The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-09-08
FARMERS Win OUT
in GRIGSBY CASE
FEDERAL JUDGE uPHoLDs THE
. FARMERS WHO PURCHASED
VAST TRACTS or LAND IN N. D.,
FROM +. c. DAY, PRESIDENT OF
pEFUNcT PLANTATION BANK.

Judge G. A. Amidon Of the federal
court decided against Col Melvin
Grigsby of Sioux Falls, S. D., in the
civil land case brought before him on
Tuesday. involving the title Of several
vast tracts of land in North Dakota
pur chased by farmers of this state
more than decade ago The court
established the title of the purchasers
from the assignees to the land and
declared the claim of Grigsby null and
void
The case grew out of the failure Of
Frederick C. Day, once president Of the
defunct Bank of Milwaukee in 1893,
when Day gave about $4,000 acres OF
land in Minnesota, North and South
Dakota as security to stockholders of
the banking corporation. The titles
of these lands were absolute in form
and intended as mortgages. In due
time Day and the bank failed and the
assignees in insolvency sold the lands
to farmers in the vicinity of their To-
cation
Under the law of the supreme court
Va ANVA I'll SdhCLcS ACCAG W SAoSAGAACCo IA
Wisconsin for lands in North Dakota
were void The transfers were made
between 1898 and 1900 when the lands
were of little value. They are now
very valuable.
Grigsby obtained deeds from Day for
100 quarter sections. In the action
just brought he sought to have the
deed from Day to the Plankinton
bank declared a mortgage, which ii
was in fact, and the assignee's deed
declared void. This, If upheld, depriv-
ed the farmers of their land after 1t
had become of great value and robbed
them of their years Of toll and de-
velopment.
While the assignees of the bank were
disposing of the lands, Day stood by
and made no claim and aided the as
signees in selling them. stating that he
stating that he had claim to them. The
court held that Day was now stopped,
by his conduct at that time, and that
the deed was a mortgage, and that
Grigsby stood in no better position
than Day.
Judge Amidon directed a decree to
be entered establishing the title of the
AAOAi IAAS 1SSl6hSCS 10 Tie
land and declaring the claim of Grigs-
by null and void There are thirty
two quarter sections in North Dakota
covered by similar deeds and large
number of tracts in South Dakota and
Minnesota.
There have been a great many deeds
of litigation in the state courts eff
fecting property in which Grigsby has
been successful in the main because
the attorneys for the farmers relied
upon some technical points of law.
In the case before Judge Anidon the
whole facts were gone into disclosing
the conduct of Day at the time the
lands were being disposed of between.
1893 and 1900, when they were of little
value, and the court held that Days
conduct was such as to defeat any
right on his part and those under
him from claiming any part of the
land.
Counsels in the case for the plaintiff
were Purcell e. Divet of wahpeton.
Ball, Watson, Young & Lawrence, and
for Grigsby appeared. Grigsby OF Sioux
Falls, S. D., son of the defendant;
Charles E. Wolfe of WahpetoI. and
Judge Engerud of Fargo.
The arguments yesterday afternoon
were made by Judge Engerud, Grigsby
and Mr. Divet.