The Mellette County pioneer. [volume] (Wood, Mellette County, S.D.) 19??-1971, 1912-10-18

ing slowly along each line. When he
came to the end, he fixed his eye
glasses a little more securely to his
nose, took up a pen and dipped It n
the ink-pot. At this moment. Ran
dolph Mason. standing behind him.
leaned over swiftly, picked up the
deed and tore II in two.
Instantly Roger Shelton threw him
self across the table, grabbing for tho
leather satchel. The younger New
Englander. amazed at this violent IN
cident, but instinctively determined to
protect the money now in his posses
sion at any cost, gripped the handle
OF the satchel with his right and. ris-
ing a little, struck the Pennsylvania
with the clenched fingers OF his left.
The long body OF Captain Shelton slid
back, across the table. crashing his
chair. The little bald attorney was
Immediately on his feet. his fingers
twitching like live electric wires. but
his face still as expressionless "a
wood. He saw instantly that his clic nt
had been outwitted, trapped and. ct.
haps. ruined; that the attempt to re-
| cover the money by force had fail d;
that further deception and intrigue
would likewise equally fail. This ath.
letic young man, muscled like a black
smith, his hands ~clenched, his shout
ders thrown loosely forward, It were
folly to assail with blows. II were
equally folly to assail with wiles that
other there, calmly tearing the deed
to ribbons, running the strips OF pa
per backward and forward through his
fingers.
The plan had crashed without a
warning, and yet the attorneys pres
ence OF mind was not a whit shaken.
His face held its set like plaster. not
a nerve ~quiyered, not q muscle sprung
he had been schooled TO meet the
unforeseen. He had gone through a
thousand staggering crises where the
life, the reputation, the fortune OF his
client were In a fash periled. He un-
derstood instantly, judged the situa-
ton. and acted at once. He thrust
the pack OF one thousand dollars. left
lying on the table, into his pocket
and helped his dazed client to his feet
and to the door. Then he turned
back 70 Randolph Mason.
your destruction Of this deed will
not do any good" he said. The con-
tract for the sale Of this tract OF land
was definitely made and concluded.
here, in the presence OF this notary "a
4 witness; the signing OF the deed ts
a mere physical act in no way affect
ing this sale. / shall at once institute
a suit for the specific performance OF
this contract Of sale and have a court
commissioner make the deed, If this
man refuses. The testimony OF the
notary. as the only disinterested per.
son present, will insure the success OF
that suit"
You will hardly institute such a
suit, l think"
why will | not institute IT." re-
piled the attorney, his voice rising TO
a stronger volume.
Mason advanced slowly with his
verbal %prodding.
Well" he said, "let us say that
such a suit would be founded on q
moral wrong. This tract OF land is
thought by your client to be fabulous.
ly rich. II lies. l believe. above a
synclinal in the ~oil-bearing strata
That Is, II contains the oil reservoir OF
the whole region around It. II is
worth. your client tells me, a half
million dollars. To take II from the
owner for a mere thousand would be q
striking injustice. II the law per.
mitted this wrong, would your con
science permit it,"
The attorney standing at the door
laughed without disturbing the mus
cles of his face.
I'VE will take exactly what the
law gives u.s." he said.
81 thought that" replied Randolph
Mason, his prodding ended, his voice
now lashing like a whip. land. there
fore, l have taken care to see that the
law does not permit this wrong 10 be-
come effective. II you look at chapter
n~inety-eight Of the Code OF the state
in which this oil territory lies, you
will discover that no contract for the
sale OF real estate can be enforced in
10 SOuiNS uuiebS ludl NOhGdNt, u
some agreement or memorandum OF
II. be in writing and signed by the
party to be charged thereby or his
agents. A contract for the sale of
land In that state may be made In
the presence of a hundred witnesses,
every detail agreed 1t, he bargain
struck. or assented to. ended. and yet
1t cannot be enforced In its courts
without some signed writing. This
act is called the Statute Of Frauds. I
commend Il, likewise, TO you for the
value OF it's name"
The hope rising In Roger Shelton's
eyes, called up by the words Of his
counsel, died there. His mouth. bleed
ing from the impact Of his enemy's
knuckles on the bone, fell into a bag
gy gaping. He turned painfully
through the door. The attorney
remained a moment, looking AT
Randolph Mason. He had been out.
witted, baked. juggled with, then
grilled IN the FIRE, and yet he came
forth unmoved, a Narraganset from
the stake. He followed his client
slowly out, his face placid as though