The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-07-19
LAND In LITIGATION.
A RELIC OF THE 1887 REAL ESTATE
MOVEMENT IN CHANCERY.
The Kansas City Land Company Suing
to Have a Cloud Removed from For
ty-Seven Acres Purchased of Mr..
Napoleon Hill.

A relic OF last years real estate boom
has found its way into the chancery
court.
Judge Estes has it under adviscment,
and all the parties interested are wonder
ing which way the cat will jump.
1t is suit by the Kansas City Land
company to be relieved from its purchase
OF tract OF land from Col. Napoleon Hill,
for which the company paid $4,000
People generally are familiar with it,
As distracted by one OF the attorneys
for an APPEAL reporter, the case in a nut
shell is as follows:
Mrs. Mary Walker died many years age
She was the granddaughter and one OF the
heirs OF A. J. Hayes, deceased. Before
her death she mortgaged the tract in dis
cusson to the Life Association OF Amer
lea, an insurance corporation located at st.
Louis. Finally she died. Before death
she made will entailing the property on
Mrs. Hayes, the only child, for life, re-
mainder to her Mrs. Hayes children.
Aftcrward Mrs. Hayes, together with her
husband and son, A. j. Hayes, sold the
property by fee simple or warranty deed
to d man named Hewitt, who in turn sold
IL TO Napoleon Hill and W. +. Taylor.
Mr.. Hill bought the interest OF Col. Tay-
lor. After the Hill and Taylor purchase
from Hewitt the mortgage was ioreclosed,
Napoleon Hill becoming the purchaser for
=, 900, which he paid, and took deed
from the Life association trustee for the
property.
The two Hayes heirs, who did not sign
the deed to Hewitt, filed bill TO recover
two thirds OF the property or two-thirds Of
the purchase.moncy, the property sued
| for amounting to Sl02, 900. The bill was
dismissed on demurrer filed by Napoleon
| Hill and the Kansas City Land company,
| the chancellor holding that the said bill
could not be filed until the death OF Mrs.
| Hayes, the mother. lie rendered no
| opinion on tho merits OF the case, how
ever.
Since then the Kansas City Land com.
pany, 10 whom Napoleon Hill sold the
| tract for slj6, 00O-Sj6, 700 cash and the
balance in well secured notes filed their
bill To be relieved OF the purchase, or TO
have the cloud removed from the title be-
fore paying the remaining unpaid pur-
chase money. The Hayes heirs and
Napoleon Hill dcmur TO this bill. The
demurrer has been argued, and the chan
ccllor holds it under adyisement
After its conclusion yesterday morning,
50 far as the counsel were concerned,
Chancellor Estes specially requested the
attorneys 10 allow him 10 take II under
advisement. UNLESS you gentlemen art
content TO grant the request said he u
counsel. III can and will decide II nov
on first impressions. Owing TO its groa
Importance, however, would much pre-
fer being permitted to study Il further.
Ills request was cheeriully granted.
Counsel engaged in the thre.corncrcd
contest are Hin d Wilkcnon for Ma
polcon Hill, Judge sam !. Walker ior th'
HAYES heirs, and Col. William Nj. Ran
dolph for the Kansas City Land company
The trac, involved comprises forty scvcl
acres bounded by McLemorc, southland
Wakes and Bethel avenues. Its sale
the Kansas City Land company at the fal
ulous figures named was the sensation
the 1887 real estate movement