Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-07-10
SUIT TO SET ASIDE A DEED.
The United States q Defendant-Title
to Gun Proving Ground Contested.

novel suit has been filed in the Court Of
Claims by Henson Jackson against the United
states and others to set aside q deed from Ben
jamin Cooley to the United States for Ats acres
Of land in Corvallis Neck, Charles county
Nd, recently purchased for the purpose Of a
gun-proving ground. Messrs. ]. Parker Jour-
dan and E. NJ. Hewlett appear for the COM
plainant and state As follows: Francis Shana-
brook held a mortgage for an indebtedness Of
about S425 due him by Thomas Fisher, COL
ored. on the land in question. Fisher died
some years ago leaving the debt still due.
Fishers daughter, Sarah, after his death mar
ried the complainant and he and his wife
claimed to own the property which was the sub
ject OF the mortgage debt. Shanabrook de-
manded payment Of the mortgage, and jack
son and wife being unable to pay the place
was advertised for sale under the terms
OF the mortgage. When the day of sale arrived
Jackson appeared at Port Tobacco. the county
seat OF Charles county, and forbid the sale.
Notwithstanding this the property was put up,
and, bids being called for, it was knocked off to
Mrs. Boyle for S425. Jackson and wife then
sought the advice OF Messrs. Jourdan and Hew-
lett, and they invoked the aid and assistance of
Mr.. Cooley. The latter agreed to fight Shana-
brook In the courts and pay the debt due If
jackson and wife conveyed to him their equity
Of redemption in the land SO as to enable
Cooley to have the deed made to him upon the
payment of the debt; to be held in trust by him
Cooley for the amount so paid, with interest,
and receive one-fourth Of the balance remaining
after deducting the amount he advanced to re-
deem the land from the mortgage debt Cooley,
having for this purpose acquired the equity, at
the same time entered into an agreement
with Jackson and wife to pay off the
indebtedness, to take the deed in his owniname
(Which was donc) and by consent of the coun-
sci in writing to sell the land when opportunity
offered. pay himself the money SO advanced
and to divide the remainder in four parts-one-
fourth to himself, to each of the counsel and to
Jackson and wife. They state that soon after
Cooley had acquired title Mrs. Smoot of Alex
andria sold to the United States government
200 acres of land adjoining for 5000; that
learning of this sale they saw that the govern
ment would be compelled to have more land
for their operations and informed Mr.. Cooley
of the fact and put him in communication with
the agent of the government for the purchase
of the necessary ground, and he Cooley
offered to sell the land tor 81. 500, he having re-
celvod $500 from the sale of timber Oh the land.
They state that these negotiations came to the
knowledge of Jackson, wEo called on Capt,
FOlger, the agent, and informed him that
Cooley only held the land in trust, and that it
WAS worth at least $4,000, and could not be
sold for less that the standing timber was
worth "a, 900 and that there should not be any
Misunderstanding he gave the agent the
agreement made with Cooley (Which he Capt.
Folger) read; that Jack son notified Capt Folger
that Cooley could sell under no circumstances
without the written consent of the counsel.
and that the agreement had been duly re-
corded Notwithstanding this they aver that
Cooley and the agent confederated together to
cheat Jackson and his wife and consummsted
the sale bv deed wv