Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1889-01-16
COYNE'S IOWA CASE.


Out of the LiriyauOn over n Farm
Ownership near Davenport - The
Proceedings Commenced.
The case of Ed ward II. Guyer, ct al, VS.
w. L. Coyne and Henry Fluegel, which
is occupying the attention of the district
court at Davenport, is one which is of
more or less interest In Rock Island, not |
only because all The parties involved are
residents of this city, but because the |
case is one that gave rise to Coyne's
many suits of a criminal nature here. The |
| Democrat Gazette says;
! 1t is an intricate case. All the parties
live in Rock Island, but the suit itself is
| oyer title to land in this county. The
sum involved is small, but the entangle-
ments over it are great. The plaintiffs
petition states tn at on the 3lst day of
December. 1885. Edward II Guyer re.
covered judgment in the circuit court for
Scott county against Henry Fluegel in
the sum of S3l9; and that on the 10Th
day of January 1885. Henry Feiler re-
covered judgment by confession before |
the clerk OF the circuit court of Scott
county against Fiuegel in the sum of
S4l4 80. The plaintiff then AYERS that
December 9Th 1884, James Quinn con
veyed to Henry Fiuegel 295 acres IN
Princeton township. Scott county, and |
that December 8 h, 1894. Henry Fiuegel, |
with tue intent to place the property be
yond the reach of his creditors, did make, |
execute and deliver 10 w. L Coyne a
deed to the said and" IL is averred that
"Coyne gave no good, valid nor sufficie nt
consideration for the deed, and accepted
the same with the same with the intent
To assist Fluegel in hindering and delay
ing his creditors in deirauding his cred
itors, and in placing the lands beyond
The reach of his creditors. And "Coyne
does now hold the lands in trust for Flue>
gel with the promise and understanding
to use, control II nd deed the land as Fleu
gel NAV designate" Plaintiffs state that
the Indebtedness on which the above-
mentioned judgments were based was
incurred prior to. and Was subssting at
the time of the conveyance of the lands
by Fleugel To Coyne. The plaintiffs ask
that the deed be declared null and void
and be ordered cancelled, and that an in
junction issue restraining Coyue, Fleugel
and all other parties thereto from making
any deed and conveysnces of the proper
ty in question.
Henry Fleugel enters cross petition,
7 in which he states that the lands involved
are called the "Wapsie farm which is
worth 50 600 at least, that he exchanged
lands in Rock Island county. H., with
Mr.. Flynn for tie farm. and gave him
mortgage on it for So 600, that being the
difference in the value of the
farms. Mr.. Fuegel alleges further
that w l.. Coyne was his adviser
in the transaction, and had previously
been his legal adviser and agent for a
number of years preceding. He AYERS
that Covne had for number of years
carried on an extensive real estate bust
ness in Rock Island, had studied law, and
| petitioner cons dered him an expert in
such matters and relied implicitly on his
advice and trusted To his honor; so after
the purchase Of the Wapsie farm, he
placed it in the hands of Coyne as real
estate agent 10 sell. He says that Coyne
represented thai he could sell the farm
for n higher price if the title stood in his
name; that he could refer intending pur>
chasers to FueGel Tor representations as
10 the value thereof, and would protect
| Fluegel by delivering to him "A bond TO
recOuvey the property to Mrs. Fiuegel
He did thus convey the lands to her. the
consideration being given at $1,000 -
81 600 of which was acknowledged 10
have been received and ~ 900 evidenced
By promssory notes. Coyne represented
that this was the proper method To pro-
teci his interests, and gave him a r, ceipt
for "a, coo to protect against the notes
In January, 1885. Covne proposed a
plan to reduce the mortgage indie btedness
on the Wapsie farm, by deciding to Mrs
| Fluegcl "a store in Rock Island for n pre-
tended and written consideration of
30 UOO;" that Fluegel should then ira e
he store to Mr.. Quinn for the 80. Got
mortgage; thai Coyne should accept fol
his store mortgsge on the farm fol
- OOO, by which Fluegel could be the
gamer in the sum OF 5000 Fluegel &c
cepted The proposition, and Coyne gave
him deed accordingly. dating II back II
December 8, 1884. so rs to correspond
with the date os the conveyance of the
farm to COyne-'all of which your petit
TONER did not observe, rs he is unfami
lar with the English language and was
not at all suspicious of Covne, but relied
upon his honesty implicitly" Mr.
FIuegel states that e trade with Mr.
Quinn failed. and that Coyne knew II
would. Coyne advised Flueeel to move
into the store. 30 that people desiring &c
purchase might inquire OF him. and told
Fluegel he might have the property free
Of rent. FlueCel accepted the advice anC
occupied the property. COyne sent var
lous people to Flueeel for the purpose OF
obtaining evidence against him. Flue
gel claimed the store property as his own
rented the first floor and collected thu
rent. SO, Fluegel states. Coyue led him
on unconsciously in a perfect net work OF
circumstan tial evidence that he nigh
afterwards prove that Fluegel had &C
cepted the property as his own, TO TIT
end that he might set up the deed as
consideration for the conveyance of thu
farm.
Mr.. Fluegel AYERS that as between him
self and COyne he never accepted IN,
property AS his own or as n consideration
for the farm, that his wife never tool
possession of it, that she did not know
deed had been made to her till nearly
year after the conveyance had been made
and she has never accepted the propert,
from Coyne.
The plaIntIf then avers that Gown,
cunningly dew sed all of the transfers t
defraud him o. his property, and that b.
never had his suspicious aroused until thu
fall of 1855, when petition had beer
- filed in court by one George II. Maish
against Fluegel and Coyne to set asid
r the conveyance of the farm. Coyne ad
N vised petitioner that it was necessary TO
him (Coyne) to have the bond to proper
y protect his rights, and Fluegel gave i
tn rp