The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1875-12-01

M" W 0SOh hio hliIie'iSi u ~, CuI
in the stone - 2 TTfvyv
While the estate which once belonged
to Mr.. William Ingalls, was passing
from one person to another in the be-
wildering manner in which we have
endeavored to describe, Mr.. Ingalls,
had himself, for a time, looked on in
amazement. 1t finally. occurred to
him, however, that he would go to the
root of this matter of the title. He
appointed a skillful cpnveyancer to
trace that title back, ifpossible, TO the
book of possession. The result of this
Investigation was that it appeared that
the parcel which he had himself owned,
together with the additional parcel
bought and added to it by Smith, had,
in 1913 or 1914, when the book of
possession was compiled, constituted
the parcel, which was then in the "pOs>
session" of one ''Madid Engle," who
subsequently in 1860, under the name
of "Mauditt Engles," conveyed it to
John Vergoose. on the express con-
ditiOn that no building should ever be
erected on a certain portion of the
rear ofsthe premises conveyed. Nows
it had so happened that this portion of
these premises had never been built
upon before the great fire, but Mr..
Smiths new buildings had covered the
whole of the forbidden ground. 1t was
evident, then, that the condition had
been broken; that the breach had oc-
CURED so recently that the right to en-
force aforfsiture was not barred by the
statute, and could not be deemed to
have been waived by any neglect or
delay; and that consequently, under
the decision in Gray VS.. Blanchard, 8
Pick, 284, a forfeiture of the estate
or breach of this condition could now
be enforced if the true parties entitled
by descent and by residuary devises
under the original "Engle" or EN-
giles" could only be found. 1t occur
red to Mr.. Ingalls,, however, that this
name "Engles" bore a certain similar
ity in sound to that of his own; and as
he had heard that during the early
years after the settlement of this coun-
try great changes in the spelling of
names had been brought about, he in
stituted an inquiry into his own gene
alogy, the result of which was, in
brief, that he found he could prove
himself to be the identical person en-
titled, as heir of Madid Engle, to
enforce, for breach of the condition
in the old deed of 1860, the forfeiture
of the estate now in the possession of
'onn ''"'''n EsGg gsEI
When Mr.. Smith heard of these
facts he felt that retributive Nemesis
was pursuing him. He lost the usual
pluck and bull dog determination with
which he had been accustomed TO fight
at the law all claims against him,
whether just or unjust. He consulted
the spirits, and they rapt out the ans
swer that he must make the best set
Element he could with Mr.. Ingalls,, or
he would infallibly lose all his fine es>
tate-not only that part which Mr..
Ingalls, had originally held, and which
he had obtained for almost nothing
from the heir of Benjamin Parsons
but also the adjoining parcel, for which
he paid its full value, together with
the elegant buildings which he had
erected at a cost exceeding the whole
value of the land. Mr.. Smith believed
in the spirits; they had made lucky
guess in answering an inquiry from
him; he was getting old; he had
worked like steam-engine during a
long and busy life, but now his health
and digestion were giving out; and
when the news of Mr.. Ingalls, claim
reached his ears, he became, in Il word,
demoralized. He instructed his law,
yer to make the best settlement of the
matter that he could, and a settlement
was soon effected by which the whole
of Smiths parcel of land in the burnt
district was conveyed to Mr.. ingalls,,
who gave back to Mr., Smith a mort
gage for the whole amount which the
latter had expended in the erection of
his building, together with which he
had paid for the parcel added by him
to the original lot. Mr.. Smith not
liking to have anything to remind him
of his unfortunate speculation, soon
sold and assigned his mortgage to the
Massachusetts Hospital and Life In
surance Company; and as the we'll
known counsel of that institution la;
now examined and passed the title, we