Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1856-05-09

the order book Of the said court Of
Common Pleas, No. forprobate bus
mess at page go.
John Riggs vs. Cobun Murray,
comes the said plaintiff. and there up
ON comes the said defendant and adj
mits the said claim, and by agreement
lets iudgemenugo for the sum Of seven
hundred and twenty four dollars and
forty. three cents. 1t is therefore con-
sidered by the court now here, that
said plaintiff do recover against said
defendant. the said sum OF 1874, As to
be levied and made of the goods and
chattels Of the said deceased, in the
hands Of the said administrator, and it
| is ordered by the court, that said ad-
ministrator do pay fifty cents on the
dollar on said sum SO recovered as
aforesaid"
Now 1 aver that this judgement and
order were entered in the absence OF
Mr.. Rowland. the attorney Of the es-
tate of Mr.. Shoup. and without con-
sulting him; and would not have been
rendered with his consent, that it was
also done in the absence OF Higgs, al
though the record is made TO say. that
he was present, but he was only there
by his attorney. John S. Reid, who
was at the same time Judge OF the
court. On the l4th Of the same month
he addressed to Riggs letter. COM
municating this pleasant in telligenc 9
Of which the following is copy.
CouRr AT BRooKvrLLE. Sat-, IA. 4. "a.
DEAR SrR:-I have obtained against
the estate Of Mr.. Shoup. judgment
for $3.50. 10 with an order TO Mr.. Co.
burn Murray, administrator. TO pay
you fifty per cent. on this sum. equal
to $500. IS which he will pay either to
you at Laurel, or here on demand.
l have seen Messrs. Cullum and
White. and they have promised me to
see the balance arran yed, so there Is
no danger of the note, or any part be-
ing lost.
Call on Mr.. Cobun Murray and
this letter will be your order for the
money. Very Respectfully,
JN0. s. REID"
Accordingly Higgs called on Muir
ray and Of their interview a receipt
was the result Of which the following
is a copy. endorsed on the above pre-.
cious letter.
Received Laurel La. April Goth
1854, from Coburn Murray, admins
| traitor Of the estate Of Geo. G.. Shoup
deceased his check on Brookville Banl
for three hundred and sixty and thirty
i Eve one hundredth dollars, for tn,
within amount specified, and paid al
per within order
JOHN HIGGS."
OF date cotemporaneous with thi
receipt but probably, in fact, I
later transaction, there Is on the mar
gin Of the judgment, above recitet
another receipt for this money, thu
body OF which Is in Reds hand wri
ting. And at the bottom Of the judg
ment on the record, there Is replevir
bail obligation. signed by II. H. Cul
lum, on condition, and below this. ar
agreement in the hand writing, ant
signed by John S. Reid. as attorney
for the plaintiff. to stay execution, DC
I At the following. the July Term @
the same Court, Murray as admins
TRAITOR. produced his FIRST account 70
settlement of said estate. The dis
voucher for which he asks q credit, Il
the above receiptof Higgs. on. tho basl
Of Reds letter. The letter and receip
are both to be found In the papers o
the estate. on 6 lie in the clerks Office
The account was allowed, and with 1t
Of course the payment Of fifty per cent
upon Higgs claim, while no other cred
itor. Of Shoup. Of the same class. ha
received one dollar, and the estate vii
not pay ten cents on the dollar. d
this same day the estate was declares
insolvent by the court, and ordered /
be settled as such.
On page q73. Of vol. 2. Revise
Statutes Of 1859, sec 100 reads thus
mo claim against such estate. ex
ceptjudgments which are liens upon.th
decedents real estate. and mortgage
> Of real and personal property. existin
in the life time Of the decedent, and I'll
expenses Of administration, funeral ca
penscs. and expenses Of last sickness
shall be paid until the expiration q
: one year from Me first issuing Of letter
! thereon. unless Il shall appear to III
proper court that the money belongin
: to such estate in the hands Of the vx'
cutor or administrator or paid inf
= court. is sufficient TO pay all claiml
up to chat time. allowed against III
same. and that such estate Is clearl
solvent.
The very law establishing the Cou
. Of Common Pleas. positively enac,
that no Judge Of such court shall pra'
}. tee law In his own court. which is
: rule Of universal application.
3 Reid failing TO get more than Gf'
n cents on the dollar Of the claim. afte
" wards instituted another suit in Il
. Franklin Circuit Court, in favor
! Riggs. against cullum and White. {
n the same note, and partly by his ON
J, testimony volunteered for Higgs.
to admissions made to him by Viii
+ and CuIlum. he obtained judgment &
10 the balance. and on the judgment
> enters n lien for his fec ia his own har
:. writing.
10 Here we find John 8. Reid, while {
. the bench--a Judge-practising Ia
Is In his own Court. lie takes the supe
L vision Of n claim against an estate
&c sees the parties who ARE securities a
. on Ii, obtains u judgement against Il
81 estate, corresponds with his ellen
and gives him an order for the mo
Z. ey.
OF Here. too. we find him. obtainir
Of an unjust and illegal judgment in 4
ii vor OF his own client, for 80 cents
IL the dollar upon his clam. The jud
n. ment WINS rendered April IL. 1875
IA and the letters of administration