The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1875-12-09

UHITED STAIAs CIRCUIT COURT-On Thursday of last
week a Donphan County case was before the United
States Circuit COlrt at Topeka which will be recognz ed
having been the subject of mneh litigation IN this
County. In the Commonwealth report the is thus
stated
argued. This suit brought to fOreclOse mort
gage alleged to have been executed Ivy the defendants
VIM: Ayers and wife in Drcember ISL The complain
in 1873 brought suit foTeclOe this mortgage in
the District Cont uf DnnpLan County Mrs Ayers set
cuted the mortgage in question but that she signed and
acknowledged ordinary blank mortgage. without any
writing in il whatever and that the filled up
and delivered TO complainant in manner wholly unau-
thoTzed by her and she asked in her answer that the
cloud the title of her homestead. The defendant,
VIM NJ. Ayers set up the state Of facts his wife
usuruus. Frank Suffer another defendant in this suit
set up subsequent mortgage and made the answers OF
AN and wife part of his Issue being joined
ON their answers the tried at the September
term, ls73 in the Doniphan County District Court by
jury. On the special finding of fact made by the jury
the District Cont rendered Judgment in favor Of the
plainT for,c,ing his mortgage and also for suffer on
has mortgage. Ayers and wife aud Suffer took the
TO the Supreme Court and there the Judgment of the
Distinct Conrt reversed AMI the sent hack for
new trial The Supreme Court held the findings
of the jury and the evencr the mortgage executed by
Ayers and wife Void. At the March term Of the
Duniphan County District Court the plaintiff dis missed
his action far he could but the defendants claimed
the right TO proceed and try the Use on their
Thereupon the Court rendered Judgment, setting aside
and cancelng the mortgage al Prboscn and also render
ing Judgment in favor Suffer- foreclosng his mort
gage. The complainant afterwards brought the present
suit in the United States Circut Clurt forrcose his
mortgage making Ayers and wife and SHtter rfen ants
The defendants in their set up substantially
the state of facts that the D1niphan
County District Court aud also plead that said in lment
is bar tn the present suit The snel ye-ter
day afternoon. whether the of the defend
ants in the District Court 4 couut-rclaim within
the meaning af the code Of Kansas IN It the plaintiff
could dismiss his suit ahl prevent Judgment being
taken against linn. The tIken under advise
". W. Guthrie tor complainant: A. 5. Everest
and c. ". Foster for d' f.ndhnts.
The Commonwealth the following day. had the fol-
lowing windup Of the case:
Richard Prohascn W VIM. N. Ayers ct al. This
was nticrd at some length in the Commonwealth of yes
terday Yesterday morning Judge Dillon decided that
the ceilings the Dunlan County District Court
could not he reversed by him. and that
the Judgment in that Court bar to this sat Here
upon the plaintiff dismissed his ait VITA psi ic.
- Henry Washburn. Iowa Indian, arrested
ON the Reservation few weeks ago by the Sheriff OF
Brown County the chIr-r Of horse steIin. an was
lodged in the Troy jail The bail fxe 81 high that
the Chiefs the tribe could not ill it. The IniIn
serts his innocence and his confinement is telling upon
his health Several Of the Chiefs down last week,
consulting his They succeeded in getting the
bail reduced and have applied to the Department at
Washington for authority his bond They claim
first that washburn is innocent; and secondly that the
arrest was only not in Brown County, but in
the State of Nebraska.