The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1890-02-08
THAT AGREEMENT.
The Document by Virtue of Which the
Bottom was Knocked out of
Famous Case.
THE AGREEMENT IN FULL

The following copy of the agree
ment made in Germany by Judge IL.
II. Gilbert with the Mohr heirs, in
behalf OF John Funk, was filed Satur-
day for record in the recorders Office
of this city:
This agreement, made this eth day
of January. A. ID. 1890, by and between
Simon Mohr, Gertrude MOhr, Peter
Mohr. Franz Mohr and Maria Rinne-
burger ther husband, Matthias Rhinne-
burger joining with herr, all or Dun
penheinl, in the empire OF Germany,
heirs-at-law of Elizabeth Burrier Funk
Reddick, late of La Sale county, ILL
nois, deceased, parties of the first part
and John Funk, of La Sallec0unty, ILL
nois, party Of the second part, wit
neSSeth.
First, That for and in consideration
of the sum of five thousand dollars
$4,000, to them in hand paid, the re-
ceipt whereof is hereby acknowledged,
and for other valuable considerations
hereinafter mentioned, the said parties
of the first part have sold, assigned
and transferred to the said party OF
the second part all their right, title
and interest, and by these presents do
sell, assign and transfer to said party
OF the second part all their right, title
and interest in and to the personal
estate of said Elizabeth Burrier Funk
Reddick. deceased, and they do hereby
constitute the said John Funk, their
true and lawful attorney irrev0cable
to collect, receive and recover the said
personal estate and each and every
portion thereof and to retain the same
for his own sole use and benefit, ana
they do further release and discharge
the said John Funk from all LIABILITY,
of every kind and nature to them ana
to each of them on account or per-
sOnal estate heretofore received by
said John Funk from the admins
traitor Of said estate and authorize the
said Funk to retain the personal
estate so received by him for his own
use and benefit free from all further
claims of said parties of the first part
or either of them, and they do further
agree and consent that all suits and
proceedings in their names, or in the
names of any or of either OF them as
plaintiffs, cOmplainantsO or petitioners.
Shall be forthwith, as to them, aban-
doned and dismissed.
Second, That the said parties or the
first part shall execute and deliver or
cause to be delivered to the said party
of the second part good and Suff1clent
warrantee deed of conveyance or the
undivided five-twelfthS in fee simple
of the real estate of which said Eliza
beth Burrier Funk Reddck died
seized, being Lots One ~ and Two ~
and the north fifty (50) feet of Lot
Six (6), all in Block Fifty-siX (56) OF
the States addition to the town NOW
city of Ottawa, La Sale county, ILL
nOis, said deed to be delivered on or
before the lst day of July, A. ID. 1890,
and upon the delivery thereof the said
party of the second part agrees to pay
to said parties of the first part the
further sum of three thousand, three
hundred and thirty-three dollars and
thirty-three cents (S3, 333.33), in con
sideratiOn whereof the said parties OF
the first part further agree TO release
the said John Funk from all further
liability to them on account of said
real estate and the rents, issues and
profits thereof.
Third. That the said party of the
second party agrees to pay to the saio
parties of the first part five-twelfths
OF whatever he may realize out OF the
suit now pending in the Circuit Court
of La Sale county, Illinois, brought
by him against Daniel Evans, judge
OF the Probate Court of said La Sale
county. to recover the sum of two
thousand five hundred dollars $500
paid by the said Funk to said Evans
Fourth, Whereas the said parties OF
the first part have heretofore entered
into contract with one William II
Barnum, of Chicago, Illinois, by thu
terms of which the said Barnun
undertook and agreed to institute ant
conduct litigation against the Salt
party of the second part for the re
cOvery of the interest of said parties
of the first part in the estate OF Eliza
beth Burrier Funk Reddick, deceased
and to pay all the costs and expenses
of the said litigation in consideration
that, if successful, he should retaiI
for his own compensation, costs an(
expenses, One-half of the amount tina
might be recovered, he, the said Bar
mum, further agreeing that in cas-
said litigation should be unsuccessful
he himself would pay all the costs and
expenses thereof, and that the sale
parties of the first part should not b.
liable to him for any such costs o.
expenses or for any compensation
now, therefore, in consideration of TIT
execution by said parties of the frs
part of this agreement with said party
of the second part, the said party O
the second part hereby binds himsel
and agrees to protect the said parties
of the first part from all liability II
said Barnum growing out OF said con
tract. and it is further agreed tina
if said John Funk shall not so prOtec
said parties of the first part and pa.
to said Barnum any Judgment salt
Barnum may obtain by reason of sait
contract, then the said parties of tn,
first part, and they alone, shall have
the right to treat the present agree
ment in their favor as fully Cancelled
and as null and VOID; but the sale
.JohE Funk, in such case, shall no
have the right to treat this contrac
as cancelled, but the moneys paid b.
said John Funk to the parties OF tn
first part by reason of this agreement
shall be retained by the said parties
of the first part as a partial payment
upon their share of the estate of sale
Elizabeth Burrier Funk Reddick, de