davidaulloa/AmericanStories huggingface dataset:
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-08

with the intent that plaintiff should not
receive any notice of the registration pro-
ceedings until decree therein should be
obtained, confirming title in fee to the
applicant
Plaintiff Wasn't Unknown"
! Under the evidence it must be held that
when Carl instituted the registration pro-
ceedings he knew that he had himself no
title, that the defendants Martin owned
the fee, and that the plaintiff. had a first
lien by virtue Of his said mortgage Be-
fore the summons issued in such proceed
ings, Carl had been served with the COM
plant in this action, which set forth fully
the nature of the plaintiffs claim. He
knew, from that time, at least, that the
papers, which upon their face Invested
the title of the mortgagors, and merged
plaintiffs mortgage into a fee title, in
form transferred to him, had no place
upon the record and were in fact null and
void Plaintiff was therefore not an "un-
known party, but was, on the contrary,
a. party whose name and address and
whose rights were known to Carl, who.
nevertheless, on Jan. %, 1904, instituted
proceedings to register his alleged title,
in which the summons issued ON March
5, 1904 Ctwenty-seven days after the SER
vice of the complaint herein), and in
which the plaintiff was not proceeded
party or person unknown. ~. Ek
In the application signed and verified by
John Carl in person, he falsely aVerred
that he was himself the owner Of the
premises in fee and that no person other
thai. himself had, or claimed to have, any
estate, title, or lien, therein or thereto
Because Of such untrue statements, the
examiner reported that Carl owned the
premises in fee and that no person should
be made a party defendant. except AlZeo1r
o. Brusha and D. r. Pelo, who We're ten
ants under Carl. And by such report. by
the false application, and an AFFIDAVIT
made in behalf Of Carl praying therefor,
the court was induced to order the issu-
ance of a summons in which plaintiff was
not named a party defendant. At the
hearing upon the application for final
decree, Carl testified as a witness in his
own behalf, at the very time that this
cause was at issue and upon the calendar
for trial, that there was no mortgage upon
said premises, and that he did not know
of any claim against the same. which tes-
timony Carl now comedies he knew at the
time he gave it to be untrue. =
And again, while this cause was SO upon
the calendar at the April, 1904, term, Carl,
by his attorneys. under various pretexts,
induced plaintiffs attorneys to consent
| and agree to a postponement of a trial to
the September term following. This was
done, as it is found, so that more than
| sixty days might elapse before plaintiff
should learn Of the decree and so that an
! alleged innocent purchaser might be Sc
cured. And such sixty days having elapsed
and such alleged purchaser having been
! found In the person Of this intervenor 1t
| is now claimed that all this perjury and
fraud practiseds against the plaintiff, and
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-08
JUDGE BROOKS ON
THE TORRENS LAW
His Recent Decision Which Has Ayoused General Inter-
est Amomg Real Estate Men and Laauye,s-7ert
OF Memorandum Which Discusses the
% LasU and Its Operation. @>s@z

Wide interest and discussion have
been aroused among real estate men
and lawyers by: the recent decision of
Judge c. F. Brooks of the Hennepin
county district court, in the case of
Michael Martin, John and Josephine
Carl, defendants, and G. H. Dean, in
tervenor, and it's relation to the Tor
rens law. The decision holds that there
may be conditions under which regis
ltration of title does not insure it.
ct is the generally expressed opin
ion of those conversant with the case
that it is an extreme one, involving as
it does, rather unsual features Of con-
spiracy and fraud, which is not likely
to have a parallel. Judge Brooks
thoro discussion of the Torrens law and
ITS application. and his citation of cases
bearing upon it, make it interesting to
ali who have or intend to acquire or
transfer property. g. -
An appeal will be taken. and SUI
preme court decision will be awaited
with interest,". u
Judge Brooks memorandum is, in
full, as follows:
This action is brought to foreclose a
real estate mortgage for $3.50, executed
by the defendants Martin to one Casper
LlfilSL OIL 0ept. ~, 1881, ana OH the same
day assigned by Ernst to plaintiff. Incl
dental to such relief, decree is sought
adjudging the invalidity Of an unauthor-
+ lied foreclosure of such mortgage, a
forged power Of attorney. pursuant to
which the same was had, and a forged in
strument in the form Of q warranty deed,
purporting to be a conveyance Of the title
acquired under such foreclosure to the
defendant. John Carl,
Nub of the Question.
The sole question presented is whether
plaintiffs cause Of action is barred by q
decree Of registration obtained in alleged
conformity with the Torrens law during
the tendency Of this action, which decree
is set forth in the intervening complaint
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-08

