The Weekly Kansas chief. [volume] (Troy, Kan.) 1872-1918, 1877-03-01

A Little Steal from DoniPhaA County.
TOPEKA, Feb. 26, 1877.
Ed. CHEr:-A little steal, in the shape Of bill for
the relief Of one n n Jones' has just passed ths House.
which will surprise many in Doniphan County, who
acquainted with the history Of his elain II Is de-
signed to be the windup Of scheme that has been on
foot for twenty years. to steal from the State quar-
ter section Of school land lying adjacent to the town
Of Troy, and of the most valuable pieces of land
in the County.
The facts these: In February, 1855 or 6, Harri
son Calvert who lives your place. settled this
land before the lines were run. When, in 1856 the
lines run, Calvert found that be was on school
land; and supposing he could not get title to it, sold
his house OF the land, and abandoned it. This quar-
ter lying by the side of the County seat offered
speculation to gentleman by the name of Middleton
Of St. Joseph. Middleton being good Border Rufian,
the officials of Doniphan County opposed no obstacles
to the requirement of this quarter section. There a
pears the record, in the Office of the County Clerk
entry that AL Cobsrdr had proven up his right to
preempt this quarter section An assignment of his
right to pre-6mpt the land, to one Asa X. Hubbard
the signature II. Colbard, TX, his mark is the
ord Calvert swears to this day, he proved up
any pre- emption and never made any such assignment
Then soon follows entry that Hubbard has assign
ed his right to Middleton and that he is entitled to
patent 1t appears further, that Middleton, with b.
NJ. Hughes, executed their note to the School Treas
urer for 200, for the purchase money of this land
that after said Middleton executed another
with Joel p Blair to be exchanged for the first Both
of these notes have remained with the County Treas
urer and neither Of them have ever been paid any
part of them. For many years Middleton tried to get
the several Governors of this State to patent the land
but they steadily refused account of the nonpay
ment of the notes. The County Treasurer, in 1870,
knowing that the land had under the statute become
forfeit to the State sold the same and this man, n n
Jones, Did over all Others and in his name and
that of Others secured all but about eleven acres the
sales amounting TO three thousand dollars. A
few years after, c. c. Hyatt the fatherinlaw of
Middleton, commenced suit against Y. h. Stout, who
had purchased one 40 of the tract, for himself
and Jones-all for Jones but eleven This
decided adversely to Stout in the District Court
but in the Supreme Court it reversed-the Su-
preme Court holding that the land had become forfeit
to the State account of the of the pur
chase money by Middleton; that in event could
Hyatt recover, without paying the 800 note and in
terest for Stout's benefit. (See 18th Kansas, 232
long time having elapsed from the commencement of
this suit until its reversal the land had fallen greatly
in value. Jones thought he had made bad bargain,
and refused to assist Stout in the further defense of the
suit Stout who had but eleven of the 40 sued
for, unwilling to itgate the matter further at his
own expense, and suffered Judgment to be entered
against him in favor Of Hyatt, without offering any
evidence, or making objections. Hyatt then, by his
attorneys put pen on the land, took possession Of
and commenced suit against N. n. Jones' to quiet his
title. This suit decided at the March Term, 1876
On the trial of this Jones offered proof what
ever, made no objections to Judgment being entered
against him, although he had appeared and answered
in the He asks the State to refund to him
the money he paid on the land.
Now if the Legislature passes Jones relief bill, it
recognizes the sham title of Hyatt the superior title
1t becomes recognized principle in the Legislative
Judgment that titles can Be acquired to the schosl
lands of this State without any payment and fraud
ulent entries. There are many persons about Troy
who are desirous of purchasing this land, notvith-
standing the sham It'll. of Hyatt IL il becomes fsrSit
under Jones purchase.
We think il well for the Senate of this State pause
before it endorses the above steal.
ANTEGoRBIE.