The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1874-10-31

complying WIN VIC 'CliliS VI Nllt NOulIuCl III
would be necessary for me to give the matter
my personal attention. proceeded to Phi
ladelphia and found that McCahan had offer
cd TO make the last payment before it was
due, provided the Trustees would make &c
him deed for all the lands included in the con
tract, which was that in case of default the
Trustees reserved the right to resell the lands
without notice to the defaulted purchaser
The said John McCahan failing to make pay
mcnt according to the terms of my contract
with the Trustees, | made the final payment
myself, and about the 9th day of October
! 1850, the trustees conveyed to me all the lands
included in my contract. A few days there
after the said John McCahan through q mu
tual friend proposed that if would author
iZe the Trustees to convey to him certain oil
the lands named in my contract, that he
would refund to me the amount of the last
payment, to which assented with the stipu
lation, however, that the deed to him should
provide thatthe land be held in trust for John
p. and James McCahan, the parties named in
viz
When, in pursuance of this arrangement
we met at the Office of the trustees, he (Mc
Cahan) said that as James, the younger the
brothers, would not reach his majority for a
number of years, and that in the meantime i,
might be desirable to dispose Of the lands, ii
would be better to have the deed made to
him (McCahan) without naming the trust.
finally consented that the deed be so made
but with the distinct agreement on his par,
that the lands should be held in trust for the
said John p. and James MeCahan, named in
the aforementioned agreement
The children and heirs of James McCahan
deceased, believing that the said John Nc
Cahan was not managing the estate or cXccu.
ting the trusts created by the will OF James
McCahan for their best interest cited him
before the court to make settlement, and
when doing so he made no mention of his
trusteeship in the case of the lands referred
to-
Exercising, as he did, the influence of a
stern parent over both John p and James
McCahan, he (as learned) induced them to
release to him their interest in the lands in
question, when, as l firmly believed, they
were not informed as to their real value. This
is particularly true of the younger brother
from whom the release was obtained immedi-
ately after he became of age. Believing as
then did, and as I still believe, gross injustice
was done to the said John p and James Nc
Cahan, as the lands had more than quadrup-
Piled in value, l, at the request Of the brothers,
made full statement of the case to W. II. L,
Wallace and James Strain, attorneys at law,
and said to them that if upon a thorough ex.
animation Of the case, they should conclude
there was reasonable prospect of gaining
for the said John P. and James McCahan
their equitable rights, they would pay the or
binary expenses incurred in the prosecution
of the suit, and that the said Wallace AID
Strain should receive a contingent fee for
their personal services.
After examining the case, the attorneys de-
cided that in their opinion, the said John p.
and James McCahan could recover the lands
and informed me that they could prosecute
the suit more advantageously in my name
than in the name of the parties IN interest.
Being convinced by the representations ofthe
attorneys, Messrs. Wallace and Strain, that
the rights of the beneficlares OF the trust
could be more readily secured by allowing
the use of my name in the prosecution Of the
nj nd haipr oil nccprnl hv fhop, bat
would be subjected to little or no inconven-
fence, therefore l complied with their re.
quest.
Such use Of my name was substantially the
limit of the connection with the case. All
further proceedings therein were managed
by the attorneys of the real partners in inter.
est, as is well known by them and by the said
John p and James McCahan, who will bear
testimony thereto.
j. |. Taylor, ESQ, who became connected
as an attorney with the case after the death
IF Gen. Wallace, is the only one of the par
lies whose statement can be Immediately OBJ
;ained, the others being non-resdents Of the
,tate-and which is appended as follows:
TAYLoR's STATEMENT.
PRINCETON, Oct, 1874.
BY request, will state that the bill, in the
case referred to by, Mr.. Campbell in his state
nent above, is in the handwriting of Gen.
Wallace, who was one Of the original attor.
leys in the case, that, on the death Of zen.
Wallace, was employed to prosecute said
suit TO final hearing, which | did; and that
we were finally beaten in the Supreme Court
On technical question to the effect that the
circuit court of Bureau county never had ju'
risdiction of the parties defendants. The
case will be found reported in Al Illinois
reports, page 46.
| will further state that | always under
stood both from Mr. Campbell and James
Strain, Esq, who was associated with Ten.
Wallace in the case from the time of its in.
ception, that the SUIT was not brought or prose
,uted for the benefit of him (Campbell1 but
for the benefit of John p. McCahan and