The Sylvester Family of Plainview, Minnesota*

Edwin Sylvester's homestead found exempt in bankruptcy; remainder to be sold

March 19, 1926 - April 16, 1926

PAGE 215

Austin’s of the transaction in question, if in fact any transaction took place.
Austin’s testimony was characterized by the court as barely sufficient to have warranted a verdict in his favor even though it had been uncontested and his story of "settling" with Sylvester for two notes, totaling $5,700, held by the bank, with $3,500 in cash which he carried at all times in his pockets as "sporting money" for speculative purposes, was termed extremely strange and hardly believable.
The fact that the bank brought the case to trial in the absence of Sylvester was held no ground for denying a new trial, as the court declared that there was no reason at that time to believe his evidence ever would be available, in view of the fact that the bank as well as state and county authorities had failed to locate him despite unremitting efforts.
The case was tried at the fall term of district court at Wabasha and is expected to have its second trial at the coming May term.
April 9, 1926-

E. L. Sylvester Property Here Found Exempt
Land on Two Sides of Homestead Retained by Bank
Decision Made in Bankrupt Case This Week at Winona
The Sylvester homestead and personal property were exempted in the bankruptcy proceedings in a decision given by Referee H. M. Bierce of Winona this week. Proceedings in this case began April 2, 1925, when E. L. Sylvester was declared involuntarily bankrupt. On the petition of Mrs. E. L. Sylvester, claiming her right to the property, a hearing was held at Winona, the trustee, C. L. Mikkelson, through his attorney James A. Carley, presenting his side of the case and the expenditures of the Sylvesters during the past eleven years. The hearing was not completed at that time and after several postponements, E. L. Sylvester was captured and returned to this state where he entered a plea of bankruptcy and Mrs. Sylvester’s claims were dropped. The hearing of the latter petition on March 27 resulted in a decision.
In exempting the homestead, however, the court sets aside only the property on which the residence stands, a lot 72 feet wide, which cuts off the driveway, and extending back 300 feet. The frontage of the property is 252 feet which leaves a strip 96 feet wide and extending back 300 feet on the east side of the house and a strip 84 by 300 feet on the west side besides a garden plot back of the other residences in that block. These two strips have already been sold by Mr. Mikkelson for $2,500 to Matt Schilling.
In pressing the claims for title to the property the banking department in behalf of the depositors cited the fact that most of the property had been purchased with money taken from the depositors of the bank and from trust funds in the bank, arguing that for that reason the property rightfully belonged to the depositors. The same was true of the insurance policies which totaled over $20,000, but as these had been used to secure loans they were of no value. They also claimed that Sylvester was not entitled to protection in this state having left here as an absconding debtor with the intention of establishing a residence outside of the state.
The court’s decision points out that regardless of the circumstances in the case the law allows the exemption of the residence used as the home of the bankrupt and the personal property used by him. The decision expresses sympathy for the depositors but Mr. Bierce states that they must conform to the law and the deficiencies of the law must be taken care of by the legislature.
April 16, 1926-
Sylvester To Face Charges at May Term
Former Plainview Banker to be Brought into Court Again
Will be Returned to Wabasha to Face Additional Charges
Grand Jury to be Summoned – Stoltz Case to be Tried Again
Wabasha Minn. April 10 – Edwin L. Sylvester will be brought back to Wabasha to face additional charges at the May term of district court, county Attorney John R. Foley

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* SOURCE: Manzow, Ron (compiler), "The Sylvester Family of Plainview, Minnesota - a collection of information taken from the Plainview News, other newspapers, letters, and diaries beginning in 1884": Plainview Area History Center, 40 4th St. S.W., Plainview, MN 55964. Compiled in 2001.

NOTE: from Ron Manzow, December 2001: "Feel free to reproduce the pages for anyone who wants a copy. It was compiled to be shared... All I ask is that they consider sending a check to the [Plainview Area] History Center to help us out. That should be enough."