Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1911-05-31
THAT LAND CONTROVERSY
RIP0RTANT SUIT DISCONTINUED. TO
BE RENEWED IN U. S. COURT
NcLees Assinst StolI and Chase Occu.
pies Court and Attracts Attention
at La Crosse

n VI ClAlLEuS OluGT IMAM
the attorneys and principals interested,
were at La Crosse last week, called
there by the Importance of the pending
action between John w. Nc Lees and
Messrs Stoll & Chase. After the case
had been well opened attorneys for
plaintiff asked for discontinuance, noti-
flying the presiding judge that action
would be removed in United States
court, alleging that it was necessary to
amend and extend their complaint To
others not residents of this state.
The CENSOR does not presume to adj
Indicate judicial matters, but it aims,
always, 70 be fair. Both sides to the
controversy herewith subjoined as given
N the La Crosse papers and the parties
on either side have solicited the publi-
cation:
THE PLAIN7 IPF's CLAIMS
ia Crosse Leaa er- Press. May 23)
Claiming Misrepresentation of 40OI
acres of irrigated farm land in Mon
tana which he purchased as a part of
1850 acre ranch in that state, John W.
McLees, is today suing Stoll ana Chase,
land agents, in circuit court, with |
Judge Clementson of Grant county on |
the bench.
McLees claims that he purchased the |
ranch under the belief that it contain |
ed 400 acres of irrigated land but upon |
measurement it was found to contain |
but 269 or 13l acres less than the re-
quired number. For these 1871 acres he /
asks 500 an acre, or total amount Of
$l3, loo
NcLees purchased the farm, famili-
2rly known as the GilIiland ranch, in
March, 1903, paying $50, 900 for !, $50
acres. In May of the same year, he
declared, that he discovered the short
age in the irrigated tract and an over
abundance of pasturage. He immedi-
ately went to the land agents but the
latter claimed that they never declared
that the tract contained 400 acres of
irrigated land, testifying to that effect
on the stand this morning.
The case this morning was frequent
ly interrupted by verbal clashes be-
tween the court and the opposing at
torneys, Graves and Bennett of Viro-
qua representing the plaintiff, and W.
+. and A. c. Wolfe of La Crosse the
defendants.
The trial is attracting considerable
attention among La Crosses western
land owners or prospective buyers. as
many of the methods employed to in a.,
duce persons to invest in western prop
erty are being testified to.
DEFENDANTS SIDE OF THE MATTER
LA Crosse Tribune. May 90
Judge Clementson has finally dismiss ,
sed or the plaintiffs own motion an !
action of considerable Importance and +,
which has been pending in one form or a
another in the circuit court Of La
fnNnooa nd Nart~V u
two years. :
1t was the outgrowth of litigation !
started between 0. K. Olson :
Of st Paul and p. l.. Kelly of Bozeman
Mont, to wind up their partnership
affairs and tried before Judge Higbee e
Of this circuit. In that action John .
McLees, formerly of Vernon county. .
that he had been defrauded ),
while purchasing a tract of $50 acres
Of land in the Gallatin valley in Mont :
ana. He instituted an action for dam !,
ages against Stoll 4 Chase of Viroqua, 4
who were the local agents for the Gal :
ATTN Land and Investment company of 3
Bozeman, Mont, for $l3, 900, in which =
he claimed that he lost that amount by =
reason of misrepresentation made in 2
the deal.
In the trial before Judge Clementson 8,
no evidence was offered. other =
than the statement of the plaintiff, q
hat the defendants, Stoll and Chase. :,
mad made fraudulent representations. :
t being declared that Mr.. McLees be- ~
fore purchasing the Montana property Z
went to Montana, inspected the land, Z
.alked with the owner and enioyed =
every opportunity to be fully informed :,
IS to its quality and general condition. ~
Following this showing made by the y
plaintiff, the case was dismissed. y
This case has aroused great deal of T.
interest in Vernon. La Crosse and ad- :,
dining counties, by reason of the u
prominence of the parties and extensive % %
operations had in the case in western a
ands. In fact, the issues in the case "
we're used in the political campaign in y
Vernon county last fall, where one of +
he defendants, John Stoll, was can =
iidate for the nomination for the legis-
AZURE. The complaint was read to the
yoters from the stump, and it is be-
ieved resulted in the defeat of Mr.. -
stoll. >
Messrs. Stoll and Chase feel highly \
dated that they were indicated by y
he failure of the case before a judicial Z
aibunal, rather than from the political :,
platform where they made no defense. y
n