— Part two —
An unnamed party had reportedly offered to purchase the Pratt Camp lot but had been refused by Galvin.7
The public and Charles Pratt would soon learn that party was Theodore Basselin.
The desired oblong-shaped 20 acre Pratt Camp lot was located on 80 acres of Lot 55 presumed to be in Herkimer County, and that the state comptroller had ruled in 1855 to be in default for taxes.
After due notice, advertisement and auction by law, the acreage was sold in 1866 to a Hiram Buck who never redeemed the deed certificate.
Galvin’s group only learned of this after the May 1889 purchase from the Munns and wanted clear title to complete the sale to Charles Pratt and receive payment.
Their purchase from the Munn Estate had included a $7,000 mortgage on which they quickly wanted to begin payment.8
To redeem the certificate for the 80 acres, Galvin sent Samuel Garmon in July 1889 to Albany for the purpose of obtaining the tax redemption certificate for the deed.
Galvin knew Garmon from the years they worked as superintendents of the Black River Canal.
But Garmon, a new co-owner of the nearby Old Forge Tract, was also the appointed State Warden whose boss was none other than Theodore Basselin, one of three newly appointed State Forest Commissioners.
So, Garmon purchased the transfer and obtained the comptroller’s certificate but instead of delivering it to Galvin, he followed instructions from Basselin and handed it to him.
Galvin and the other partners believed Basselin ignored Galvin’s agency because Basselin wanted the lot, possibly to personally gain from the sale to Pratt.
Subsequent events proved this to be true, though we may never learn Basselin’s side of the story.
Since the matter was not settled by the time of the Pratt transaction, January 1890, the members filed a pendency suit early in February to (1) compel Basselin to deliver the certificate and (2) to have Basselin’s possession of it judged to be in the same trust as in Galvin’s hands.
The group also met with Garmon that same day to reimburse him for the transaction costs with interest from the prior July ($185) plus $20 expenses.
Garmon refused the money and refused to retrieve the certificate from Basselin.
Galvin then deposited Garmon’s funds in a local bank subject to Garmon’s demand.
Basselin quickly had the transfer recorded by Hamilton County, legally acquiring the land.
The court’s judge then ordered that Basselin could receive the deed but could not make disposition of the property until the “pendency” was settled.9
In September, Basselin conveyed back his share of the Munn tract purchase, cut ties with the association who then transferred the 20 acre Pratt lot, now determined to be solely in Hamilton County, to Basselin.
Basselin then sold the tract to Pratt a month later for $200.10
Charles Pratt died May 4, 1891