The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-07-11
sAvANNARs BIG LAND CASE.
The Millen Claim Trial to Begin To-
daV.

day.
To-day the trial of one Of the most i'm
| portant cases ever before the courts In this
section will begin in the superior court. 1t
is a case involving vital questions to many
Savannahians, whether they are 10 lose the
land which they bought In good faith and
upon which they have erected homes. In
/ some instance the purchasers of this land
| and the erection of homes represents many
| years Of hard earnings
The Millen land claim case will, no doubt,
be one which will go down in the court
history OF Savannah. The finest legal
talent that could be secured will figure on
both sides, and every inch Of ground will be
hotly contested. Ths trial will probably
! last for several weeks.
The suits. for there are thirty-hve Of them
| punched together are brought at the in
stance of the remainder men and children Of
MrE d. Millen. late of Jasper county. Mrs.
Millen was the wife Of George d. Millen of
Jasper county, son Of Hon. John Millen of
Savannah, who died In the early '40s
The property is known as the Prender-
CAST tract. The claimants are six in num-
Der and reside in Jasper and Butts counties.
Hon. John Millen Of this city, who re-
presented the First district 10 congress for
| several years and was distinguished oIti-
zen OF Georgia many years ago, died In
| 1S43, leaving large landed property in this
county and elsewhere 10 be divided among
his three children.
The twenty-seven acres in question fell to
his son, George d. Millen Of Jasper county,
who made life interest i'll the property TO
his wife. Mary Sauls Millen, and Jacob
Waldburg and Miss Cameia Millen of Sa-
vanDah were appointed trustees for Mrs.
Millen. They were succeeded in their. trus-
teeship by Grief Linoh. Linch sold the
property to Michael Prendergast without
any authority 1t is claimed by the plaintiffs,
as Mrs. Millen had only life interest in it
and could not DISPOSE Of IL had she wished.
The property claimed by the plaiRtiffs is
from Gwinnett street to Second street and
from the east side OF Drayton to Haber-
sham, taking in some of the handsomest
residences in the CITY. The following are
the parties involved: Mary A. Waring and
p. Aston Wariug, executors estate DIR.
Waring ct al; Mary A. Prendergast, in
dividually and as executrix, ct al. p Aston
Waring, claimant and II. H. Moore, tenant
In possession John II. Cavanaugh, William
H. Coburn, W. 4. Leopold, Mary Trapani,
William Rogers. Capt. Jordan F. Brooks.
Sarah r. Cheatham, Charles W. Howard
Clarence E. 'Broughton, John w. Chandler
Rachel Flint, George NJ. D. Riley, Margaret
McQuade, George F. King, Annie J.
Warning, Dr. a. Il. Groth, Alex H..
Rain, John Neiu, Col. II. s. Hainss. L.
P. Smart, the Home Building Company,
DR.. George G. Hummel, Thomas H. fheus
and Daniel A. Tuberdy, E. F. Bryan, adj
ministrator Of the estate Of T. c. Bryan;
Henry G, Harden, Samuel E. Dahl, George
Mod. Nathan. Catherine J. Moore, George
F. King and George T. Cam, J. F. LaFar,
M. L. Exley, trustees, ETC.; g. NJ. Ryals,
and G. NJ Ryals. trustee; Theodore L. and
G. +. Broughton. Chatham Real Estate
and Improvement Company, Excelsior
Loan Company and George +. King.
The property involved in the suit amounts
in all to about 100 lots. One Of the tracts
sued for is the western one-third of Lee and
Waring wards, and a range OF lots in White
ward extending from Anderson to Gwin-
nett streets. 1t covers all the lots along
both sides OF Habersham street, between
these streets, to point seventy feet west
and little less than 1870 feet east of Haber-
sham, in all about forty six lots.
Another is the Prendergast track, now
known as part Of Reppard and Cumming
wards, south Of Anderson street, containing
altogether about sixty lots
The remaining lots covered by the suits
are part of a strip Of the eastern portion of
what was once known as the ninth section
OF Cuthbers ward. being three lots, each
about twenty-five feet wide. between New
Houston street and Bolton street lane, Just
east of Drayton street.
All TINS property, excops perhaps eight
lots, which the owners got either through
the Title Guarantee and Loan Company, or
the titles 20 which were passed by its at
torney, is included in the suits brought.
These lots, under contract made by Mr.
Beckett, attorney for this company, with
the claimants, is specially released from all
claims by the Millen heirs and is not sued
for.
The land in Reppard and Cumming
wards, known as the Prendergast property,
was sold in 1885 for 300, in 1897 for s6fo.
and in 1849 the late Mr. Prendergast bought
IL from the trustees of the Millen family
for $780, The lots have been recently sold
at prices ranging from 81, 900 to So, 900 each,
six or seven Of them having been disposed
Of at these figures.
The Warning track was sold in 1918 for
| about s., 1900. in 1922 for $500, in 1881 for
$3.50. and in 1913 for $3.50. In 1859 the late
Hiram Roberts bought it from Mr.. Prem
dergast for 81, 500, and in 1866 sold it to DR..
Waring for $500. One piece of vacant
land, thirty feet on Habersham street, with
a depth OF seventy feet, was sold q few days
ago for 81 500, and s., 900 is not an unusual
price for full corner lots on Habersham
street.
The attorneys for the claimants are
Preston, Oils & Polhill Of Macon, ex-At-
torney General Anderson, Norwood q
Cronk and r. r. Richards, Esq. The
property owners who have pooled their
issues will be represented by Garrard &
Meldrim and Denmark, Adams 81 Adams