, 1881-11-13

a TANGLED lltSlt1-1.
The following is an extract from the annua1
report of the South Park Commissioners 10 tne
County Board for the year ending Dec l. 1oao'
and has bearing on the Phillips case:
or the luree acreage embraced in the south
Park system, including Grand. Dre1ci. anu ~ Ef
wood t,ou:csards aud thc long s.ieacn ~ " COM,
ty-iifth street and Western avenue. tHe Gouts
mission has yet to acquire IN acre ~ tno Nest
Park, now used school lot, conuetnnntlpnn ~
Directors demand, in the opinion Of the commits
sion, an excessive price; also. some tnree a,ts
on Ffty-fth street, tn which 't ~ hns
possession it has yet to pay in fnl4 Tor t1e llact
Of :0D acres or more tn the East ParK. KNOWN as
the Phillips tract. The outcome oi tne ArS t,1.-
Iou concerning this last -uamed tract Is mat
ter of anxious consideration with tne co1ntitS ,
son. Ten years ago tho commission 'e.:A toVA
po.sesSgn h ta q tns on,atxe rfect owne1 C. J. Fiji
lips, by which nc s{,rced to sell the snne 70 mo
commission for $stl M acre: hut adverse claim
was ole Kerr who clairncl title to the tract "
reason Of his purchase OF the property som
1nder an execution tor 3udRineht aesnIS. nus,
Puilps Mrs. Phillips was also claimant potn
as having had conveyance fru;n her husband. =.
N Phillips, and rs having a hpmestead unailect1
ed ty saie under nm execution. Kerr tiled bill
in the United Suites Circuit Court to quiet tlt'e
ana the litigation thus c''1nneticcd mas not oecn
determined. but. having renehed tne Supreme
Court of the United States, there fingers win no
Immediate prospect of 4 decision. Kerr cou-
ycyel III undivided onc-fourth interest," IN tho
trict 70 Mrs. r. 5 Dobb!ns, t and it Is s,,oco oc,
the matter is now pc'lsllns, On 8. ollt
filed ut the instance Of the Commission, Wi. dc
clare t:1 the !ute m rrcsidcnt o. tho
ties and euieavuring to obtain some SORT OF ti!e
for the turk Ii: this fourth interest the cf!nmls-
sion nas acquired such Interest,"; or. IN my
event thar the investment OF $50 0 will be held
good III some form. The whole matter OF the
ownership of this tract is SO Involved netWcch
claimants and persons claiming to ho!o unucF
tt.et31 thai the ecu: mission. uaahc 10 deal fa1t-
ly by ALL where each claims eycrythiug can nilt
avail: the event OF the Legal contest; Inc Haute
OF ;hc land Will lie fixed ultimately, no doubt,
by 4 Jury s,f the United States Court. " hat us
verdict will be is :; matter Of conjecture only put
there aca no; wan1in5: prophets VINO preatc1 auaL
sion's means Of payment The commission IS
not without anxiety concerning the result, ou1
lis appreheIs!ans are not Of this gloomy charac-
Ter. IT has no reason to suppose that Il jury III
United states Court will 1lnd an outrageous yer
diet. and its resources for tho payment OF laho
obligations. which will he husbanded Carefully
may be considered ample to 1nect any reason-
::,ie ietnlnl. The commission will resist any
demand thut is otherwise These resources are
as fUliUNs:.
Cash to credit land fund. s1::77, eoos g.
due from County Treasureras balance
ut eighth iusta1tlnent Of the Special
assessment for benefits park pur-
Tax :: deeds and rtiiicates-estimatcd
Appcacd ppts,i lax cascs-csiimaied value 13l,ss57
Investments In Phillips tracr-..- W,00t00
Total y .---+---.. --..-'.--.. Sooo.is-o'
The preceding statement Of tho case is nearly
correct There arc 195 acres Of land in the East
1'arE known US the Phillips tract, owned origi-
na!ly ny e. 6. Phillips. who had SOME business
tran sactions with Il nllu named Kerr Oi ONO,
which Wcrp. not satisfactory 10 eitner party.
Kerr Su ed Phillips and got judgment, ana upon
this tx ccution bought in the tract. taking Il
Stcr:f's decd sor it.. These proceedings all ante
dated the location Of the parks. and when they
w.re located the tract WIS Included Judge
Hcckwith ~us acting rs the attorney OF the
Commissioners at the time, ind made con-
tract with Phillips to purchase the iunG TOR park
purposes ut $5AW per acre. Upon hearing OF
thls, Kerr :ilel !: bill in the United Suites Court
asking. that the Commissioners be en1oiutu
from paying any money to Phillips for the and,
aud that the cloud on his title might be re-
moved.
The family re!urions between Phillips and his
wife Eta been alcAhle up TO ibis time. anu
iu c&s. their home OH the tract WIS destroyed ty
fire. After that Phillips abandoned It, During
these wears there were Il number OF transfers
with reference the tract, but Mrs. Philips set
Up that she was tue owner Of 1t in tee. having
l1ad transfers from Phillips just!fying her claim,
nnd also the savior or the homestead, anu snc
claimed ttlnt tho Sherif's sale was defective, in
thut Ii had not set aside her homestead, us re-
n114red bt- tho Illinois statute Philips himself
nisn de1naEded tho homestead. and Claimed snat
knrr's proceedings under which he had Oh
tanned The Judgment we're fraudulent; ,>ocox,
in 1873 the ease. reached n hearing before
Judge Harlan, who first decided that MIS-
Phillips WAS the savior Of the homestead. md
forty acres we're set oT TO her. On a rehearlug
thu exemption for q homestead was Increased TO
eighty acrcs- The parties Ali Appenied, anu the
Supreme Court. 1t will probably be decided this
week.