Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-01-11
TO EVICT THE DEAD.
Pushing the Claims to the Homestead
Cemetery Property.
MORE SUITS TU BE FILED TUESDAY.
Attorney George Guthrie Says the Case Was
Settled Years Ago.
PLAINTIFFS COUNSEL is CONFIDENT

The article in Yesterdays DISPATCH re-
garding the complications in the title to
over 200 acres of land in the Twenty-second
ward caused considerable discussion in real
estate circles.
Suit has been entered by Attorney J. F.
Cox for the recovery Of lots in the Robinson
and Dickie plan, about 80 acres, and other
suits will be entered against the Homewood
Cemetery and the second plan, including in
all 223 acres, the value of which is variously
estimated at from $500, 600 to 81, 100000.
The names of property holders interested
follow: In the Robinson and Dickie plan
Gustave A. Date, James w. Houston,
Leo Reed, William G. Foster, Mary E LA
Hays, Matte D. Taylor, Joseph A. Edie,
Robert L. Roller, Sarah j. Logan. Lena
Hager, DR.. 1. S. Waugaman, S. Emma
Shallenberger, Charles H. Adams. Thomas
Z. Lindsay, Anna P. Bostwick, r. +.
Brolas, William Hosack. John W. Robin
son and Mary E. Dickie, wife OF Samuel A.
Dickie.
Plan No. Pr. G. Gillespie, NJ. P.
Hawley, Samuel Mcdonald, John H.
Ward, Thomas Cadwallader, Frank Moore,
George N. Monro. William Carr's heirs,
John Scott's heirs, William wilkins
heirs. William Coleman's heirs. Mamie T.
Bradley. This plan also includes the
Homewood Cemetery property.
Attorney George w. Guthrie's Opinion.
The plaintiffs to the case are confident of
winning, but the attorney for the defendants
is equally confident. Attorney George w.
Guthrie, trustee of the wilkins estate. was
called upon yesterday. He laughed at the
idea o: the suit having been brought. SIT
is simply ridiculous" said he. "That was
settled over ten years ago." Mr.. Guthrie
then referred to his files and found that a
case was brought in 1876 in the County
Courts by Joseph, Hiram and George Duke,
to recover the same piece OF property. The
plaintiffs attorneys were Weir & Gibson.
I'm this action of ejectment," continued
Mr.. Guthrie, ''the defendants won. 1t was
| then the wilkins estate, but has since been
sold to the Homewood Cemetery Company
and others. The defendants then took the
rule on the plaintiffs to make their appeal,
but they did not. Defendants also took the
rule on the plaintiffs to compel them to bring
their second action, and that was not DONE
That debars them from any further action.
That is all L know about the matter. It's
beyond my comprehension"
Speaking OF the law governing the case,
Mr.. Guthrie said: I'm suits OF ejectment
two cases may be brought. but the defend
ant has the right to take the rule requir-
ing the plaintiff to bring the second action
Immediately after losing the first. This rule
was taken advantage OF in this case when it
was tried in 1876.
The Law Governing the Case.
"As consequence" continued the attor-
ney, 'if this case does come to trial it
will not be tried on its merits, but the de-
PENDANTS will merely have to show that it
was tried before and lost, and the conditions
of the laws complied with. am not worried
about the case at all, and don't think any
thing will ever come of it. did not know
any such move was being made until saw
The DISPATCH.
Owners of property in dispute do not; like
the fact that the suit was brought, even
though yery-fswtof them believe that any
thing ot'fmportance will result. They con
slider it damaging, and should anyone wish
10 dispose Of the property the case would
prevent it. The Secretary OF the Home
wood Cemetery Association was asked his
opinion of the affair, hut he preferred that
President William Rea do the talking.
However, that gentleman could not be
found. They are not at all worried about
the matter, but would prefer that it had not
come up.
Opinions differ among the real estate men,
but great many of them think Mr.. Cox is
not going it blind, by any meaus. They
seem to believe that there is good chance,
at least, OF recovering. Others take the
other side of the case and argue that it will
all end in smoke. The attorney himself is
confident of victory. and says his case is
stronger than people might suppose.