Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-04-16
A HARD CASE.
An Old Woman DisreSards the Process
of Court and Loses Her Property.


Gottleib for violating an order OF the Su-
perior Court, which granted a writ OF as
sistance TO Mr.. Gottlieb to place him in
possession of lots and 3, Nineteenth ana
Twentieth and streets. The complaint
was based on Section 419 OF the Penai
Code. which makes it misdemeanor FOR
anyone to return 10 any premises rom
which he may have been disposseSsed by an
order of Court.
The defendant was represented by l. >.
Brown and |. Joseph, and at the trial these
facts were developed In 1S79Samaei Gott,
Iieh was the creditor of Jane Ruland
in the sum of 5000, for the security OF
which she executed mortgage to HIM
When the obligation became due ne noti-
fed Mrs Rutland of the fact, but she man
ifested a total Indifference. Time ran
along, and she allowed the property 10 De
sold for taxes, and it was bought IN by
George e. Bates. an attorney. Again she
was notified Of her delinquency, but, either
from mental deficiency, obstihacy,
or stupidity, she disregarded all notice.
Gottlieb then commenced suit tor fore
closure of his mortgage, by his counsel,
George +. Bates, and in the suit made Bates
defendant. Bates admitted the obilga-
ton, but Jane rutland was i'll default, not
having answered. Judgment was entered
against her and her lots A decree Tor the
sale of the lots was entered, and at Sherlft
sale they were sold for the amount OF the
Judgment and costs, the claim being $500
and $50 interest costs and costs OF sale
and attorneys fees swelled the amount to
about $3.50 Bates purchased the property
in the interest of Gottlieb. The old woman
was again informed that unless she re-
deemed the property within six months a
deed would be executed conveying all her
title to the purchaser at Sheritfs sale. Here
again, for some cause which can only be
accounted for upon the theory of utter want
of understanding, either from the excessive
use of intoxicating liquors or mental inca
pacity, she allowed the time to expire. On
February 18th writ of assistance was
issued, returnable by the Sheriff in sixty
DAYS. and on last Saturday. after giving
full notice, it was served by Deputy Sheriff
| Rider, who removed all the household
effects of Mrs. Rutland, and placed Gottlieb
in possession under the title obtained at
Sheritf's sale
George X. Rider and VIM. W. Rhodes,
| respectively Deputy Sheriff and Deputy
County Clerk, were upon the witness stand
to show the regularity of the process and
its service Mr.. Rhodes produced the
Judgment in the case of Samuel Gottleib
vs. Jane Rutland and George E. Bates, to
foreclose the mortgage, together with de-
cree, order of sale and sale of the property.
Charles Sparks was also sworn, and testi
fed as to the execution of the writ OF as
sistance, and 10 the return of Mrs. Rutland
| after removal by the officers. 1t was also
disclosed by the witness that he had pur-
| chased 40 feet of the premises, but, under
| objection, he was not permitted to tell the
price paid. 1t was, however, ascertained
| that the amount was $650-two or three
| hundred dollars in excess of the original
| obligations of Mrs. Rutland, including costs
and attorneys fees.
| Jane Rutland was called on her own be-
| half, and it only needed a look at her to
| convince any one that she was III reality
mental wreck and not in any sense a per
son capable Of understanding business mat
tiers. She at once produced AN old home
| stead declaration, drawn III 1870, and also
old title deeds, which she evidently thought
| a protection against ali classes of claims or
demands She stated that she did not
| know anything about the orders of the
| Court; that she locked her house on Satur-
| day and went away, and when she returned
| found all her household effects upon the
street; that she did not intend to violate
any law, but moved her things back in the
| yard
After some remarks of counsel. the Court
| stated that this was a very unfortunate af-
| fair, but that he could only deal with the
| law as he found il That as il appeared
| that the old woman had some property on
| the premises unprotected, he would allow
| her 10 90 on her own recogniZance, to APP
| pear on Saturday during which time he
| would look into the case further, and hear
| the arguments OF counsel.
| Il seems from the facts that the property
| in question is worth about $1,000, and thus,
| valuable estate Is sacrificed under an order
Of Court and sold in due form of law. OF
| course there can be no legal remedy in this
case. But it would suggest itself to any
| cilaritabe-minded person that there might
be an equitable remedy III the Courts, if it
! could be established that Mrs. Rutland was
not Of sufficient mental capacity from any
cause, to be cognizant of her legal rights
| Certainly there should be some kindness
| shown to this poor, ignorant woman, who
is now without home, property or friends
liable to be q burden upcn the county and
to fill a pauper's grave. Those who have
acquired the property can scarcely afford to
| keep il without doing something for her
Dip NOT KIDNAP IT.-The San Francisco
Chronicle of yesterday had the following
When the passengers from Sacramento
| dGTlNtu at Nllt ltIIN idIltllilS list eN G5llIlS
the attention Of officer MctireeyY was called
to man who was carrying baby in his
arms Two ladies stated that he had told
several contradictory stories on the train in
relation to how he secured the infant and
they said that they believed the case need
ed investigation The man. the baby and
large bottle of milk, with feeding appa-
ratus attached, were taken to the office of
Chief Crowley. There the man gave his
name as DR.. McMurtry, of Sacramento, in
ventOr of the American Wonder, and he
told a straightforward story regarding his
| possession OF the babe, who he said was
five months old, and was chrstened 'Cleve-
land According to DR.. McNIurtrys state
ment, the mother of the infant is 4 worth
| less character, and surrendered all posses
sion to her offspring when ii was two
months old. McMurtry found ii in a
neglected condition, and taking il to his
home determined 10 adopt il. as he had no
children of his own. He says that he
would not now part possession with the
babe were ii not for the fact that his wife is
unable through sickness 10 care for it.
About a month ago he found the mother in
a hospital at Colusa and begged of her to
take charge of the child, but She refused to
have anything to do with il. After failing
TO have any family adopt the waif in Sac
ramentO McMurtTy determined TO come to
this city to see if he could provide home
in some respectable family for the deserted
babe Thereupon he was allowed to so.
and to-day he viii seek the assistance of
the Society for the Prevention of Cruelty
to Children
RANCHO DEL rAso SALE.-The second
annual sale of fine uotting stock, carriage
and driving horses, work horses, thorough
brcds and others, will commence at J. B.
Hacgin's, Rancho del Paso, at 10 4. Vi. to-
day. and continue until the stock offered
is disposed Of Killip & Co. will otficiate
as auctioneers Several horsemen from
San Francisco and elsewhere have arrived
in town. and the sale will doubtless be
well attended and prove a great success, as
those who were purchasers at last year 5
sale have as a general thing, expressed
themselves greatly pleased with what
they bought The animals are mostly bred
from approved strains in their respective
classes, no pains having been spared by
Mr. Haggin to procure iashionabiy-
sires and dams as the foundation OF the
stud. The sale will be- as last year. abso-
lutte and without reserve. The catalogue
, comprises 32S head of stock, four jacks
thirty mules and three Shetland ponies
Among the horses there are no less than
c siXty-cight trotters of good lineage, clever