, 1875-03-31
THE COURTS.
Reply OF the Defendants in tho South
Lynne Case.
Efforts to Secure n1l Amfcablc
settlement.
Judgments and New Suits.

&erday IN the case Of Joseph ". Drnxc! ri. AB
Will and others. Vail atltnitn that In 1860 DEext
held tho legal title 10 tho property mentioned Il
tho bill. part Of which Ia now know
40 South Lynuo, hut 10 claims tia
George &. Smith nn1 Charles n
Bmish nrn largely interested in tho property, Al
ccatuts quo trust. lIp Also admits tho mailing o
tho contruct, tho subdivision Of tho lard, nut
tho principal allegations OF tho bill, o. TO tht
torr.s on which he took possession. In rcgart
to tho extension Of tho contract In 1870, Va,
says that Drexo1 refused to modify tic contrac
uulcss tho rate Of intorent WAS Increased. Doin(
at The time unable to mako tho raymonta ns rc
1uired, ho was compelled to accedo to DroxorI
request. lilo defendant also claims Tint ll
Crst obtained tho written oonBaht of Droxe
bofore 10 assigned this contract to Lila son. N
J. Vail. lie, however, admits that he las since
tl,Is assignment continued to tnko past in The
management Of tho property.
In October, 1871, tho defendant further says
N. J. Vail, having already paid during 1871 the
sum OF ef5,CG3.55, received n now md in
dependent contract which waiyod nil forfolturce
made Loforo that tme. and which provided TINT
payments then tiue SHOULD 10 added to those 10
ba nude iii tho following year. About . Joar
after that, n: J. Vail made another application
for time, which WAS granted only Oil tito cotltIi-
lion .l!at Lo pay per cent interest on iii sums
then dine. This was done, and still ano.l,or now
and independent conttnct WAS n,atlo. In AugCst,
1873, another oxtonsion wns granted Until 1876
on condition Of paying 70 n,er cont interest;
half Of tho purchase money. hut charges that 1.o
lad tllon pn}d over *77.GU0 OF tho w[olo elG5.-
0Do. The plat included 800 acres. which maao
tho original price e525 an nero. Vail charges
tlut Tho land WAS not worth moro than 300 an
nero 1t being unlmprovod property OIL open prai-
rio. miles from tito city, atd it met with slow
aata. Tho complainant, 1t is charged. had pre-
y,loue!y subtttyidca tho land nndcr tho nanc Of
Hales md TIC defendant wna moro successful
only by bringing Ills extensive rcal-osthto know1-
odEo to Ills own aid. 1lo At tho time OF maksng
the contract agreo4 With Dsoxcl to pay e125 an
aero moro than the l1nd wnB worth as uaurtous
interoat on tho p,.rchako-monoy.
Tho defendant next denies that lo only Rpcnt
on tle Improvement Of tho land sucl money as
Ito recelyc from. tile Ealo OF any part Of 1t, but,
ecutlon Of tho contract, hls iirn laid out SG,uo0
on the land from thcir own funds, md paid 100
ror cent to Dro1el moro than tho purchase prco
rer acre Of tho lnnd. Vail also denies tint he
falad to pay tue taxes. but says that he resisted
tto1n aa unlawful. On tho OCCASION that tho
land WAS sold for spoclal aaHossnent, the de-
fendant snyB 1t wag through an inadyertenco on
the uaft Of bis attorney. Tho ta1-cersiAoatca Of
That salo woro bought mp by Drcxoi at 90 por
per cent advance. The defendant denica
lhat his son died hopeicssly insovent, or that no
lettora OF administration were ever taken out ou
Lilo estate. lie also denlos that time was malo
an ocn,cns OF tho contract. Or that tho contract
has ovor been legally forfeited. lIo admits that
the hofra Of N. ]. Vail aro exercising rights Of
ownership over tho property, Int deuics tint
thoy are creating clouds on tho title, and clhlms
that Dre1cFn title is but that Of q mortgage.
Vail aiao statea that tho negotiations ID con-
ncction With tho purchase OF the property In
question wore 1nado with George G. and OAarles
II. Smith, tho brothors.En-1nw Of Dre1el; TINT
on with thom. aud that Drexcl concurrcd In all
Its movements, and Ind full notlcc Of l,is pos-
session Of the land. Tho lota hnyo boon sofd at
about 9l70 encl. or at tho ratio Of about sl.600to
contracts heretofo.o mndo s11o,0oo, and thcro
arc got about 700 lois unHold, Including some
al the best portions Of tho subdivision, which
arc ya!ned al el25.0o0. la 1874, Vail charges 10
hus complainant declined to allow him to sell fol
that amount to his groas dn1nago. Drexcl haa
also falod repeatedly to mako tlle contracts or
deadn "a be agreed. Tho defendant also claims
lint tho duplicates Of tho coutrncts wero left in
Tho hands, Of Vail i Son BY Drexal's consent, aud
that they wore authorized to collect tho loforrod
payments, and, In yiew Of ali tie facks asks to
lave tho bill dismissed.
A long argument was had yesterday af.or-
noon. before Judge Farwol!, on tAs question Of
diHsolytne tho Injunction. and also OF appoint-
Ing . Roceiver. The partios Aowcyor, finally,
on utiggestion ot tie Judge. agreed to useet this
morning In tue Judges room, compare and caBt
mont could not be mado by which Droxoi ehal
accept tho amount unpaid On tho contracts I'M
cash, and allow reeonRble titno for the pay
ncnt Of tho balance duo. hlessrs. Robert Isae
and J. W. Beach appeared for tho tefcndant
Rnd Perkins i Truman for tho complainant.
DIVORCES.
Amanda Dickey filed bill for divorce from her
husband, EmeEy L. Dickey, on tho GROUND Of
J.o.,iso wi.tenboru represents tlat eho ia thu
Unhappy wifo Of John Wittonbosn, from whom
Tho wiBtloa to bo divorced. Her husband. eLe |
'ayB. IL In tho habit OF occasionally using her
read aa hammer, and Of continually sbaalng
eavo him short tl,nb ago. Sho managed 70 got |
'onis Of the furniture soon after, but john Iaa |
}esun roplovn suit to recover It, and sha fears
hat, II be DO successful, aho will bo compelled |
o1tunlte owncr Of No, 3l0 Ta,.llna street, and is
'uBagod III d good business, and Bhc accordingly
'sks that be may be restrained from, 1eptevyiag
he furniture md alxo bs compelled to pay hcr
a1tsb!o a'imony until sllo obsaina divorce.
lTEMB.
JudEo nurns will leave for homo to-day. and
'ttor1oyB who hare my business beeoro him will |
% ohlige! to do 1t thls morning. Judge Nc.
sulofts Tlll supply Ills place aud aasist on Judge
:; Il; ?. Duncan mas appointed Assignee Of Ira
duatAv A. I.oonneoAor aud George Chapmsn
seto e eaca made happy W the receipt Of dis
guPEnIoa COURT IN pn1Er.
gainut William W. uilea. >'' 80 ~~'~''
alai1n =, ~: y urosa commenced 4 anti against
-e~le ". ht9ne TO recover 100000.
/, 900. "o'
William snd George Wiltshire t1led bill, against