, 1874-06-09

ESt
askod leayo to sit again, and tic Doard adjourn.
cd until Monday at 2 p. m. ..
THE ,CoURTs. "
ufscellnneous Business Transacted
Yesterday.
oAuLF1ELDs q ANSWER.
About month ago William Il. Warder filed a
bill In tho Crouit Court against Bernard G. Oaul-
field and Henry Waller: disclosing m alleged
fraudulent transaction In regard to Lots OF
Blocks 90 and 10, Of tho 8. ". 4 Of tho N. ": Il
Of Sec. IL, 50, H. containing about 81 acrea.
Warder charged In his bill that about 1864 Caul.
field was practiclng attorney Of this city, and
vol acquainted With tho value Of real essats,
He, relying on Caulheld'a nbility, employed him
az his. legal advisor md attosney. Abort
tho samo .sime Wartler wished to .pur-
chase tho two lots or blocks eboro
mentioned, md mado an agreement
with Cau1old. whereby tho latter was to tako the
property in his own nnme, md pny the frat in
stallments duo or to become due, Warder paying
$1,000 down, and giving two notos for e2,077,
eaeh. In Blk years With interest. In pursu-
anco OF this arrangement, Caullold bought tho
property, paving 3D. 400, part in cash, and giving
notes or. assuming incumbrancos for tho
remainder. A year or two after tho land was sold
t,ndor q mostgage for about $780,. CaulAeld not
boing ablo to pay tho amount, Wardor char ges
that tho property was bought in By some parties,
and held in trust for Caulaeld aud that this pro-
cccding was adorted to avoid his NYnrder's)
equitable claim to ono.hhlf Of. ;. tho
premises. Previous to this, Caulheld had SUBJ
divided Block 32 and recorded the plat OF under
goquenty Mrs. Caulfeld became poasossad Of q
half OF ono Of tile lots, and Cauhold OF the 9TH
or half, aud nlHo tue whole Of the other. Both
now dony complainant'a right to any part Of tue
tiou OF trust, Which was recorded. but destroyed
In tho fro. Wardet, therefore, asks specific
performance OF the trust. and that his title to
one-ilalf Of Blocks 80 and 40 may be doclarod. q
his answer yesterday, as did also his wife. The
luttor admits that Rhe owns oue-haif Of
ono Of tho blocks, but claims TINT it. WAS
purchased innocently, with hcr own money.
and donieH any fraud or bad faith. Caulaeld, il
lis answer, donies that he was, IN 1851 eatab-
lshod tn practice here; and acquainted with Chi
cago real eetator or engaged In buying or solIing
it, but, On tue contrary, ho had shortly before
como to Chicago from small town In Kentucky.
with no knowledge in tho real ostato business,
but with good standing tn his profession. Ho
moreover denies that he waa employed as either
attorney or counsellor for tho complainant. Tho
allegations as to any agroonont having been
nude that he should buy Blocks % a.,a 10 on
" false. Ho admits that ho owns Block 40
and half OF 90, but aays that he bought
both Of Cltckoring & James for about 80, 400, aa-
su111lng, an part Of tho price, o mortgago for
$500 aud q tr11Bt-doed for about s3, ,O0O, Qaul-
lieid admits that about tho timo le made! this
purchase :.Narder deyired to mako Homo arrange
lnott by which le might acquire at some futuro
time m llndividcd halt Of the laudB, and an
agreement was malto or understanding had that
Waracr might, under cortain conditions, have
the privilege Of Duyiug half iptercst But it ia
claimed tllut ,Wartler mover Kent his contract.
and that moro tIiau twelyo yeara ago tho defend.
mt rencinded 1t for upu- compliance Herewith,
Cuulfell further sayg ne hoped that Walder
would Join In tho purohaso and relieve him. and
that ho ofton urged him to do so. Among
other things he subdividod block 49, md.
having 'uo ambition to perpetuato Ills own name
OH the map OF Chicago onyirons," lie called tho
pint !" Wardor's Subdivision" horine thereby to
induce Wartlor to joiu. Owing to lia continued
rofuBal or neglect to contribute. CaulfeId Haya
he was seriously iuyoIyed. aud, being unablo to
pay tho mortgage, lilo lantl was sold ut lesa than
lAo amount Of the inounbranco, and tho rpst Of
tue mortgages woro hold In terrorem over. his
loud. Judgments wero also rendered against
him for other obtH,, and liB equity OF redatnp-
tiou soizod. Flo purchased in tho land subao-
quantIy under aoilo OF tic Judgments, but
not with u fraudulent object, Iut mcroy to
facilitate settlement. Tic mortgage which
complainant gaye Warlor was wholly yil, ho not
having any right to give it, and ii not creating
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