The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-09-11
THIRTY-SEVEN IN ALL.
TIE MULLEN BJECrMENT SUITS TO
BE CONTESTED.

The Defendants Organize an Associ-
alton for that .Purpose-No More
Suits to Be Entered-Thoss Already
Begun Put Off Until the Last Day of
the seven Years in Which They Can
Pc Fled-The Principal Points in the
Claims and the Line of Defense.
No further suits will be filed by the Mil
len heirs for the recovery of the Prender-
CAST tract and other property claimed by
them. The seven-year limit for the fling
of such suits expired the day the thirty-hve
suits were entered.
A meeting of the defendants was held
at the Office of c. F. Prendergast, No. lO6
Bay street. last night About twenty OF
those interested were present A determl-
nation to fight tire suits to the end was IN
mistakably manifested. The meeting was
organized by the election of Mr.. Prender-
CAST chairman, and Capt. j. +. Brooks,
secretary. A committee, consisting OF the
chairman, Col. William Rogers, DR.. H. H.
Groth, George NJ. D. Riley and E. F. Bryan.
was appointed to report nominations for
counsel ana permanent officers for the or
Ranization, and to outline the plans aud de-
tails for the proposed association. The
committee was especially charged to ger
form its duties as speedily as possible and
report 10 a called meeting. 1t was clearly
evident from the tone of the meeting tn {
the suits will not go by default on the part
of the defendants.
, THE sEvEN-YEAR LIMIT.
For the filing of suits for the recovery of
property hnlawfully sold the law. 1t
is claimed, allows seven years from
the date of the death of the life
tenant. Mary Sauls Millen, the life
tenant Of the property claimed died Sept.
3, 1884, Last Saturday was the seventh ami
versary of her death, and had not the suits
been filed on or before that date the heri
would have been debarred by the statute Of
Limitation.
II is understood that the defense will SCI
forth that in the first place the sale of tht
property by Grief Linch was lawful, ant
in the seoood that the seven-year limi
should date from the time of the sale anC
not from the dale of the death of the lift
tenant. Hon. T. NJ Norwood, one Of tn,
attorneys for the plaintiffs. said that if tn,
latter point is raised it can be easily met.
THE PRENDERGAsT TRACT.
The Prendergast tract is the largest par
of the property sued for, containing 1881
acres, more or less. 1t passed from Andre
J. Low to John Gardner by a deed dateC
December, 1885. Gardner sold IL Co JOIN
Millen In 1887 and the deed is dated MarcI
9 of that year. The title passed from job,
Millen to George D. Millea under an ordel
of'Chatham superior court, based upon ,
bill fled by Richard d. and George D
Millen against Jacob Waldburg and Cor
nelia M. Millen, adm nistrator and admin
istratrix OF John Millen, who died May IS
1e45.
The deed from George d. Millen to Jacot
Waldburg and Cornslia M. Millen was IL
trust for lis wife, Mary Sauls Millen, fol
life and her children. in remainder. This
deed is dated June IL, 1915
Michael Prendergast purchased the
property from Grief Linch, trustee of the
Millen family in 1S49.
THE WEARING TRACT SUED FOR BY LOTS.
The Waring tract is not being sued for as
whole, but by lots, which leaves the
Prendergast defendants involved to the
greatest amount.
There are seven heirs for the property as
follows; Ehzabotn D. Freeman, Charlotte
G.. Brandon, Sarah NJ. Wooten, Henry D.
Millen, children of George d. and Mary S.
Millen, and Georgia Ann e. HUFF, grand
child of George D. and Mary Sauls
Millen. and only child of Mary Sauls
Edwards
A prominent attorney in speaking of the
case yesterday, said that one Of the princi-
pal points in it will be whether Grief Linoh
was lawfully appointed trustee and the
ratification of his acts by the heirs. II they
ratified any portion of his acts regarding
the sale of their property they ratified all,
but, on the other hand if they didn't ratify
his action TIE sale couldn't be considered
lawful. These are questions OF fact, how
ever, said the attorney. which will have tc
be submitted to jury, and the question OF
= the plaintiffs winning under such circum-
stances looks dim.