The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-12-28
A STATEMENT OF THE CASE.

"A STATEMENT OF THE CASE.
EDIToR's REGIsTKR: AT your sug-
gestion / will make statement Of
facts connected with the history of the
~Richards Judgment"
In 1875 w. J. Richards sued the old
l.. L. & q. X. II. Go. and in July 1875
obtained Judgment for $1,000, which
was duly recorded and became a lien
on all the lands 1t then owned In Allies
c,unty. But between suit. and judg-
inent an action was brought in U. ..
Court by the mortgage. who held
large mortgage on all Its property In
GLIDING the land. Pending foreclos-
ure, n Receiver was appointed who
sold lands after Richards Judgment
was recorded and became lien on
them and ia all cases where the pur-
chaser paid the full aInoRnt the mort
Kagee released the mortgage, as to that
tract, which of course left Richards
Judgment the only lien on the land.
Right here, permit me to say, the pur-
chasers, whether they knew it or not
land ii they did not know it, that was
because they never examined the
records) ignored the lien and rights of
Richards, whose lien was there, as l
here said when they bought. Bat the
Rail Road Company. knowing of
the lien, sold to the purchasers and
gave warranty deeds, with the inten-
ton, as has since been demonstrated.
though net then known to their agents
or others, Of letting this mortgage fore
close and sell the road and all the lands
with IL Except those which the Re
ces yer sold and were released as have
eaidl eli of which they did as soon as
possible. The effect of this was to cut
Richards off from all recourse except
upon the lands so sold by the Receiver,
and bought by the purchasers subject
to his Judgment, aud at the same time
left the purchasers with no recourse
but to either beat Richards out of his
Judgment lien or go back OH now de-
funct Railroad company, upon their
covenants of warranty. They together
with the old L. L. & G.. and the new
X. G.. L. & Southern Kansas chose to
try aud do the former, and SO when
after Richards had waited until the
five years sta tute of limitation was al
most run to cut him out of all right,
hoping the company would pay it, as
they admitted its validity, he had ex
ecution issued, this delectable, defunct
railroad company and this new ~
company sent their counsel most
learned in the law and in the name of
all these purchasers, though will be
just and say some of them did not. au-
thorize it, brought suit for All injunc-
ton and after being fairly beaten in
your court in that, then moved to set
aside sale &C., but the court after ex-
haustiye arguments ruled against them
and ordered the Sheriff to make deeds
to a sufficient amount of lands, at their
appraised value. to satisfy judgment,
interest and costs. The attorneys
then said they would take 1t to the
Supreme Court, but let the time ex-
pir but inasmuch rs the Railroad
company had given it out that if finally
beaten, they would protect the pur-
chasers, 1 persuaded my brother to
ext end thesstime 80 days and give them
a cnance to take it to the Supreme
Court, but they let this time expire and
i again procured an extention of 80
days more and they again let it expire
and declined to either take it up,
protect the purchaser or pay the debt.
Many of these purchasers then
began to apply for compromise, and
through my efforts and Mr.. Keep
fingers we got Richards to agree that
in all cases where the purchaser was a
resident on the land in good faith
making improvements when he OBJ
tanned Judgment, he should be releas-
ed without paying cent. This re-
leo I'm IF
that In all cares where resident pnr-
chasers had even gone on the
and in the face of his lien, they should
only pay him one-half their proportion
no just such time and terms as they
chose, and when all. or nearly all, had
thus settled. he and they all wonld sue
those Railroad Companies on their
covenants of warranty, which they
could do but he could not. This was
all against his attorneys advice i'm Tn
diana, and through efforts of myself
and Mr.. Keplinger, without one cents
interest or compensation to me, and in
behalf of my fellow citizens here. But
besides all this when there have been
widows. orphans or insolvent estates
involved have procured settlements
at nominal figure, and even where
was assured that the purchaser did not
know of the lien when they bought
and there were circumstances of hard
ship, 1 have, ON small pretexts, sacri-
feed my brothers. interests to theirs,
until he feels now that have FILTERED
away his rights uselessly. Many of
your best citizens know these to be the
facts and this statement generally cor
rect. 1 make it because satisfied 1t
was never understood and hope it will
be satisfactory. Nearly all residents
have been satisfactorily settled with,
and think all would have been but
for interference Of certain officious per-
sons. Excepting one person, none
have come to me who were not met
on basis satisfactory to them. No
one has been solicited, no demand or
threats made; all has been voluntary
Except one, or two at farthest, of those
not settled and who are now complain
ing, none Of them has ever even spo-
ken to me about it to know what
they can do, and / now say to any
such, no determinations shall be made
against them i'm a settlement, and ]
hold the title to few of these lands in
my own name with that intention, the
same having recently been transferred
to me. J. III. RICHARDS.
THE NEW "HIDDEN HAND.u