The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-05-08
A WRANGLE SETTLED.
TIE KANSAS CITY LAND COMPANY
MUST AND WILL PAY UP.
1t Has Perfect Title to the Hays Tract
of Land, in South Memphis-Its Agent
Says the Money Will be Handed Over
at Once, aud Improvement Begin.

THE AppEAL's special dispatch from
Jackson, Tenn, concerning Supreme
Court decisions yesterday, announces the
affirmation of the cases OF Hays vs. Kan
sas City Land Company, and Kansas City
Land Company vs. Hays.
Those decisions settle a long-continued.
vcxatious and expensive litigation, grow
ing out of the sale Of the Hays tract of
land in South Memphis, by Mr.. Hill, to
the Kansas City Land Company for some
thing like $780, 900.
From Messrs. Hill & Wilkerson, attor-
neys OF Mr.. Napoleon Hill, an APPEAL
reporter obtained the following facts in
reference to the decision:
Several years ago Mrs. Mary A. Walker
then owner OF the land, borrowed from the
Lille Association OF America, OF st. Louis
$1,000. To secure this loan she made n
deed OF trust on the land in question. Mrs.
Walker, after making this deed Of trust
made will, IN which she devised this
property to her daughter, Mira. A. j. HAYS,
for life, and at her death to her children.
Afterward Mrs. Walker died, and-the
debt due the Life Association OF America,
so secured by deed OF trust not being paid
the trustee sold the land ut public sale
Messrs Napoleon Hill and w. W. Taylor
became the purchasers. Afterward Mr.
Hill bought Mr. Taylor's interest in the
land. About two years ago n syndicate,
!. composed OF Kansas City people, came
= here and purchased the land from Mr..
Z Hill, together with q small tract adj
joining, at $4,000, one-thrd OF which
was paid IN cash, remainder TO be paid in
one and two years, with interest. and
secured by lien retained on the land.
The heirs Of Mrs. HAYS fled bill TO re-
cover this land irom Mr.. Hill and his ven
dee, the Kansas City Land Company,
claiming title under the will above re.
ferred to. Chancellor b. NJ. Estes dis.
missed the bill on demurrer OF Mr. HILL,
holding that If the Hays heirs had any in.
terest they could not assert title in
equity until the death OF their mother,
Mrs. A. j. Hays. After this case was 50
decided, the Kansas CITY Land Company
filed It's bill in chancery asking TO be re.
leased from It's purchase, on the ground
that the will OF Mrs. HAYS created cloud
on the title. also that Messrs Hill and Tay-
lor had purchased an interest in the land
before the trust sale referred 10, being the
interest OF Mrs. Hays aud her son, A. j.
Hays, which purchase made Hill aud Tay-
Tor tenants IN common with the other
Hays heirs, who were minors, and rs such
tenants In comon Hill and TaylOr's pur-
chase az the trust sale Injured 10 the ben
eft OF said minors equally with Hill and
Taylor; hence Hill aud Taylor were only
tenants in common with the HAYS heirs
who had not signed the deed 10 Hill and
Taylor conveying said land.
Mr. Hill denied in his answer hayin.
maie the purchase from Mrs. Hays ant
A. J. HAYS before said trust sale, ant
claimed that when he and Taylor pur
chased ut trust sale, they had no inicres
whatever in said land and bid IL in an,
paid for same at is full market value, ant
therefore, acquired good and indcieasbl,
title. The chancellor who heard the cas-
below, being the Hon. Lcp. Lehman
special chancellor, sustained Mr.. Hill
answer and dccreod that the trust sal,
was a bona iidc sale, and that Hill & Tay
lor acquired a perfect title Hereunder
The Supreme Court yesterday, after hay
ling given the entire day TO the hearing o
this case. rendered It's final decision
affirming the decree OF the learned Spec.a
Judge Lehman, aud holding that th
Kansas City Land Company LAS pcricC
title.
This opens up new field Of develop
ment in South Memphis, rs Mr.. White
the agent-oi the Kansas City Land Com
pany, states that the balance OF purchas
money going TO Mr.. Hill will be at one
paid, aud that the company will cxpond
large amount Of foreign capital In the i,
yelopm ent Of the property.