Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1893-02-07
THE LAND LITIGATION,

Additional Circumstances Surrounding
the Claim of Mrs Ferkler as to the Dav-
export Estate
Rock ISLAND, Feb. 7,-EDIToR ARGUS:
The ARGUS has heretofore referred TO
the Ferkler case. but has not attempted
to express any opinion, yet in view of
the interests that are involved in the
present aspect OF the suit, it is due to
the public and the many innocent pur-
chasers who ale Interested in the D4ven-
port lands, that an exact statement of
the litigation be given that our people
may have reasonable opportunity to
know the probable result. The policy
of Mr.. Davenport in his lifetime with re-
spect to his lands proved, as all know.
serious injury to the growth of this
city, SO different to the policy of Spencer,
Cuse and Others Interested III the other
additions When Mr.. Davenport died
although many persons recognized his
many kindly traits of character. yet all
persons were glad the land policy that
dominated this city so long was likely to
end, and here 1t may be remarked that
many citizens have expressed the ardent
hope that the land mantle of MIR. Dav-
export shall not fall on any of the present
owners OF the Davenport estate.
Bailey Davenport and his family were
no strangers to the people of this local
lty; for 50 yesrs he lived here, sud h's
father, mother and brother were well
known, so that when he died the children
Of George Davenport. his brother, by
common consent were accepted as his
sole and only heirs at law. aud his
opinion has not changed, or is il likely TO
change unless Mrs. Ferkler succeeds.
Mrs. FeTsler is a woman of advsnced
years, and has lived ali her life in this
locality. She claims that she was very
poor. and to help her to live aud raise
her family. Mr.. Davenport advised her
TO move into the country upon section
of land in Buffalo Prairie, prom siug TO
give her the section. She did move and
ma valuable improveme but Mr..
Davenport died without fulfilling his
promise, so she seeks the aid Of The lsw
t. compel his heirs and assigns 10 make
the deed
When the Devenp )rt lands were sold
at administrators sale, the children of
George Davenport we're made parties,
because the law required the heirs to be
made parties If Mrs Ferkler is an heir
she ought to have been made a defend
ant.
If Mrs. Ferkler is entitled to occupy
the position she now claims as half-sis>
ter of Bailey Davenport and one of his
heirs, her course has not been such to in
spire confidence in her claim. Being a
woman of advanced wears, she has had
all her life to know whether she was
Bailey Diveoport's hslf-sister or natural
sister-whether she was his heir or not
On the 9th Of May, 1891, she filed b CT
second bill in court to compel deed to
the section, and in this bill she declared
herself natural sister. and the child rem
of George ID ,venp port the only heirs at
law OF Bailey Davenport. II these state
ments are correct, then she could
not be an heir, and half>sister
Fhe statements of this bill have been
mat ers of public record in our courts for
nearly two years, and during that time
many persons have become Interested in
the Davenport estate. The common
man cannot see how parties to suits can
change their base. Thai Mrs Ferkler was
only natural sister and thai the children
of George Davenport were his only heirs
at law were the statements of her bill
when she went TO trial. After she had
submitted her case then her lawyers asked
leave of court to amend her bill, and in
stead OF charging that she was a natural
sister, she claims now she was half-sis-
ter. This is a complete change of the
base, for il this is correct then the chill
dren of &c )rge Davenport are not his
ly b airs at law and she is not natural
sister in the legal sense. How Mrs. Ferk>
Ter is going to reconcile these statements
is for her and her lawyers to answer.
Rock Island has so far been free from
contending titles; its prosperity is in
volved in the permsnency of its titles
All our people are interested, and it is due
to the public that the facts of this case be
stated so that persons may be able to
judge whether Mrs Ferklers pretences
are correct. O