Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-05-19
Case of Russ VS.. Hansen Before
Iowa Supreme Court For
Rehearing
MANY FRAUDULENT MORTGAGES
Action Followed the Disclosure Of the
Frauds of Senator Lund, Who After
Being Served with a Warrant of Ar
rest, Came to Such Tragic Death at
His Own Hands.
Special to Times Republican.

case of Russ VS.. Hanson, came before
the Iowa supreme court again today on
an application for rehearing filed by
George A. Clark, of Algona, on behalf
of Mr.. Russ, the plaintiff, who is res
ident of Chicago. The case tried relat-
ed to the title to land. Russ had owned
the land, and c. L. Lund, who had been
Russ agent, sold the land, though he
did not have the agency at that time.
The court held that the title obtained
was good because of technical compli-
cations But interest in the case arises
largely froM the fact that 1t is the only
one of the many suits growing out of
the famous Lund land fraud which ever
reached the supreme court. This is
remarkable, because Lund tangled up
affairs in connection with many thou
sand acres of land. and placed fraudu-
lent mortgages amounting to about
$1S0.000. c. l.. Lund had been an eX-
tensive dealer in land, broker ani
dealer in mortgages. He acted for Mr..
Russ in some land deals and was con-
sidered reliable. But later he lost
money in speculation and in order to
cover his losses made out fraudulent
mortgages. He placed mortgages on
all OF the Russ land in northern Iowa
and in many cases covered the same
pieces with three or four mortgages.
He sold these mortgages and pocketed
the money, but kept the interest paid
He disposed also of chattel mortgages
amounting to $l15,000 and these he
sold to friends. In one way or another
he got about S1S0,0000 by fraud. The
suit pending in the court now on which
a rehearing was asked today involves
about $4,000 worth of property. In
most of the cases those who purchased
the fraudulent mortgages simply pock-
eted their sorrows, and resolved not to
trust any man again. Schmidt & VoHv
mer, of Davenport, weIa the heSviest
losers. Hx
The disclosure of the frauds of Sem
ator Lund came after his tragic death.
He was served with a warrant of ar
rest. and excusing himself, he went to
his barn and in Il few minutes was a
corpse. Popular sympathy was with
onors jury found that Lund died of
heart failure, and the widow was saved
$4,000 life insurance. AS matter of
fact it was case of suicide. The SYM
pathy for the widow was afterwards
.dissipated, as it was found that she was
not entirely ignorant of what was go
ing on. She has since removed to Chi
cago. 1t is still matter OF great Won
derment how the immense frauds were
committed by Lund and concealed from
his friends and ineighbors and from his
business associates.
That phase of the Lund land frauds
which came to the attention of the state
legislature at it's last session is yet to
be determined in the courts. OF the
$4,000 received by Mrs. Lund on the
insurance, she had to give up only
s3,5OO, which was because she had
signed one note held by an Algona
bank. But in the lifetime Of Mr.. Lund
she had given to him a power of attor-
Nney, authorizing him to act for her
and to sign Aer name to deeds and to
thus dispose of her dover interest in
land. Since the death of Mr.. Lund the.
supreme court has decided that wife
interest. Then Mrs. Lund began suit
against the owners of land who had Sc
cured title from Lund to establish her
title to the dover interest in many
thousand acres of valuable land. Some
twelve or fifteen of the suits were COM
menced and are pending. In the mean
time the legislature met and passed g
law to legalize all such powers of at
torney given by wife to a husband
and to legalize them as of the past. The
sole purpose of the bill was to cut ou.
the new litigation in northern Iowa
commenced by the widow Of c. l.. Lund
and preventing the unSetting of titles
on many valuable farms. Whether this
act will be sufficient to put stop to the
litigation remains for the courts 10
consider.
1t is improbable that the supreme
court will reopen the Russ Hansen case
although the principle established is
declared by lawyers to be wide reach
ing in it's effect and dangerous.
There are three cases on the court
assignment of the supreme court OF
Iowa involving persons sentenced to
hang Neither case will be submitted
at the present term. In the cases of
Richard Williams. of Mahaska county.
and Louise Busse, of Bremer county,
the attorneys have not yet completed
the papers. The case of Harry Hort :
man, of Cherokee, who confessed. and
after he was sentenced to hang. appeal
ed to the court for trial, has made no
progress. Recently his attorney wrote
that he had been too i'll to prepare the
papers in the case, but from other
sources it is learned that the attorney
has been at work. Hortman is in ill
health.
In tho case of l.. II. Linhoff, from
Cerro Gordo county. one of the few
women serving time in Iowa, asks re-
trial, She was indicted for murder in
the first degree and conviceds of man
slaughter. Hire husband was engaged
in a scuffle with one Bromley, and she
went into the house and securing a
shotgun. killed Bromley. She claimed
self defense. and asks new trial on the