Omaha daily bee., 1892-04-10

the perDetrator OF the fraud that renders the
he yo,n re say that be viii beprotected by
hnds himself by reason Of his fraud is to put q
ppemiWm r War; upon pom vice and place virtue below
knowine that If successful he would enjoy the
| IrultS OF wrong doing. and If detected be
would get his money back with interest '>
wrnns nSrehaah.s In sny 1t would be monstrous
free from encumbrance. That is rot the dues
t1on now before the court The question is.
can the defendant invoke the mid OF court of
equity under the facts proven and admitted
But defendant contends that If he would
Of equity in his own behalf still the plaintiffs.
! Peing pc the moving parties, must first do equity
he has Dd out
| tins to have the deed set aside de-
| pendss snms upon their ability to, show the
pay into Court EooO Besides 'hef IL The aCy
required that to be done, 1T would be doing on
thing which would not be done il asked bv
nhen, nne ii VIZ giving them security: II he can
euutv fne be aa Na me court @ Of equity how
The prayer OF the plaintiffs will be granted
a., and the deed set aside. Milton H. Gobie. the he
courtesy, not hav Ing Joined with the lain
Ind nims, we are OF tho opinion 1t would be i'm.
profits. but the plaintiffs are the owners of
M sne property and entitled to have the deed
'o'S VI ehe Sdses
Father Williams, in speaking of the history
OF the case, said that in 1854 Mr.. ana Mrs
Goole bought the property in question stu
ateu at 1910 Davenport street. They paid
=, oo0 In cash and gave notes aggregating
s6,0oO The next year Mrs. Goble died.
Hopie made no attempt to pay off the debt
against the properties at 1910 Davenport
street and on June 3, 1880, O'Connor offered
the property at sheritf's sale. Mr. Williams
was absent when the sale was made, but re-
60,
that there had been fraudulent transactions
connected with the sale Of the property,
which bad been bld iu by O'Connor He
learned that Mcfarland & Saunders had
Meta,r,on1 SeeR bidders o,is At the sale and that
"a me o property. In fact he did bid
$500, when he was approached by
OConnor. who gave him 5000 to retire
and not bid any more. He, thinking that
O'Connor did not intend to let him have tho
property, accented the money and retired,
after which O'Conner bid The property in in
MS own name at 81, 500.
When Mr.. Wllnamsdsarned this he brought
suit against o'Connor 10 set the sale aside,
sisted OF hiring Legitimate bidders not to bid
at the sale. Ia dp
Continuing, Mr.. Williams said that O'Con.
nor, as executor OF the estate was guilty of !
cheating two minor heirs. This was proven
on the witness stand---nnd no attempt was |
made TO deny the fact.,
AS evidence OF the fraud Mr.. Williams |
stated that after the suit was brought o. Con- |
ner approached him and offered to deed pack |
the property upon payment being made of |
Tue amount that he had invested Prior 10 |
tne commencement Of the suit, however, |
O'Connor would no5fi consult with MIN re. |
garding the matter and at that time abso- |
iutely refused 10 transfer the property.
Mr.. OConnor was seen by reporter and
asked TO state his side Of the case. He said
That he was ready to deed the property back
II he was paid the money that he invested.
Other Litigations.
The case OF Hoagland ct al against w. J.
'aui was called in Judge Doane's court and
for one week. In this case there
are twenty-five creditors and sz5, 900 at issue
ne trouble grows out of the building OF a
aum6er of houses at Twenty fifth and Har.
ley streets, which Paul erected two years
lgo. Being unable 10 pay the contractor.
inu material men liens were filed and ar |
empt Is now being made to establish their
priority. 'i
In the case OF the state against III. T.. Mup.
'ins, charged with having robbed a Swede
Ne!s Olsen, OF $50, the Jury returned YER,
iict OF not guilty.
Attorney John .. Yelser was before Judge
Aeysor with peculiar request. Last Thurs
ay case In which Yelser should have an |
eared Tor the plaintiff was called Tho attor.
ey being absent, dismissal was entered |
lesterday feiser asked to have the case rem.