The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-02-04
Of the court, files this his supplemental
answer to the complainant'n hill:

OF the court, files this his supplemental
answer to the compliments bill:
Respondent, in his answer heretofore
filed, reiterated what he had heretofore
publicly and openly stated. That his sole
purpose was to subserve the interest OF the
Taxing District in permitting any part of
his lot TO be used in the construction of said
stables and shed, and that he never had an
idea orpurpose to gain any advantage to him
self by reason thereof, and was willing and
ready in the most formal manner under the
DEGREES OF the court, or otherwise, TO d.
vest himself OF any ownership in so
much of the lot as was covered by the en-
gineer's stable and shed, south OF and adj
Joining the city's lot, embracing the bayou
between the lot OF respondent and that of
the city, in order that the Taxing District
might not in any manner be prejudiced or
affected by the transaction; that rs TO the
portion of respondents ground upon which
the board OF health stables, etc., are
erected, and which are OF temporary
nature and cheaply constructed, he was
entirely willing and ready to pay the costs
thereof, or otherwise make full compensa-
ton touching the same, II under the cii-
cumstances the court should so decree.
AS stated in said answer, his sole pur-
pose was to serve the citys interest when
he authorized the constructions to be made,
and he did not suppose that he could
thereafter assert any right to the ground
covered by the engineers stable and shed
adversely to the city, after having permit
ted the same to be thus converted to the
use Of the city for public purposes, under
an openly ayowed disclaimer OF any right
thereto in himself
Respondent, in his said answer, after
having formally entered disclaimer TO
said parcel OF ground, which is more fully
described in the deed OF conveyance here
with, expressed willingness to more
formally do 80, If need be, by conveyance
OF said lot.
The respondent now, without awaiting
the determination OF the question whether
a formal conveyance is necessary, and be-
ing advised by counsel that his solemn dis
claimer by answer heretofore filed is an
absolute bar TO any right on his part 10 the
ground described in tho deed herewith
presented, and is tantamount 10 q
dedication OF the same, yet, mas
much as said cause has not as yet
reached hearing, respondent now OF his
own accord, TO avoid contingency Of death
or otherwise, prefers TO place the title
where he is advised the ownership by
former disclaimer belongs, and has accord
ingly had deed preparedand has executed
and acknowledged the same, conveying
the lot therein described 10 the Taxing
District, in which deed his wife has joined
for the purpose Of diyesting herself Of any
| rights OF dover or homestead therein, and
he herewith files the same as part OF his
! answer.
A personal liability Is sought TO be en-
forced against respondent for the cost OF
| the improvements put on said lot, and the
question OF his liability not being as YET
determined, respondent tenders said deed
conditionally upon the determination o
that question; that is TO say, whilst desir
ing that the Taxing District shall have tho
absolute ownership Of said lot and the i'm.
provements thereon, yet respondent by
the tender Of said deed and con
vcyance OF the ground aforesaid
deems II proper and equitable 20 &c
company the tender OF said deed with th,
condition that he should not be held
liable for the valuation OF the improve
ments. II, on the contrary, the cour
should determine that respondent should
pay for the improvements, instead OF exc
cutting deed for the ground, then 10
spondent is willing TO do 30. In short, hi
purpose Is 10 respond 10 whatever decree
the court may render, and in the mean
time 10 place in the control OF the cour
such n deed as will avoid any contingenc,
which might happen whereby the Taxing
District might be prejudiced in tho alb
sence OF such deed.