The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1884-09-12
ADVERTISEMENT.
TO Ny FRIENDS AND PATRONS:

1t Is wen KNOWN TO you IflaG since 1879 nav
been engaged in compiling and keeping up TO
public use an abstract of Land Titles for Kenosh
County Up to this time the correctness ant
D skin displayed in that enterprise was neye
! After laboring every day in the week-some
times fourteen hours a day-for a space O
twenty-five years without vacation. in an evi
hour, to get that vacation. l was tempted tC
take partner and sell him half the abstract
conditiOnally.
At the end of four years. finding it impossible
% Si 20 on longer with that partner lthe partner
snip having expired year before by lmitatlon)
the partnership is dissolved; but because the
property is not easily susceptible of division
Il and because of the binding character of the
covenants contained in the articles of co-part-
nershlp. am compelled TO abide by the STUFF
until the option is given or taken, as provided
Tor IN the Bill of Sale and articles.
| When, in compliance with those covenants,
offered to buy, my late partners reply was, g
will not SELL but will buy you out. / will give
| you $500 more than you offer your interest for
II you Will sell to me on credit: but will buy
any way" Il have his letter showing thiS.) SO
that promising to buy ana never doing it, I was
| forced to keep on and conserve the abstract,
| and 1t was this fatal necessity which compelled
| me 10 occupy common Office for 81 months af-
ter the dissolution. and as designed and pre-
| pared, furnished the apparent presumption of a
|, Contlnulng PartnershiD,' an allegation which
mas been used and the changes rung upon it In all
tne litigation with which have been Saddled, to
accomplish the ends of those inlmical to me.
say. apparent presumption" because it is
l.
Llon was published, the signs changed, the In
Surance Agencies transferred to me, and the law
business to thatpartner and that he set up bust
ness Ior himself, became the correspondent for
tne chicago Times, taking the salary to himself
aud there is nothing but this common occu-
pancy, answered interest, and unsettled equity
upon.
The Bill of Sale of the half interest was as
follows
Know all men by these presents, that I,
samuel Y. Brande, of the City of KenoSha, in
the State of Wisconsin, for and in consideration
OF the sum of Four Thousand Dollars to me i'm |
nand paid by Herbert M. Theirs, of the said |
lily odt OF kenosna. and in consideration of the |
covenants and agreements contained in articles |
Oh agreement between the parties hereto, of |
even date herewith. and the stipulatiOns and |
promises OF the 1argainee therein made, have /
Dargalned and sold. and by these presents do |
grant and convey unto the said Herbert M. |
liners, and to his executors, administrators and |
assigns. subject to the restrictions as TO sale and
00tl parties an equal undivided half share of all
ana singular the abstract books owned by said |
Brande at this date" &c.. &c.
dne LEI article OF partnership referred to in
as follows: - "-'P o''i 10
" Art. 10. This partnership IS to continue for
t LIT years from the date of August l. 1875, but
the same being sooner dissolved by the death of
d partner, or by mutual consent, NAV be con-
tlnued by the survivor for the benefit of himself
ana the estate OF said deceased partner, until
OF the heirs and personal representatives TO sell
Such interest, when the same shall on such sale
tsnt at ana 1t IS understood and agreed
IndG ueiCner OF the partners is at liberty to sell
MS nalf OF the abstract books to strG10er or To
any person not acceptable as GperSOn to the other
ana satisfactory to the remaining partner and
III al eases Cne partner proposing to retire or
sell out shall first offer to sell his interest to the
party proposing to remain in the business at |
me a4s, bona TIDE price which he may have been
oltered, and in case of the decease of a mariner
the executor or administrator of such deceased
partner snail In like manner give the survivor
Cle OpClOn TO purchase at the best bona f(ie bid
when Gney can get for the same, and SO of the
helrS or personal representatives of said de-
ceased partner they shall first offer the same TO
tne survivor, unless person shall be found by
Sa ai re.irlng partner executor or administrator
llelrS OF personal representatives, willing to mr.