of Clarence H. Deane, who alleges that he
purchased the premises for value, and
without notice of plaintiffs rights, more
than sixty days after the decree was
entered. - y'"-.. g.. ~. ST., .r-5.
The mortgage in question was duly re-
corded on the day of its date, and the
assignment to plaintiff on Oct. u, 1897,
since which time the mortgage, note and
assignment have remained In the actual
possession Of the plaintiff. The forged
power, dated Jan. 80, 1899, purports to
empower one Mueller to foreclose the
mortgage in plaintiffs name, and the
same was placed of record on March II.
1899. Assuming to act Hereunder, Muel-
Ter instituted proceedings for the fore
closure of the mortgage by advertisement,
in which the sheriff, on March %, 1899,
issued his certificate to the effect that
plaintiff had purchased such, premises at
the foreclosure sale, such certificate be-
| ing placed of record on March 80. 1899.
| Thereafter, on March 81, 1901, the forged
warranty deed, purporting to convey the
premises from plaintiff to John Carl was
| delivered to the latter, who: paid therefor
| a consideration of s1,So0. and has since
occupied the premises, claiming to own
the same by virtue thereof. >
| Not only were such alleged power and
deed forgeries and such alleged foreclos-
ure unauthorized, but the same; were
wholly unknown to plaintiff until Nov. 10
1908. During all the time mentioned. he
resided in Michigan, and regularly re-
ceived from Ernst, as it became due, al
interest upon the mortgage Indebtedness
accruing prior to Sept. q, 1908. so thai
prior to said date there was in fact nc
default such as authorized any. foreclos.
ure. It is found that upon receiving no
tice of the forged instruments and the I'm.
authorized foreclosure, plaintiff caused no
| tice of the same to be given to John Carl
who thereupon consulted an attorney ant
was advised to have his title insured. HI
accordingly obtained such insurance, OF
Dec. /, 1908, from the Minnesota Title In
surance & Trust company, and was the1
advised to have his title registered. Thi
| he attempted to do in such way, ant
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-08

The court should and doubtless does.
nave the inherent power to purge It's rec
ords of a judgment such as this. because
of the fraud practiced upon it. 1t Is, how
ever, not merely because of the fraud that
plaintiff is not bound, but because, not
being a party defendant. to the action.
the court for that reason acquired no
jurisdiction to render any decree. therein
which could affect or bar his right OF
action. AS has been seen. he was not
specially named in the proceedings, and
could not be included among the parties
unknown. In fact his rights We're of
record, as much so as were those of Ben
jamin Homan In the case of Ware VS..
Easton. Legally speaking, his lien was of
record to the same extent as it was when
the mortgage was recorded; and as be-
tween the parties, should be so treated,
for forged instruments cannot affect the
title one way or the other, and are there
fore not entitled to record Pry VS.. I'ry,
100, Ill, 1866, 476. Carl was not merely
put upon inquiry, as was the applicant in
the Dewey case. He had actual notice
and knowledge.
Surely it was never intended by the
trainers Of this law that it should enable
felon, by means Of forged conveyance
and a registration decree obtained as this
one was, to appropriate to himself and his
heirs forever the property of his victim,
Yet, as to OHM Carl Gin whose shoes. this
intervenor stands) this case Is In prin-
ciple the same as though he. and not
Casper Ernst. had forged and placed of
record the alleged power Of attorney and
deed and procured the unauthorized fore-
closure to be made. And if he could. as
claimed, under such circumstances obtain
jurisdiction of plaintiff by describing him
as a party unknown, then truly. as was
said in the Dewey case, 1.-THE TorrenS law
would prove an instrument Of oppression,
and it's enforcement would result in in
calculable injury
Other Points Of the Law.
It is not the law, as many seem to sup
pose. that a certificate of registration Is
conclusive evidence Of ownership in the
holder, either before or after sixty days
from the entry Of the decree on which il
is founded. BY the express terms Of the
Torrens law, the registered land is held
subject to Liens, claims or rights arising
or existing under the laws of the consti-
tuition of the United States. which the
statutes of this state cannot require tC
| appear of record in the registry"
One, therefore, who accepts registered
title may find it subject to pending liti-
cation, bankruptcy proceedings or 4 judg-
ence. Of which can only be as
certained from an examination ant
search of the records in the fedora
courts. 1t has, moreover, been expressl,
decided that the decree is void because
rendered without jurisdiction, as agains
the owner of the land in terms registered
who was in actual possession but not made
a party or served with a summons. Sucl
want of jurisdiction may easily arts,
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-08

