The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1874-09-18
From the Grand Rapids Democrat, Sept IL.
LOOK WELL TO YOUR TITLES.
AN IMPORTANT LAWSUIT.

| VI iduu III Oceana OOuulli huSiS lh'
village of Pentwater now stands. They
plated the village, and then being EN-
barrassed financially made an assign
ment to one Roosevelt for the benefit OF
their creditors. About six months al
forwards Roosevelt conspired with one
Jacob S. Brilliant 10 cheat both Rector
! and Cobb and their creditors, out OF al
the avails of the property, and convert
it to their own use For that purpose
Roosevelt made sale to Brilliant for a
small sum, with an understanding that
Brilliant was 20 sell it out, and divide
the proceeds. AS soon as that became
known bill was filed by Rector IL
Cobb, and another one by the creditors
to have the sale set aside, and the as
signment cancelled, and the ASST gnee
compelled to account, &c, and for the
next three or four years the property
was in constant litigation. But the li'i
cation was finally ended, leaving the
property just as it was when the suits
were commenced.
Shortly after that Rector was killed,
and Cobb moved to the city of Grand
Rapids, but never gave up anticipating
that he would some day realize some
thing from the Pentwater property un'
til he died, about year ago. But be-
fore his death he placed his claim in the
hands of attorneys in the city of Grand
Rapids that said it could be recovered,
and as he left two daughters he wanted
his portion to 60 to them.
In the meantime Roosevelt and Brill
hart had sold off the land by lots, and
the village of Pentwatcr has been built,
now a village of over 1000 inhabitants,
with lis large stores, schoo houses and
churches, one Of the finest villages on
the Lake Shore
The inhabitants having taken exten.
sive legal .our SCI from many Of the best
lawyers in the State, felt secure in their
title But test case was commenced
against one of the wealthiest merchants
of the village, and notwithstanding it
was a test case for the whole village, it
created no particular excitement, the
inhabitants feeling so confident of their
case that they regarded it as a mock
trial. But the case was put on the cal.
endar for the September term, and when
it was called D. Z. Corbitt, Of the city
of Grand Rapids, appeared as counsel
for the plaintiffs, and L. d. Grove, Of
Pentwater, and Judge Littlejohn of Al.
Logan, for the defendants. The parties
both announced themselves ready for
trial. The next morning Judge Little.
john stated that, owing 10 the absence
of certain witness to prove the execu-
ton of certain papers, he should want
the case postponed for a week and as
the case involved a great amount of
property, he deemed it advisable to move
careful
Mr.. Corbitt then stated to the Court
that he was there to try the case upon
its merits, that the case before the Court
was onl y prelude to one hundred more
that were to follow it, that the questions
to be tried in this case involved $500 900
worth of property, and he deemed it un-
becoming in any lawyer to attempt to
try case of that magnitude upon any
technicalities, and any matter that the
defence would be able to prove at any
future time, or on the trial of any future
case would be admitted on that trial, he
expected to win the case, but he wanted
to do it OF the merits, and he should
accord 10 the defence an opportunity to
make the strongest case in their power,
and he did not want a Judgment unless
it would stand the test Of the Courts for
all time hereafter. On that statement
Judge Littlejohn said he would go to
trial. The trial then commenced. The
plaintiffs then put in their chain of title,
from the government down to and in
Guiding the plaintiffs, and vested their
case. The defendants then commenced |
20 put iu their title, and started with
the assignment from Rector Il Cobb to
Roosevelt, to which the counsel for the
plaintiff objected, claiming that the as.
signmcnt was void and conveyed no title
whatever That was a startling propo.
sition, and if sustained disposed of the
title of every lot in the village, and sew
eral hundred acres of land besides The
question was sharply discussed by the
counsel on both sides, Corbitt stating
that the assignment was of no more lie.
gal effect than the Beecher scandal would
be if offered in evidence At the close
Of the discussion Judge Giddings, who
presided with all the dignity of Chief
Justice Marshall, took the records and
carefully read them, and then reviewed
The arguments for and against, and final.
y stated that he was aware of the i'm.
oortance of decision that was to dis.
pose of such vast amount of property,
out the objections of the plaintiff, were
we'll taken and must be sustained AT.
,er that the defendants tried to inter
pose several other questions by way of
,stoppel in that particular case, but
allied to prove them, and the judgment
vas rendered for the plaintiff
BY this decision the legal title of near.
y tha pbola VILLAGE of Dnuttya.ar =, 1