, 1872-12-29

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for the board OF Mrs. 3. and her father, amount
ing to S75. upon which was credit, leaving q
balance due him Of $3.50. This bill mr. Hig-
ham, father Of Mr.. Bostwick, paid to Downing,
Oct. Is. When Bostwick died, tho body
WAS taken BY his wife and her
father to Upper Alton, and HiSham
returned to Chicago to take charge OF his effects.
Paul Cornell had been interested in somo deal
ings with Bostwicl, andfurniBhed the coffin, and,
when Higham returned to Chicago, Cornell pre-
sented his bill. At this timo it Was known that
Bostwick had purchased, and was in possession
Of, the so acres in Section 8, and had fenced and
improved the same but, owing to his illness,
he had not paid certain bills for lumber, posts,
grading, ETC., amounting to S1.G36, and also
$4,000 OF the purchase money. It is alleged that
+ Cornell and Downing. suppressing the substantial
facts OF the ownership of this so acres, and es-
pecially the papers relating thereto, represented
sold it to Ra]ston B. Palmer for $1,000, paying
out Of the proceeds the bills for improve
ments, Corncls bills forlegal services, Downing's
commissions for making tho sale, and Cornells
bill for the coffin. DC. Tho rest Of the money
AMI notes was s240, OF which Cornell gave
Highazn $3.50. This was on tho 18th Of Octo-
ber, 1855, and from that date until the summer
of1S72, none OF the Plaintiffs had any informa
ton Of the real interests Of Bostwicb in Chi
cago, nor had they any notice or knowledge Of
rF+ +1o, ,1.i;.
have taken place since then, though during
the whole time they have resided in the family
mansion at Upper Alton in this State. They
now claim that tho real facts Of the case ere es
follows:
That on Nay /, 1855, John Bostwic?z purchased
the southwest L Of Section Il of Mark Skinner,
forthe sum Of ZIG o00 or 5100an acre; that paid
$4,000 cash, giving bond and mortgage payable
in FIVE years with interest included in the notes,
that is to say, 81 ,0Co year for four years. and
$4,000 in i've years. That he had On the 5th Of
June, 1855, purchased Of David Hcss the 80
acres in Section 8, for the sum OF S24 900, to bo
paid according to the terms OF writton contract
then executed and delivered By Hess to Bost-
HANas - ID At4SEA tAdI FOuU NAB pAlQ LII ClSQ
on signing the contract, and note for s., 500,
payable in four months, and bearing interest at /
per cent month"; was also delivered; the re-
naming s21, 900 to be paid in instalments running
through several years. That said Rostwick took
immediate possession, fencing and improving
the said 80 acres. They allege that Bostwick,
between the 9Th Of June and the day OF his
death, in September, was offered $4,000 for
one-haf OF this so acres, and refused, insisting
that it was then worth sS0,000.
They further allege that they have discovered
that on the 17th Of November, 1855, one month
after the settlement with Higham, Downing,
Cornell, Palmer, Lewis r. Stone, benjamin T.
Smith, David Hese, and others, petitioned the
County Court for letters Of administration on
the estate Of John Bostwick Stating that Dost-
wick, when living, was q resident of Cook Coun-
ty; that he had left property consisting OF landa;
that he WAS indebted to Downing for his bill
for board; that Downing swore to tho truth
Of his petition; that letters Of administra-
ton we're issued to him, Paul Cornell and LOWS
". Stone becoming his suretios. It is further
recited that Downing filed IN inventory Of the
real estate owned by Bostwick, including therein
the 160 acres in Section H. and the so acres in
Section 8. He also filed statement that the
100 acres was subject to an agreement to sell
one-half the same to Paul Cornell. They de-
the title Of the so acres to be agreement
upon the part OF Hess to sell the same to Bost-
1ria 4 ho 11>
in four months; which s2,600 WAS not paid,
Bostwick having died in tho interval. Downing
fled his bill for board for s3G.50; Paul Cornell
I'LL for $103.55, and S. S. Greedy for $40, which
ton is made OF any money received from Palmer
under the alleged gale to him. In March, 1856,
Downing, Is administrator, pctitioned the
Court, and obtained an order OF sale Of the real
estate Of Bostwick, to pay debts, alleging in
said petition that Dostwick had rcCided in Cook
County, "and causing it to appear to tho Court
that there were minor heirs of said deceased,
whose names wero unknown, having no legal
guaEdia;: residing in this State" On tho ed Of
April, 1856, Downing, as administrator, sold the
to Paul Cornell, and the so acres to Ra1Bton B.
Palmer, for $50. On the 7th Of May, the report
OF 3.lcs was confirmed by the Court. Before
the sale, or the confirmation thereof, Down
ing had executed to Palmer and Cornell deeds
for the property subsequently sold by him; ro-
| citing the consideration to DO $50 in each ccso
Cornell at once took possession Of the 160 acres
and Palmer Of the so acres. Tho plaintiffs allcge
! that all these proceedings Gales, tranefers, otc
aro void, because false and fraudulent in every
respect. What adds to the complication Of this
case is, that all tic original papors OF the County
Court and eli the original records wcro destroy
ed BY the fire in October, 1871, and tho case will
have to bo contested upon evidence other than
tho original papers. Tho children Of the deccas-
ed BotwicI were all minors at the time of their
fathers death, with the exception Of ono married