, 1873-04-21
THE COURTS.
Smart Dnt Dishonest Dealings in Land
Alleged,
A Railroad Company Owning Money
Under Three Different Names.

When Courts Acquire Jurisdiction
in Appeal Gases.
John Baldwin, Jr., brought suit, in Chancory,
III tho Circuit Court, against Richard J. and
Ambrose u. Rn,,dell, David NJ. Hamilton and
John Smith. Complainant avors that on Goth
July, 1871, ho obtained Judgment ngallsst tho
.1sundolla, In tho Superior Court, upon certain
promisnory notes, for the hum Of sc, 1878; TINT
an execution issuol tho Same day, which re-
mainod In tho hnnds Of tho Deputy Shoriff until
the tlre OF October, 1872, no property boing
found upon which to lovy 1t; that nothing haa
beon paid OH the judgment; that on lat July,
1867, tho Rundol1s wore ownerB OF largo and
valuable tract Of 1nnd, TO w.t.: The e. 3G Of 3.
W. u Of Soc, 81, Township 40, north range 10,
4. Of third principal meridian, excopt tho 10
acres In tho N. W. 4 Of the N. W. 4 OF
said 8. ". Il Of Enid section, which land
y they mortgngod on that dato to David
Hamilton to secure tho payment of
promlssory note for $500, witt, per cont in
toroat, and providing that If default should DO
mado in payment Of othor principal or interest
on the days whon euch should become ditto and
payable, the whole OF Baid principal aud interest
should, at Hamilton's option, become inmediato-
" duo, aud that tho mortgage might bo foro-
closed to pay tho note on Hamilton's publishing
notice in Chicago newspaper ton days before
the date Of sale; that tho Rundella again mort
gngod the promises to David N. Hamilton on
Dec. 90, 1868, 10 eecure four promisBory notes OF
$4,000 each, with 8 per cont intorost, payable
ono, two, and four yeara aftor dnto this mortgage
containing powor Of eale also; that subaa-
quontly to tho giving Of these mortgages, Ham
ilton gave the 1undo1s rolonse doed Of ..cortain
to aeros Of the promises abovo mentioned, lcav-
ing to secure tho said mortgages tho remainder
Of the promises, containing sixty acroB that the
.Rundefls, defendants to this suit, conveyed. on
1areh IT, 1870, the saa ten scrsB q s t., to @ ono
ranty decd tlnt on the 14th OF April, 1871, sale
waa made OF tho said mortgaged promises. at the
Court House, but frauduleutly, as complainant
moro fully states horeaftor t9at about tho t l1th
David NJ. Hamilton to John Smith, OF 412 West
Twenty-eighth street, New York, showing that
John Smith purchased said property at ~ auo.
ton ealo for the ,o7' n no. o. tint aDoue e ,e
claim deed, W,rporting to convoy to said Smith,
for,the consideration Of ST. tho raid property
that about tho 2sth Of April, 1871, said Smith
mado quit deed to Hamilton, pu1portlng
complainant boliovos neither Hamilton nor
Smith WAS prosont Of tho aforesaid Hale,
but it vas mado by ono Harrison, and
ss pIsss for tha so tho sna one The osis esl
purchased; that no other porson WAS present
bidding; and that the recitals in said mortgage
deed from said David n. Hamilton to said John
Smith, in that bohalf, aro untrue; that COM
plnnant believes that neither Harriaon nor
Whitehead had my authority from Smith to bid
FOR him at snid salo, or purchase such prenlisos,
and TINT John Smith had no knowledge Of tho
occurrence OF said Halo, or Of the purchase made
IL 1.Fkr ~kui.
that Hamilton is fathor-in-law Of either Of tLo
Run1oll's, and complainant belioyos that Smith
is q partner in businoss with Harailton; that
Smith did not pny my consideration for tho
nor foTe tho dOod from tllo Rundolls to lin:
BY Hamilton ~ to smitl, for for the rtha
conveyance from Smith to him but he unarGos
fraudulent arrangement between tho nundells
Rnd Hamilton, with intont to convey him tho
title FREQ from tho Lions Of any judgments that
might bo standing against the Rundollo, ospecl-
ally to cut of complainant's lien, and to dcfrand
Rundells creditors; and that Smith was used by
them MS d convenient channel through which to
pass tho tito Of said promises to Hamilton; that
complainant believes tho making OF tho second
mortgage from tho Rundens to Hamilton, aud
secured by the first mortgage by the Rundells to
Hamilton, and from tho Time OF tho execution OF
tho SECOND mortgage tho first ceased to be-
wild lien upon tile premises, but TINT the
first mortgage was allowed to remain
premisea with intent to miBload tho
creditors of tho Rundolls; and induca them to
think that they were mortgaged to their full
galo whatevor under tho first mortgage; that tho
title to the promises is nav held by Hamilton,
as Trustee for the benefit Of the Runi1olls, and is
subject to the lien Of complainant's Judgment,
butt consequence Of the aforesaid mortgageo'a
a01c n11 mr. rtfTnVo md IN
Smith to Hamilton, complainant Is unable to
Hell tho RundolI's intoroHt to satisfy his judg-
l..I1; mont that no sum OF money waa over pad by
enseos e Or se any but oien # Phe e nas saa @ Gf 5y
Smith, as atnted, the sun, Inns not boon paid
over by Hamilton to tho Rundols, but il atill
hold by him that II tho Rundclls wore indebted
to HaInilton,, it was but for a small Fart OF
bnlance duo tho Rundells still held by Hamilton,
which surn should bo subjected to complainant's
lien. In consideration OF which complainant
defendants may 10 examined upon the charges
brought against them
INTERESTING RAILROAD CASE.
A very interesting suit was triol boforo Judge
sued tho Chicago, Cincinnati l. Indiana Central
Railroad Company for the amount OF notes made
by the Chicago D. Cincinnati Railload, and given
by them to plnintiR. Since tho milking Of Tho
notes the latter Company waB Anlnlgnmnted with
the Chicago d ureat Eastern Railroud, unlor tho
lattor nanle, and tho new Company a1na]gamated
with the Columbus j. Indiana Central haroad
Company under tho name in which defendants
nre sued. Tho notos wore for s2,749.G8 aud
date. thereof, stgnod BY W. D. Judaon,
President, aud connteraignod by Amos Tcnnio,
Treaaureri and payable to the order Of T. Munro,
tho first datcd Narch 10, 1861, tho second Auguat
~, 1861. The case, which waa submitted with
nYIk iurv ryna nhIy crrucd hv fan WILLARD for
plantiff and 2. Walker, for defendant, tho lattor
OF whom held that tho present company was not
the ono which made tho noto and cannot legally
be hold liable therefore, His Honor tooli anotli-
or Wow Of the oaso however, and gave Judgment
In favor Of plaintiff, with sG,130.04 damages.
Plaintiff accepted tho finding and motion for q