, 1874-01-31
B0STW[CK-HESS.
Reoapitulation Of tho Chief Features o1
tho Case.


day by Judge Moore for waut OF equity.
Tho notion waa commenced by bill, In |
chaucory brought by tic llatrB Of one John Dost- |
wick ngainst David Hoss aud liz othcr dofond-
ants. to rocoyor tho possession Of tho W. n Of
tho 8. w. Is Of Soc. ., r. 38. N. Il. II, contafn-
lug 10 acres, aul Bltuatod betwoon State street,
Indiana avenue, Forty-Booond, aud Forty.alxtfi
stroetH.
In this bill Plaintiffs sot forth that, tho 1at
OF October, 1850, tho United States conveyed by
patent to Petor pruyna tho 3. ". II, Of Soc. H.
I. So. N. II. IA T.; Tint afterwards tho tltlo to
tho land became voato1 In ont hlarh Skinner alll
Grafton Of $40, 200, sold tic same to JOHN Dost-
wick Of Upper Alton, Madiaon Co., I'll. that
John Dostwlck came to reside Ii, the State Of lii
nos iu 1882, and from tllonco uutl llis doatll ro
improved q ax-acro property md built thereon
mansion wlioroin lo reBidcd up to Ills death with
Ills family, DoRtwiek At divers times visitod
Chicago, aud boarded whtlo thoro ut tho llouBa
honesty and ploty aud Mofiodiat class. ..leador;
Dostwck was q man Of powerful frame, but Into
In life foil through tho latch Of Hteamboat, md
doclhned IN health tAoronfter. In Aut'ist. 1s55,
tho plaintiff, Mary NJ. BosswicIs, wlo WAS the1,
at home In Uppor Alton, was scnt for by satd
Downing Oh account OF tho illuoBs Of John Bost-
wick hor husband, and, OH arriving at Down
inga house. found her Atleband parayxod, in
tho following month. Doatwick, as long DE- hn
retained consciousness, appeared to llavo Hono
huaiucsH matters OH liis mind which ho wishol
10 communicate to Ills wifo and tiled ut
to tho paralysis. ho was not able to do 90.
| Paul Cornell had boou Interested with BoRtwick
| in business, u,rl from DoBtwicka moneys fur
ulshod the funds neceaaary to purchase collin
aud carry tho widow mud corpse to his home in
| Upper Alton. Doatwck died interstate, leaving
behind Linn soyen childron. On tho tug 23d Of
| August. 1866, John Higham, tho father Of
! Dogtwick's wife, won't 10 Downing's house to
assist III the caro OF Haid Dostwck, and remained
tLcro until tho death Of tho latter, when ho Do
wick's lato homo in Alton, and returned after
! wards to Chicago to ta;o charge Of the effects
and settle and arrange tho affasrs Of deeeased.
1gam IN I'll thsp p, 4 1ra nqwnnG WnstwGa tue md i'm n
| own board. Cornell aud Downing aud thoir coll-
tho decd Of said lAutl, 30 TINT they had no nti-
nation tl1oroof until tho your 1872. At tho time
acres Of land, being the W. II Of tho :: ". x Of
/ SEQ. 8, r. SO N. r. IA L. Cornell anl Downing
| aud their confedcratcs, for tho purpose of rob-
bing tho widow and heirs Of tho estato,
and preventing tho administration ct It upon
that tho land was Of littlo value, and protonaetl
to sell the interest iu tho samo to ono Ralston
D. Palmer FOR the sum Of $4,000, notwitnstant,,
ing the sane was worth S60.U00, md suppressed
the contract Of Balo to john Dostwick, mud ap-
Piled tho money to the payment for t1e land anu
debts Of Bostwick, adjusting aud paying tho
SAME a. thcy pleased. Cornell, on the aan1o day,
let 1ligham lave St50, which was given to him
to got him to leave Cook County aud got ont OF
might 10 perfected and carried out
whereby the title to both tracts Of laul
might be obtained by aail pnrtios an1 tlcr con.
federatos, and tho widow and heirs Of Dostwicl
/ H.. t1knrnn
ing with Cornell, Ra1ston 3. pal.nor. Lewis y.
| Stone, BENJAMIN i. Smith, David Hess and 9th
crs fraudulontly presented to tue County Judge
Of Cook County, and lraudulently mannged tlM
might bo granted to Downing, who Thereafter
| filed nn Inventory Of tic real estate be
longingto DoBtwick's oatate including tho T. ". Il
OF Bee. II. and representing the same to b'
subject to m article Of agreoment Tor tho sale Q
also tho interest in Soc. ., which Downing
as . land agout III connection with Cornell, had
pretended to soil, and that there wore only tl,rc
, claimR filed against tho cstato but said Corlel
aud Downing md their confoderatos concoalet
from tho county certain su1ns which they had re
coved from tho pretended aale Of land t,
Palmer; in 1866 Downing presented ilis petitioi
to tho County Court for authority to soil th*
bought III, Paul Cornell buying tho s
| W. 4 Of Sec. II for $50, and Ilalston u. Palme
buying the other piece Of land for q lk'
amount. Noithor tho widow nor heirs Of Bost
wink haa notice Of tho proceedings for the sa
mnAtration OF tho estate, until tho year 1e?2
aud tho confcderatea contrvcd TINT Boatwlck'
. / interest aud titls iu the W. II Of s. W. Il o
Sec. . should aappear forfeited nnd Of no vGas
although they know that tho full payments hal
| up to tho time OF Dosswick's death, been mud
upon it. Tho bill act forth MI intricate maze 0
r transactions by which it WAS claimed tito wido'
, ! and heirs of tho deceased woro defraulod o
3 | their rights.
= Tho trial commenced week ago Wcdnesda
and was concluded yeaterday. An immens
amount Of evidence WIS taken, 4 latge part boln
oral, and considerable interest was shown.
Tie bill was, however, dismissed for want Q
equity, it not appearing. even after tho vonmi
t naua evidence taken, that such state Of fact
existed NJ entitled tic comptainants to tho al
Of court Of equity. An appeal waB Of cours
taken, aud tho caHo will bo sont to tho Supren>
Court ucxt October.
RAILROAD NEWS.