The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-05-18

say word about that part Of it, which
amounted to approximately $4,000 or
$4,000, without interest? 1t does not
look reasonable. If this had been a
mortgagor and a mortgage relation
when these settlements were made he
would have said in their settlement:
You now owe me so much on this
whole transaction" But, no. they do
NOT do that. They settle up for the
running expenses of the farm and then
settle with reference to just the chat
tel mortgage interest which Mr.. Ma
lette has in the personal property.
Relation of Ledbetter Notes.
i And now we come to what seems to
me to be almost an absolutely CONTROL :
ing fact, corroborative of the theory
that this was an absolute purchase
and not the interest of a mortgage.
Counsel in argument appeared to think
that this about which shall now speak
was strong argument in their favor.
1t does not address itself to me in that
fashion. / now refer to the giving to
Mrs. Ledbetter for the children these
notes, amounting to approximately $5,-
600. What was that transaction as II
| throws light on the acts of these par
ties and especially the acts of Mr.. Ma
lette in dealing with the Ledbetters?
presume that at this point of time
/ the land had risen in value somewhat.
| There was due to him Approximately
| $4,000, which as we know would be
! about $50 an acre for $40 acres of land.
can see how, according to the testi-
mony here and according to the sirua-
| ton of the parties, Mr.. Malette would
| say: Now, feel reasonably sure that
l can get my money out Of this land
and / will just let Mrs. Ledbetter and
| the children have the personal prom
erty." That is all the giving I'D of these
| notes amounted to, because the notes
against them were practically value
less. So he hands them back to them.
| Ii Mr.. Malette had been a hard task
| master, 1T he was not dealing with
these people in an honorable fashion.
| he would have retained these notes and
| not only kept the land but as well taken
the personal property. l can not see
where Mrs. Ledbetter can find much
to criticise Mr.. Malette, in the manner
| in which he handled that business, in
view Of the fact that he practically de-
| livered up to her that which would abb
solutely free her personal property from
all encumbrance merely as a gratuitv.
AS an evidential fact it comes with
tremendous force, favorably TO Mr.. Ma
lette, especially to a court of equity
sitting and viewing this transaction as
1t actually occurred.
Ledbetters Had Title.
1t has been urged and was contend
ed in argument that in view of the fact
that certain charges for lumber appear
In these statements, that would be an
evidence that Mr. Malette considered
this farm as belonging to the Ledbet-
tiers. Let US examine that. There are
three charges for lumber, as appears
by these statements. The first was in
July, 1905, for SIS; the second was in
October, 1905, $105.94. Both of those
occurred when Mr.. Ledbetter was con-
tending that he owned the farm and at
a time when Mr. Maletre conceded it,
and at a time when as a matter of fact
the Ledbetters did own, or at least the
wife did an equitable interest in the
farm. The legal title was not taken
away from them until November of
that year. Now that disposes of those
two items The other item is, accord
ing to this bill, for S29.46 and it oc-
CURED in 1906. However, as suggested
by counsel for the plaintiff in this ac-
ton, in view of the fact that Mr.. Led
better and his family had the use of all
the pasture and the ground for potatoes
and thaNgarden fspot, 1t was. a very
small amount for Mr.. ELedbetter to re-
pay, when it was found that it had
been charged up to Mr.. MaIette. L
think that has no evidentiaI force
whatever as against the position taken
by the plaintiffs in this action.
Kind Acts of MaIette.
We come now to the testimony Of
these several witnesses with reference
to what Mr.. Maletre had stated was the
relation of himself to the Ledbetters
in this transaction. That can best be
Illustrated and considered bv looking
again into the actual situation of the
parties. It would not be strange that
Mrs. Ledbetter, who perhaps did not
know much about the actual details
OF the business and who had worked
so hard and so long as she had as a
faithful wife and mother, should feel
that there Ought to be something
there for her. as she put it. And she |
undoubtedly, living in that country and
hearing Of those sales by the land men
/ have already spoken of, and thar land
was going at $40 and $50 an acre,
would become imbued-and 1t is not
strange-with the notion that that land
was now of such value that it would |
bring to her that for which she had
been looking so many years-a perma-
'nent home. Then, owing to the pecul- |
lar situation of the buildings and the
talk that she had with Mr.. Malette. it |
is not strange that she felt that she |
ought to have 200 acres. It would have
been all right for her to have had 200 |
acres II she could get 1t and pay for 1t. |
And If she could sell this land-become |
instantaneously changed into a real es-
tate agent with all the power and abil- |
ity of some of the most brilliant real |
estate agents developed during the last /
few years, she might have sold these |
440 acres for a sufficient amount to |
pay UP what Mr.. Malette had expended |
in this transaction. And so again Mr.. |
Malette says: II don't want to make |
any money out of this transaction. /
have got into It, / want to sell the land. |
/ want to get out as have gone away. |
If, therefore, you can sell this land
so that you can save 200 acres L will let |
you do it," Is there anything here that |