Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1903-03-04
JUDGE FILES HIS DECISION
The Wall. Aired Fair Grounds Case Is
> Decided, According to Judge
a. !. Powers Findings.

Judge GOrham Powers filed his de-
cision last Friday in the clerk of
courts Office in the case involving the
ownership ofthe old fair grounds prop
erty. The case is one which has at
tracted considerable attention and has
been in litigation for some time. The
courts decision, which is volumi-
nous one, has been anxiously awaited
and will be read with much interest.
The case is entitled NJ. T. Sandbo ct
al. VS.. j. P. Madison ct al.
~ In July, 1897, M. T. Sandbo, E. T.
Asandbo, L. C. Hanscom, A. Baldwin,
w. T. Markhus, Andrew Larson, M.
J. O'Brien, M. ]. Spicer, Robert Otter
ness, J. P. Madison and S. E. Stans-
berry associated themselves together
for the purpose of forming the Kandi-
! yohi County Fair Association. They
purchased from Andrew Larson lots
Is, Is, q, %, and the east half of lot
~, all in Sec. 16, township l19, range
IS, being within what is now the city of
Willmar. This property comprised
25sacres, for which it was agreed to
pay $500. A payment of $500 was
made. Certificates of stock were isued
TO the amount of 1925, there being 25
Shares at $25 each. After the payment
OF $500 there was still balance due
OF S4OO. Larson was to hold the title
to the lands until this was paid. The
amount of 1925, balance realized from
the sales of shares, was expended by
the association for improvements to
the property, such as grading and get
ting baseball park and race track in
proper shape. Things run on for some
time without any satisfactory adjust
ment of affairs and there was consid-
cradle dissatisfaction. The finances
of the association were not heavy and
reverses were met.
November, 1899, when Messrs. Madi-
son and Stansberry made payment
of balance due to Mr.. Larson. This
entire amount with the deferred pay
ment and interest was $500. There
upon Andrew Larson conveyed the
title to said land to J. P. Madison
and S. E. Stansberry by a warrantee
deed. Stansberry afterwards sold his
interest in the land for $500. This was
in March, 1901. He conveyed the
same by quit-claim deed to J. P. Mad
ison. The latter continually used the
land for his individual benefit for two
seasons.
On May "a, 1902, as a result of con-
siderable dissatisfaction, a complaint
was filed in a suit for the recovery of
the property. Proceedings were in
stituted against J. P. Madison and
s. E. Stansberry by the rest of the
shareholders. Samuel Porter and
Olson & Johnson were retained as at
torneys for the plaintiffs and George
Muller, J. F. Byrnes and M. W.
Spicer for the defendants. The case
was heard before Judge Powers in
September, 1902.
The judge holds that Madison is the
holder of the land in trust for the
shareholders, but that he has specie
lien on the land for various moneys
advanced by him, now amounting to
$672. 10. Judge Powers directed that
judgment be entered and that lands be
sold and the net proceeds be divided
among the shareholders according to
the number of shares held by each.
The present shareholders and their
son, IL; Bitterness, 2; O'Brien, l; Mark.
hus, l; M. T and E. T. Sandbo, 2; M.
r. Sandbo 3; NJ. W. Spicer, l.
The decision is considered a very
important one from legal stand
point.