grashuis entered
into contract with Mr.. Lobins for
the purchase of the land in dispute
and the contract was drawn up and
signed by Mr.. Lobins and the same
WAS duly recorded on the 31st day of
October. Soon after Mr.. Lobins, for
some reason, was not satisfied with
the conditions as stipulated in the
contract and asked to have the same
cancelled, but was refused. He then
sold the land to A. 81. Rosenquist, CIV
ing him q warranty deed for the same
signed by both Mr.. Lobins and his
wife. Now both parties claim owner
ship of the land, the former on con-
tract and the latter on q warranty
deed. Mr. Graahuis has only paid
something like $50 90 on the contract
and with this small equity in the prop
erty he last week sent three men up
from Clara City with tools who tore
down q building on the place, and
hired two more men to haul rock for
q foundation for the erection of resi-
dence and barn on the said premises.
Mr.. Rosenquist, learning of this pro-
cedure, at once droye out to the place
and ordered the men to quit the de-
struction of the property as it be.
longed to him, but they took no heed
to his warning and on Thursday q
warrant was sworn out for their ar
rest charging them with willfully and
unlawfully destroying another mans
property. They appeared in Judge
Abrahamson's court and the case was
set for Monday. Elmer Connick and
an assistant, who we're hired to haul
the rock onto the premises, were also
asked to stop work, but, refusing to
do 80 they were arrested on Friday
morning for trespassing and fined
81. GO each. Mr.. Grashuis had now
appeared upon the scene and ordered
the men to keep right on working, that
he would see them through and stand
all costs, etc., and the consequence
was that Mr.. Connick and assistant
were again arrested in the afternoon
and the case set for Monday. The
Judge required the boys to give bonds
for their appearance in the amount OF
$500 each or go to Jail, and Mr..
Grashuts, who had promised to see
the boys through all the trouble, right
here exhibited bis true calibre by re-
fusing to 20 their bail, and but for
the leniency of the judge in releasing
them on their own .recOgnizance they
would have had to go to jail-and all
for Grashuis. The charges against
all the parties arrested were of GRIM
inal nature and County Attorney
Johnson was summoned to appear for
the state. He was assisted in the pro-
secution by Attorneys Saml Porter,
of Willmar, and N. L. Ericsson, of
this city. Atty Oluf Gjerset, of
Montevideo, appeared for the defense.
The case against Conntck and assist
ant was dismissed on motion of the
county attorney, but the other three
were bound over to the district court.
This was about all the judge could do
in the matter, as it was necessary first
to prove who was the rightful owner
of the property before the men ar.
rested could be convicted or not of
destroying another mans property.
AS such matters must be tried in q |
eGprt of equity and were out of the
jurisdiction of q justice court, the |
;udoa couid 40 nothing more than he
did.-Raymond News.
Goes up for Five Years. :
Penrose or Porter, who was Con-
victed OF seducing Emily Anderson,