chase tne interest of such party in such abstract
DOCKS, VINO shall be acceptable to the REMAINING
partner it being the design of this agreement
CnaI nelGher party shall have the right to fost
partner or Joint gunner"
Up to the date of October 10th, 1881. had
9 l,e hesd to literal compliance with the ar
IlcleS OF c0-partnerShip, when the other marty
ignored the covenants s0lemnly sub
scrlDed to and made, and, in fraud of nv rights
ana on the eve OF absconding, turned over What
partnership equities, and the exercise of NV |
lights OF option reserved as aforesaid. to his
notner He then ran away, leaving the pr0ner |
y In my possession,
aa at my right OF property could not be nterfered
Win, as l owned one half by right of creation |
stld ma1 an optlon IN the contingency which
possession. ''-'' : ne'u
MY former partner, it is trne, had said no
nUuH uuy DuG Ilad not done SO. He had uni-
Orllly refused to sell to me for purpose plain
nough, now. F"0 P''''i'
How, then, you will say, could I be despotled
y S 4haognted property and It's possession
Y NY Dy prostitution Of the Courts and their pro
eSS, Jor the accomplishment of the theft
MI SHOWING o my laW-ablding character and that
Orce nor cajolery could ever make me consent
Q give up my property, which was by Par, 10 of
section 1882 of the Revised Statutes of the State
y wisconsin absolutely exempt from Sale on
SSued from any Court or any proceedings in
I'd thereof" Yet by the perjured afidayit Of
, Stranger inhibited by the Bill of Sale and
Articles from purchasing, "a Court of E0nitv''
save the mark, on notice of motion of eight
lays and proceedings running over a space of
WO mOnthS commands me to deliver this ex-
,mp5 property (and if not exempt, then In my
lands by order Of the same court as garnishee)
lpoh the SuppOSttiOn that it is partnership prop
9rty, 10 supposed indifferent person, to be held
and managed as the right should appear l had
ought to nave preferred the latter alternative.
aud would, had | then fully penetrated the de,
.lgn put mad some confidence in the Court and
lnWllllngly surrendered this child of nv craa.
lion to its care. for the time being. was sick.
and part of the time confined to nv he'd while
this was being done.
After two months more have elapsed, am
eVlcted, and the property is incOntnently sold
under the hammer. as constable having an |
execution would sell barrel of apples to Keen
them emf from n, spelling during its life.
From that time to this, have had neither the |
property nor any pant of the money for which il
was said to be sold.
All this is done in alleged conformity to law,
put IN absolute violation of both its letter and
N. r T oil oil n1f
the property was not exempt, or burdened with
a Condition Subsequent.
In my enfeebled condition, with five other
law SUITS commenced against me, am allowed |
tntftg ddyS TO appeal from the order confirming |
tins lnlqulty. My attorneys in Milwaukee find
out tne state OF the case day too late to bring
she appeal ana nave since advised me to re-
mltted to me that / am rightfully entitled to the
books, and that he paid little or nothing for
them. But the Court to whom the case was re-
ferred ignored the confessed tort. and. notWith-
standing the objections to the proceedings urged
by the plaintiff, and that he asserted his right to
set up the partnership affairs, decided that
Court must stand; that its decision was final,
Notwithstanding the errors alleged and that the |
attempt or the plaintiff to recover his property
was an impeachment of the order in a collateral |
action, not allowable under the rulings of the |
Supreme Court. and thus the matter stands
! nave up to this time carefully refrained from |
crIticIZlng in the public prints any thing said or
done about this or other Complications pfecipita-
ted upon me by parties, who, not content with |
Ghe wrong done, must needs 'add fuel to the |
hre. IN when am now conscious have done |
mysei1 injustice: and it is due to you no less |
IMAM TO myself that an explanation of the way
IN Whicn the property of citizen may be taken |
from MN. by the tribunals of the country, in |
Splte OF exemptions reservations or solemn
covenants. signed and sealed, and that you
may understand the true state of the case.
lappeal to your candid Judgment, which may
yet have some force against the edicts of organi
Zed Injustice