The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-02-07
YOUNG SUES TO
RECOVER Pine
State Brings an Action to Set
Aside a Patent Issued in I
1902.

Attorney General EFT. Young has COM
menced an action against J.. ". Allen,
Leonidas West and Frederick w. Bon
of Minneapolis, to cancel and set
aside g patent for a valuable half-sec--7!
ton Of land in Hubbard county. i
The half-section was sold Oct. 12,
1902, as agricultural land for SIS an
acre. Instead of taking time, the pur-
chaser, Allen, paid the full price and
demanded a patent, which was issued
Dec. %, 1902. Meanwhile Allen had
transferred his title to Messrs. West
n .BOnne6S.
State Auditor Iverson has found that
the land contains pine timber worth
at least 81, 900, which should have been
sold separately. Acting on his informa7
ton the attorney general has brought
the action, claiming that the patent is
void.
Speaking of the matter this morning,
the attorney general said:
This transaction involves the most In
genious scheme to swindle the state that
has yet come to. my attention. The tract
involved the north half of 36-142-32. in
Hubbard county,, and has growing upon
it over 1885, 900 feet of choice pine tim
Der, worth about S. a thousand feet.
The law Of this state does not permit
the sale Of pine land, until the timber Is
first estimated and sold by the state. and
| IC1lOVSu 1IOL4 LA6 ldllu, i y 1Ildy IAAOAA O0
sold the same as other land. The sale
Of the timber is also prohibited, unless in
the opinion Of the timber board, 1t is ir
danger sfrom fire. The timber on this
tract did not seem to be in danger, and
no attempt had ever been made to dis
pose of 1t.
In September, 1902, it was represented
to the state land commissioner that this
tract was chiefly valuable for agricultural
purposes, and an appraisement was asked
with a view to its sale. Thereupon ap.
praisers were appointed as provided by
law, one by the land commissioner, one
by the governor and one by the county
commissioners Of Hubbard county; soor
thereafter a report was made by these
appraisers showing that the land was de-
void of timber, chiefly valuable for agri
cultural purposes, and that the land wa
worth IS an acre. 1t wa accordingly ad
v~ertfsed with other lands. for sale, and a
Park Rapids on Oct. IL, 1902, 1t was solt
by the state land commissioner to j. W
Allen for SIS al acre. He paid the who'll
purchase price ls1, 60o) in cash, and de
manded a patent for the land. In tn
regular course of business thereafter, OF
Dec. %, 1902, the patent was issued an
delivered to Allen, and the next day h
decided the land to West and Bonness
i The title to the land, of course, car
, ried with it the title to the timber, an,
thus the state was sWindled out of 81, 00(
State Auditor Iverson discovered the OK
istence Of the pine timber IN the swim
die that had been perpetrated,+ and calle
my attention to the matter three day
ago, and I Immediately brought suit 70
the cancellation Of the patent. It is doubt
, less the intention Of West and Bonness t
/, claim to be innocent purchasers Of thi
!; land from the holder of the patent title
! but as the officers OF the state. had n
7 autllority under the laWsto Sell this lan(
until the pine had first been disposed o
: the patent was void and Is no protectio
to anybody.
The appraisers who made the repor
: on the land were E. M. Horton, u. G
Wray and B. L.. Brown. They took a.
) oath to make a correct report, and thei
failure to do SO may involve them !
another action.
The pine is still standing, so that tn
states right can be. protected by tn
suit. If the state wins and the paten
is set aside, the purchasers will los
not only the land and the timber, bu
8 also the $1,000 of purchase money pal
: to the state.