was instituted. The absence, moreover,
OF any issue in this case referring direct
ly to the decree, for more than sixty days
after it's entry, was due entirely to the
intentional default Of the defendants, and
not to any default or neglect of the
plaintiff.
It is, of course, elementary, as a gen
eral proposition, that no Judgment can
affect a person not a party to the action
or proceeding in which the judgment is
rendered. AS to him. the Judgment is
void and void judgment u.s. In legal
effect, no judgment. BY it no rights are
Invested. From it no rights can be OBJ
tained.' Freeman on Judgments. 4th Ed.
Sec III: when judgment or decree
So has been obtained by fraud, the
fraud is regarded as >perpetrated upon
the court as well as upon the injured
party Pomeroys Ed. Sec. 91s, Note 1.
Although 1t is not permitted to show
that the. court was mistaken, it may be
shown that it was mised.' Kingston's
Case. 2 Smiths L. G. ISL, 1874. Fraud
and imposition invalidate a judgment, as
they do all acts, and may; be alleged,
whenever the party seeks to avail him
self of the results of his own fraudulent
conduct by setting up the Judgment the
fruits Of his fraud Vaudeville VS..
Reynolds, GO N. Y. 52S, SAB, and cases
cited. And in the case at bar the decree
in question is directly and not collaterally
attacked. Ware vs.. Easton, 46 MINI. 1870.
Vaule VS.. Miller, SO MINI. 440.
The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-08
Construction of Torrens Law.

The principle upon which the TorrenS
law is based is not new in this state. It
was introduced by Chapter 81 of the Laws
of the Extra Session of 1881 which au-
thorizes an action to determine adverse
claims to be brought against persons I'M
known on the service of the summons
upon them by publication. That statute
was construed IN Ware VS.. Easton, supra,
where it was held that it must ''be strictly
construed and followed and that inter-
ested parties must be specially named
who are known and these who appear
to be such by the. records" and that
otherwise the court acquires no jurisdic-
ton. The Torrens statute itself, it would
in Dewey VS.. Kimball (89 MINI. 454), in
which the decree of registration was, as
against one not specially named in the
summons, held to be invalid and void
for want Of jurisdiction, because in omit
ting to name such party the
applicant had not followed the adj
vice and direction of the examiner,
and upon the further ground, APP
parently, that aside from the examiners
report, there was Sufficient notice to the
applicant to put her upon investigation
and Inquiry, and slight search for the
truth would have disclosed the real facts
| !. e.. that a person not named claimed an
| interest in the property. AS said in the
Westphal case (S5 MINI. 453), 1T is only
on non-residents and unknown persons
or parties service by publication may be
made" -.--. . -...- -
The Birmingham age-herald., 1905-08-05
What, drink with choIer? stay, and pause awhile.
 --1 King Henry w.
Admiral Bostwick's Victory.

The battle of Rigolets, that neck or water connecting Lake Pontchartrain with Lake Borgne, has resulted in the dispersion and flight and disappear ance of the Vardaman mosquito fleet. Admiral Bostwick on his flagship Marc did not reach, however, Rigolets bridge until after Captain Blount on the war ship Grace had met the enemy and had nut him to flight. The ships of the fighting Louisiana tars carried rapid fire guns ready to pump lead into the enemy to the point of surfeit.
 The battle at Rigolets demonstrates the superiority of the Louisiana navy. Sea power over the coveted oyster beds At the mouth of Lake Borgne IS Louisiana's today, and all experts tell us that sea power is the thing in mod ern warfare. The Mississippi ships at the RlgOletS DrluBe "iSoiy
 that the ships which sail promptly away will live to fight another day.
 The battle does not, however, de' eide the fate of the eighteen schooners interned at Ship Island. If Admiral Bostwick invades the waters of Mis- sissippi and attempts to regain the eighteen schooners he will have the revenue cutter Winona to deal With and she, too, carries rapid-fire guns Louisiana's sea power does not there fore extend much, if any, beyond Rlg' olets bridge. It certainly cannot DC safely stretched to cover Ship Island.
The Birmingham age-herald., 1905-08-05
T. T. HiIIman.

