Omaha daily bee., 1884-02-01
SOMETHING OF A STAKE.
100000 Worth Of Council
Bluffs Property in Litigation for
Over Ten Years.
Still Unsettled.

The csse Of Radford Va. Folsom is still
in court, and comes up to the front at
the United States court now in session at
Keokuk, Messrs. Sspp e. Pusey, of this
city, being attorneys for Radford, and
w. S. Mayre for Folsom.
The case involves the title to propesty
now valued at about 800, 600. Among
this property are 115 feet on Broadway,
including the place known as Pat Lacy's,
and several lots west. There are also
about 200 other lots in this city, and 500
or 600 acres of farming land near here.
The case has been dragging along in the
courts for over ten years. it appears that
in May, 1871, Jeremiah Folsom gave to
his brother, Simeon Folsom, what SEEM
ed on it's face a deed to the property, the
consideration being S21, 900. Simeon
Folsom in turn gave to his brother Jere.
miak q bond in the sum of S21, 900 to
secur the re~conveyance of this property
from him to- Jeremiah, provided that the
latter would liquidate the existing in
debtedness Of Samuel Folsom, who is q
son Of Simeon. The bond provided that
this should be done within ten years, and
stated the indebtedness at $21, 900.
In 1872 Simeon Folsom in turn decided
the property thus acquired to his other
son, Frank Folsom, and the following
year Frank commenced an action against
his uncle, Jeremiah Folsom, to quiet the
t;k1a and hAyA IL snkk1al - Ls~r x,:t1-~A
q cloud, Jeremiah at this time collecting
the rents and otherwise claiming control
Of the property. Soon after this Frank
was thrown into bankruptcy and George
w. Radford was appointed as his as
signee. About the same time the court
put the property in the hands of j. D..
Edmunson a. receiver. This action was
fought along in the courts until 1879,
when Judge Loufbourow decided that the
deed to Simeon Folsom and the bond
given back by him to his brother, Jere-
miah Folsom, formed as ono transaction
q mortgage instead Of q transfer of title
and Jeremiah Folsom was given until
juno l, 1880, to redeem the property by
Both perties appealed to the supreme
court. Radford, as assignee, appealed
on the question of the transaction being
in the nature of a mortgage; Jeremiah
Folsom appealing on the fixing of the
time within which he must redeem.
In June, 1882, the court rendered an
opinion sustaining the lower court on the
question of it's being a mortgage, and re-
versing the decision as to the debt being
due, and sent the case back.
Then Radford commenced an action in
the United States court to foreclose tho
mortgage on this property, and that is
what is being contested 10Y in Keokuk.
Among which might be termed the side
issues was q decision by the supreme
court that the appointing Of q receiver
was thus authorized. and ordering him to
turn over the property to Jeremiah Fol.
som. Tho lower court made an entry Of
this judgment and Radford appealed, and
that was passed upon lately, and the de-
cree Of the lower court sustained, and
judgment given against Radford as as
signee and bondsmen for tho costs in tho
state court. These amounted at that
time to $1,000, by which some idea may
be gained Of what q luxury litigation is.