New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1904-01-27
CASE TRIED IN CHAMBERS
Court Hears Arguments in Hotter
Durbahn Action.
Famous McQuat Land Case Settled
by Attorneys.
Marshal Pint of Sanborn, Given
5000 Reward.

Marshal Pint of Sanborn, Given
5000 Reward.
Attorneys in the case OF Mrs. Anna
Hofer, ct al, VS.. Vim. Durbahn made
their arguments before Judge B. F.
Weber in chambers Thursday and
Friday. J. H. Long of Mankato, and
Einar Hoidale of this city, appeared
for the plaintiff, and defendants law
yers were Jos. A. Eckstein of New
Ulm, and A. V. Rieke of Fairfax.
Property at the corner of State and
Third North streets valued at nearly
$4,000 is involved in this litigation.
IT was formerly in the possession of
Henry Goede, Mrs. Hofer's husband,
and he conducted a small grocery store.
Twelve years ago, his widow says,
VIM. Durbahn and Chas. Grussendorf
approached him on the subject of sell
ing and, by threatening to start an
opposition store across the street, sue
ceeded in inducing him to relinquish
for So. 400.
This sum, she claims, was far be-
low its actual value, and she further
alleges that Mr.. Durbahn's title is
clouded for the reason that she never
signed away her interest in the pro-
perty. When the transfer was made
she refused to attach her signature to
the Decd. but as j. Pfenninger held a
mortgage for 81 900 the sale was con-
Quoted through him. Mrs. Hofer now
declares that the title never rested in
Pfenninger and that, therefore, the
convey ance is void.
The defense maintains that the pur-
chase was regular and that full value
was paid for the property. They deny
the charges of coertion, saying that
no threats were made to open second
store, and assert that the deal made
through Mr.. Pfenninger was binding.
In conclusion, they cite the facts that
they have remained in undisputed
possession for twelve years and during
that period have paid all taxes and
assessments against the property, as
we'll as making improvements to the
value of 5000.
A transcript of the evidence will be
prepared and the case submitted on
briefs.
After having been in the courts at
intervals since 1858, the case of Thomas
and Jane McOuat against the Winona
& st. Peter Land company, has at last
been settled. The contention was over
half section of valuable land near
Oshawa, Nicollet county. McOuat and
his daughter claimed title by virtue OF
the original filing but the land was a
part of the grant made to the Winona
& ST. Peter Railway company and the
railroad claimed that it had reverted
to the government and was, therefore,
included in the grant.
Last Wednesday was the day set for
the hearing before Judge Weber and
Attorneys A. r. Pau, ST., ofMankato,
and A. A. Stone of ST. Peter, came to
the city to act for the railway COM
pany. Attorneys Thos. Hughes of
Mankato, and Will Wanless of Salt
Lake City, Utah, represented the Nc
Ouats and after conference it was
agreed that the latter would renounce
their claims on condition that the
company convey the property to them
for $4,000. This payment was made
and Thos. McOuat secures one quarter
section and his daughter the other.
Yesterday Judge Weber heard the
arguments in the case of w. E. Koch,
as trustee in bankruptcy for Chas.
Forster, against Carl Baltrusch and
Chas. Baltrusch, Jr., and today the
action brought by Charles Baltrusch,
Jr., against VIM. E. Koch will be
argued. In both cases Jos. A. Eckstein
of this city, and 81. L. and J. w.
Schmitt of Mankato, are attorneys for
Koch, and c. A. Hagberg, New Ulm;
Somerville & Olsen, Sleepy Eye; and
Pau & Pau, Mankato, are attorneys
for the Baltrusches.
Marshal Peter j. Pint of Sanborn,
receives 5000 reward for the capture of
John Sullivan. His application for
horse thief bounty was given a hear
ing by Judge Weber Saturday and
the court granted his request. The
order was made the same day and
Clerk of Court John Larson issued a
warrant for the amount.
= Many people in New Ulm gladly
testify to the great benefit received by