After an heroic fight for life T. T. HllIman, one of the pioneers of the Birmingham district, passed away yes terday in the 62nd year of his age. Any man who leads in the industrial or commercial development of com munity is a benefactor. No matter what his individual tastes or habits may be, if he gives employment to his fellows and thereby increases the pay rolls, he is a greater philanthropist than the man of wealth who merely bestows gifts on the poor.
 MT. Hillman was both a developer and a man of charitable deeds. His heart was in sympathy with suffering humanity and his acts of helpfulness were modest and benevolent.
 He was one of the most potent fac tors in the upbuilding of Birmingham. He was at once far-sighted, conserya- tive and tenacious. His business acu- men was remarked And in point of commercial probity and personal in- tegrity, this district has had no more admirable example.
 MT. Hillman was an accurate and a,, ,tI,,cio clio nror,hat of RirmingnQ m s progress. He believed in it's potentiali- ties. He was among the first to visual ize it's future greatness; and he backed his discernment by investing here his capital and his capacity. His death wherever he was known, will be pro foundly lamented and his name will be enduringly honored.
The Birmingham age-herald., 1905-08-05

in Egypt Is too silky and too high priced to be woven into coarse cottons for export. The products of other British colonies are too small for even mention. The products of German or French colonies are almost nil.
 The truth is, the position of the United States in the growing of the commercial cotton crop of the world has not been seriously threatened, and is not likely to be. The suns warmth .s duly felt in our cotton belt, and the rainfall is about 42 inches a year. Labor is abundant, and there are rail- roads in nearly every cotton-growing county. This is the home of cotton growing, and the indications are that our South Atlantic and gulf states will grow the cotton of the world through out the present century. We need not stop to inquire as to the next century. It is best to let each century take care of itself
The Birmingham age-herald., 1905-08-05
c,oslnu the Baltic.

Great Britain has sent it's channel fleet into the Baltic to conduct there its summer maneuvers. The Kaiser, fresh from talk with the Czar, says the time has come to make the Baltic a mare clausum for foreign warships. Here indeed we have situation. and England will protest, and possibly fight. before she will permit her ships to be shut out of that sea.
 Russia has no warships, and there fore small voice in the matter Sweden Is paralyzed by the secession of Nor way. Germany has no one to contend with except Holland and Scandinavia neither of which has much weight.
 The Black sea is not a parallel case, for the countries around the Black sea are willing that the latter should be neutralized and closed to war vessels. The nations around the Baltic want nc closed sea--that is to say, all the na' tions except Germany, which hopes to dominate it. A peaceful alliance among them for that purpose is out of the question. and forced closing would probably lead to war.
 Germany. restless Germany or rather her restless Kaiser, desires to control the Baltic and to annex Hol- land and Denmark, but these plans will not soon turn to fact. The truth Is, the Kaiser and the Czar acting to- eether cannot close the Baltic. The tendency of events is to open seas, not to close them. In the meanwhile a British fleet will disport itself in the Baltic. and Holland, Denmark and Sweden will not be in a hurry to Of fend England. their natural, but not treaty-bound, guardian. Besides, Japan must be consulted, for. if the Ports. mouth conference prove abortive Japan may desire to send a fleet. manned by straight shooters, straight to the Bal
The Birmingham age-herald., 1905-08-05
ALUMINIUM PAPER
Is Made in Germany and Is Useful For
 Protecting Food.

