The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-07-27

the western limits of the present city of
Chicago. and decided one-half to Chambers
d Benedict, who were at that time partners
in business. This deed was received in
1886. Three years afterward Chambers and
Benedict suddenly took their departure to
afterward they we're unheard from. In the
meantime their interest in the land was sold
for taxes. and Cook purchased the land,
also claiming an interest from lien which
had been given to secure the purchase
money. Cook continued to pay taxes for
Wintersmith and others. The record
showed a deed to Chambers and Benedict
for one-half the property, and to clear title
Gen. Nnnell, Wintersmith, Abner Taylor,
and others joined in suit in 1869
against the unknown heirs OF Cham
bers and Benedict, and obtained a
decree, !quieting the title. Upon the
the death of Chambers and Benedict,
in addition to the legal presumption of death,
which arose from these individuals seven
years. absence without being heard from.
A year or two after the decree Finnell sold
his share to g. e.. Street for $4,000, re-
ceiving $1,000 cash and notes for the $1,000
balance, secured by deed of trust on the
property. These notes were sold to Charles
G. Wallace, who is one of the defendants
in this suit. Street, in 1871, sold his
interests to William Hansbrough
of Chicago and DR.. George w. Bur
ton of Louisville. Ky, for $4,000. So
suspicion had ever attached to the title; but
about 1872 man claiming to be Asa w.
Chambers. who had been presumed to be
dead, suddenly appeared upon the scene.
He had sold the interest which he claimed
in the land to some Texas lawyers, and was
visible to the naked eye only long enough
tn Cyiyyo ov,6 $o otut cuh hfu
identity and interest; and then he disap-
peared forever, SO far as the case is con-
cerned.
The defendants-Finnell, Burton, Wal
lace and Others-set up their tax titles and
possession. and have so far maintained
them in the lower courts. but have been re-
versed in the supreme court on account OF
the attorneys for the defendants have set
up for the first time the decree OBJ
tanned in 1872 against the unknown
heirs of Chambers and Benedict in addi-
ton to the tax deeds, and claim that the
court had jurisdiction to pass upon the
question whether Chambers was dead or
alive, and having decided that he was dead,
the statute under which the action was
brought was designed to cover the case, and
would hold as to Chambers and Benedict
whether dead or alive, SO far, at least. as to
protect an innocent purchaser who had in
vested in the property on the strength of
the decree.
The question whether such a decree will
stand in law against the original owner.
when it is shown that he is not dead, as
presumed, is the interesting question which
has called out great many divers opinions
from prominent attorneys. A similar case
has never been passed upon in the state.
Among the various parties who now
claim an interest in the land at present are
the Texas lawyers, who base their claim
upon the purchase from Chambers
and Benedict; the Louisville Bank.
ing company, of Louisville. KY, which
claims to hold a mortgage for 81, 600, River
by George w. Burton, and secured by 4
trust deed: the holders of tax titles. and
Wallace, Hansbrough, and Burton, who
claim rights upon the ground of purchast
and the strength of the decree.
The land which originally sold to Cham
| bers and Benedict for $500 is now wortl
$4,000, and lies near the western limits o
Chicago.