The Evansville journal., 1868-04-20
TNITEp sTATEs ClkCTIT OoURT.
Important Suits Commenced, InV0lY-
Ing The Title 20 Gibson County
Lands

[Reported for the Evansville Journal
INDIANAPOLIS, IND, April II, '68.
Two Bills in Chancery were filed
In the United States Circuit Court yes
terday which involve the settlement
of matters of considerable amount,
and the quieting Of the title to some
1850 acres of land In Gibson County.
The averment is that in the year 180-,
Elijah s. Alvord, Nathaniel K. Al
word and William Carpenter. of Con-
necticut; John Love, of Indiana, and
Peter Latimer, of Ohio, formed a
partnership, in the name of William
Carpenter & Co., for the purpose of
contracting with the Evansville, In
dianapolis & Cleveland Straight-Line
Railroad Company to build that
portion of their line lying be-
tween Evansville and Indianapolis;
that they made the contract and ex-
pended 100000 on the work, when
the Company failed, and soon after
the firm also failed and became wholly
insolvent. They say that in part pay
ment for the work done, the Company
turned over to the firm large quanti-
ties of land in Gibson and other
counties along the line, the deeds be-
ing made at the request of the firm to
the two partners, William Carpenter
and John Love, for the benefit Of the
firm. This firm had contracted large
debts TO carry on the work,
and Oliver FL. Smith endorsed
large amounts of their paper. Said Car
penter and Love conveyed the land to
said Smith to indemnify him against
loss, and said Smith made and deliv-
cred to said Carpenter and Love, at
the same time, defeasor or releasor
of one undivided half of all the lands
In Gibson County from the operations
of said deed. All the lands conveyed
to Smith, except this undivided half
of the lands in Gibson County, were
sold by Smiths executors to pay off
the Indebtedness for which said Smith
was liable The date Of the deed TO
Smith and the Teleasor, is March 26,
1853.
1t is further charged that said firm,
at Hartford, Conn.,, on March End,
1857, executed their nOtesto the order
Of said Smith for $4,000, payable at
the State Bank in four months, which
notes were endorsed by Oliver H.
Smith, N. r.. & e. S. Alvord, and sold
before maturity to the Connecticut
Mutual Life Insurance Company
Several payments were made on the
notes, leaving a balance of $3, ,926 81,
for which judgment was obtained in
the Marion Common Pleas Court, on
the 18th of june, 1868, against Will
lard Carpenter, John Love and Ma
than r. -Alvord, but no judgment was
obtained against Elijah 5. Alvord and
Peter LatimeT, because they were not
served with process. In July, 1863,
transcript of the judgment was filed
in Gibson County, and became a lien
upon said lands, but no part of the
judgment has been paid.
1t is averred, further, that In 1858,
James @. Reed obtained judgment
in the Gibson Circuit Court, against
Willard Carpenter, on an Individual
debt, for the sum of $2 200, upon
which an execution was issued and
levied upon the lands described, and
released as aforesaid, and said half
interest in said lands was sold for a
nominal price to said Reed, he taking
a Sheriff's deed, though he knew
them to be partnership lands. 1t is
further charged that before said levy
and sale, Dewitt G. Keller, Alvin
Carpenter and Willard Carpenter
made an arrangement with said Reed
that he was to purchase the lands at
a nominal price on his execution and
convey them to Keller, who was to
pay off said Reeds judgment. Reed,
In pursuance with this arrangement,
quit claimed the lands to Keller. and
the latter paid off the judgment. Said
Keller is now in possession. of the
lands and claiming them, except such
as he has since conveyed to other
parties, named John c. Martin, w. w.
Richardson, j. j. Williams and David
W. HeiTonheimers, who knew, as is
alleged, how the title was held. the
Insurance Company, Elijah S. Alvord
and Nathaniel r. Alvord, who bring
the suit, say that they were no parties
to the releasor of the lands IN Gibson
County by Smith, from the operations
OF the deed to him, and that the same
was made without their knowledge or
consent; that said Smith was re-
leased from his liability on the notes
held by the Insurance Company, by
reason OF It's non-prOtest and want of
notice. The petition is that the real
estate be declared subject to sale in
satisfaction of the judgment in favor
or the Connecticut Mutual Life In
surance Company, aud that the deed
bv tho sheriff 70 K alfor 81 l