From the Philadelphia Record.
 Aluminium paper is now manufactured in Germany and recommended as a sub- stitute for the foil. According to con- sular report 1t is not the so-called leaf aluminium, but real paper coated with powdered aluminium, and Is said to pos sess very favorable qualities for preserv- ing articles of food, for which it Is used as a covering Chemical analysis has proved that aluminium paper contains but few foreign substances; occasionally it may contain up to per cent of iron, but never any arsenic or other poisonous metals. Hence that it appears that the powdered aluminium used for the man. ufacture of aluminium paper Is relatively pure.
 parchment, obtained through the action of sulphuric acid upon ordinary paper. The sheets are spread out and covered upon one side with thin coating of a solution of rosin in alcohol or ether. Evaporation Is precipitated through a curren of air and the paper is then warmed until the rosin has again become soft Then powdered aluminium is sprinkled upon it and the paper subjected to strong pressure to fasten the powder thereon. The metallic covering so ob- tained is neither affected by the air nor by any fatty substances. Aluminium paper Is much cheaper than tin foil and will, so it Is thought in Germany, become a strong competitor thereof.
The Birmingham age-herald., 1905-08-05
cnIleotlnn RepudIated Bonds.

The Boston Herald reviews at no little length the sovereignty of states and the efforts which have been made to collect repudiated carpetbag bonds of the reconstruct4on period, and it ar rives at the conclusion that the de- cision in the case of South Dakota against North Carolina Ifs very far from aiding the holders of the ordinary repudiated bonds of the southern states. In the dissenting opinion the minority judges protested strongly against such a use of the right of one state to bring action against another state. and doubtless the result has been little more than a resuscitation and stimulation of ill-feeling."
 The bonds that North Dakota sued on were secured by pledge of stock issued by railroad owned by North Carolina After judgment by the court 1t ordered the railroad stock sold. It will thus be seen the North Dakota case is exceptional New York owns, it $ said, a lot of North Carolina's re- pudiated bonds, but they are mere bonds, with no railroad stocks behind them. What, asks the Herald, is New York to do? Tt cannot go to war, and the United States marshal would find it impossible to seize and to sell, say, the capitol of the state of North Car olina In payment of the debt to the state of New York. Any suit, then, that would be brought by the state of New York for the collection of unse- cured bonds would be fruitless. It could not enforce it's judgment if it ob- tained one, nor could the United States assist it."
 The Herald concludes that the pros pect of collecting repudiated carpet bag bonds is slim indeed. It is really nil, and New York's attempt to force North Carolina to pay any repudiated bonds will prove fiasco. The sub ject is one that can be made to serve turn in midsummer dullness, but it is out of place when live issue is be- fore the people.
The Birmingham age-herald., 1905-08-05
National Quarantine.

Tn requesting the federal government to lake full charge of the yellow fever situation in New Orleans and Louisiana, said a prominent lawyer last night the authorities in the Pelican state have un- willingly encouraged the idea of federal interference or cooperation In municipal and state affairs.
 "I am somewhat interested to know what action will now be taken by Gov ernor Blanchard of Louisiana. If he does request the President to take charge, he will practically admit that the state authorities are unable to cope with the situation or admit at least that they are unable to cope with it as well as the federal government. Such an admission will be quoted and followed as prece- dent throughout the country. and will tend nightly toward a general concen- tration of power in the federal govern ment.
 New Orleans action in this matter Is due, l think, to the remarkable success won by General Leonard Wood. federal officer. in cleaning up the city of Havana The New Orleans people evidently think that If the federal government could clean up Havana and root out yellow fever there, It could likewise in the Crescent City.
 q would not be surprised if this preee- dent should lead ultimately to national quarantine law"
The Birmingham age-herald., 1905-08-05
OUT OF THE FACT FACTORY.

From the Philadelphia Bulletin.
 No unvaccinated person can vote in Nor way.
 "Bosh' is Turkish word meaning nothing"
 Sumatra grows the largest flower in the world It measures yard and three inches across, and it's cup will hold six quarts of water. Rafflesia Arnoldi is it's name.
 The Austrians use a stone plotting pad that never wears out. A little scraping with a knife cleans 1t effectually.
 Living is 40 per cent cheaper in Lon- don than in New York.
 The mountains of the moon are far higher than those of the earth.
 The Danube flows through countries in which fifty-two languages and dialects are spoken.
 Among the Sultan's plate are babies baths of solid gold.
 Big-gun practice at sea often causes Holsters, in sheer fright, to drop claw.