Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-02-11
Evidence in the Bales-Wisner
Guardianship Case Largely
Favored the Guardian
HISTORY OF TRANSACTION
While There Was Conflict of Evidence
That in Favor of Mr.. Sales Largely
Overweighed Testimony of Complain
ant-The Case From MIR. Bales
Standpoint.
Special to Times Republican.

y. IL. DhlCS dllu uAoS AISS' WIZ P'S
sided at the last term of our district
court, it is eXpedient that the facts be
given as disclosed by the record in the
trial Of the case relating to the final
report OF J. H. Bales, guardian of the
estate of Gilman HI. Wisner, minor,
upon the objections made by the new
guardian. We make these statements
because If the evidence was as re-
ported to you and published in yours
of. February s, Judge Lee must be
either idiotic in his decisions or cor
rupt, and MI. Bales should have been
held to take the and in question II
reimburse the estate.
When Mr.. Bales filed his final report
in August, the new guardian objected
to receiving the deeds for one tract of
land in Dickinson county, this state,
and one tract Of land in Murray coun-
ty, Minnesota. In December the par
ties interested, by their attorneys, took
the testimony Of certain witnesses in
Dickinson county and in Murray coun-
ty. When the case was called for trial
on the 18th, the attorneys for the new
guardian withdrew all objections to the
tract of land in Dickinson county,
with the statement that the neighbors
and people adjoining h tract of land
differed so much with the new guar
dian as to the value of the land that
they would be obliged to abandon their
objections to that particular tract, and
the only question. tried had reference
to the good faith of Mr.. Bales in the
purchase of the half section in Muir
ray county, n also with reference
to the value of the land at the time
MI. Bales purchased it. The evidence
in regard to the prices paid for the
land as disclosed by the record on the
trial, is not correctly stated in the re-
port furnished your paper, and, be
lieving that o intend to be fair in
these matters, the following Is given
as rue developments:
In the forepart of the year 1901,
C.. e. Dinehart and F. d. Week, who
held a school contract for the land in
question, contracted with one G.. G.
Marshnaan Of Hubbard, Iowa, to sell
the half section in question with the
southeast quarter and the east half
of the southwest quarter of the same
\ section at $3.50 al acre. In No
vember, 1901, G.. C. Marshman offered
to assign this contract to c. e. AL
brook and Charles Ryan for the en-
tire tract for s29 az re, OF the north
half section, being tie tract in ques-
ton, for $35 an acre. Mr.. Ryan went
with MIR. Marshman to Murray county
to inspect the land and, after some
the sale of real property, bought the
North half at 1925 and acre, and re-
fused to take the other three eighties
at any price whatsoever on account of
their inferior quality. Subsequently
on Henry Hurd, who at that time
was superintendent of the poor farm
in Hardin county, purchased of Mr..
Marshman for 500 an acre the three
eighties that Albrook and Ryan had
refused to purchase. Mr.. Ryan, as
the agent of Mr.. Hurd, sold this tract
to DR.. Diehl in May, 1902, at $S2 an
acre and the contract which Mr..
Marshman held, which could not be
closed until June list, was assigned by
Marshman to Albrook & Ryan for the
entire tract. Hence the records in
Murray county make it appear that the
entire tract vas bought by Albrook &
Ryan for $25 per acre, when in truth
and in fact they never had any inter-
est in any part, excepting the north
half of the section, being the tract in
question, and for that they had paid
1925 an acre. The deed was made
to C. T.. Albrook and Charles O.. Ryan
as a matter Of convenience and they
decided the interest that Hurd had in
the three eighties to DR.. Diehl to carry
out the contract between Diehl and
Hurd. Albrook & Ryan sold to Murray
in May. 1902, for $40 an acre cash
and the next fall, being November,
1902, Murray sold to Bales as, guard
ian for $43 an acre. The evidence
showed that Mr.. Bales had inspected
lands in Murray county on two diff
ferent occasions before he made the
purchase. The evidence also showed
without contradiction that Albrook &
Ryan paid Marshman the difference
in cash between his contract price and
what they agreed to and did pay
Marsl1man, being an advance Of about
81 an acre, and paid to Dinehart and
Week the $3.50 an acre, which Mr..
Marshman had contracted to pay them.
Mr.. Bales proved by Burt I. Weld,
president Of the First National bank
Of Slayton; NJ. E. Blood, a farmer who
owns and lives upon the same sec
ton; Nick Weber, an insurance and
land agent residing in Slayton; N. B.
Tyler, a farmer whose land corners on
the land in question and who formerly
resided in Franklin county, Iowa; and
Will Weber, a farmer living about
one-half mile north Of the land in
question; that the land purchased by
Mr.. Bales at the time of it's purchase
was worth from $40 to $45 an acre and
that that is the present value Of it. It
was also proven beyond controversy
that during the transactions disclosed
by the foregoing evidence, the half sec
ton Immediately north Of the one in
question had sold for $21 an acre and
been re-sold for $43 an acre. which
half section it was prove was of in
ferior quality to the and in question:;
that on the day the dispositions in the
case were taken in Slayton, Mimi, a
r Of about the same quality of land,
but five miles north of the land in
question, with but slight improve
ments, sold for cash at s45 an acre.
These dispositions We're taken in De-
cember, 1907, Int the fact must not be
overlooked that thatL1as duxing the