The herald., 1893-02-09
panies passed upon the title, finding
nothing wrong about it.

panies passed upon the title, finding
nothing wrong about it.
But finally one company discovered
the neglect of the administrator to sign
the letters and take the oath prescribed
by law, and it threw cloud upon title.
| II frightened all who had bought lots
in the tract, and they scarcely knew
what to do. AbqntahaH of alIwh0t had
originally bought had sold out by this
time, but number still remained, and
legal proceedings ensued which the
plaintiffs claim were unauthorized
by Mrs. Dennis, and were carried
through by W. H. H. Russell, who had
formerly been her attorney, but whom
she had not seen for several years. Mrs.
Dennis was absent in the east at the
time the suit was brought.
It was suit purporting to be brought
by Mrs. Clotilda S. Dennis, as admins
tratrix, vs. l.. 9. Winston and 36 others,
the defendants being purchasers of land
in the tract. 1t alleged that the defend
ants had illegally ousted and elected the
plaintiff from the land, and asked that
the title be quieted.
The present plaintiffs claim that on
the same day this complaint was filed,
April 25, 1888, and before any summons
had been issued or served on the 81 de-
PENDANTS, they each filed separate an
swers and cross-complaints that the
next day separate answers to each OF the
cross-complaints were filed in the name
of Mrs. Dennis by w. III. Ell. Russell.
The action was heard May Sd and a
Judgment and decree rendered in favor
of the defendants upon their cross-com-
plants, and duly filed and recorded, in
which they were declared the true and
lawful owners of the property purchased
by them.
The heirs claim that their mother
never employed Mr.. Russell to bring the
suit described and had no knowledge
that it had ever been brought until JAN
uary /, 1898, and that none of the pro-
ceedings were authorized or ratified by
her.
The heirs therefore wish to have the
proceedings declared null and void and
cancelled. and also to have the deed
made by Mrs. Dennis as administrative,
to Edison Turner, declared null and void
and cancelled, and in short to have
themselves declared the owners in fee
simple. as tenants in common OF an un-
divided two-thirds of the property and
entitled to it's possession.
1t ia understood that the heirs do not
rest their claim alone upon the mistake
made by their mother in not taking the
oath as administrators, but that they
claim that their rights as minor heirs
were totally disregarded in the matter
and that therefore the proceedings by
which the property was sold were all
illegal and should be set aside.
They say that when the case comes to
trial there will be some very sensational
testimony relative to the suit brought
by w. HI. H. Russell. They intimate
that he will be implicated in manner
that will show him to have acted
in very bad faith to say the least, and
30 state in their complaint. They refer
to the extraordinary facility with which
the answers and cross. complaints of the
numerous defendants were filed close
upon the heels of the filing of the COM
plant to quiet title, and the answers OF
Mrs. Dennis, Immediately thereafter,
and say they will be able to prove that
the proceedings were characterized by
fraud all the way through.
THE OTHER SIDE.
1t ia no slight matter to attempt to
take away the homes OF people who
have bought property in good faith and
have had it represented that the title
was good. Little by little the 25 acres
which was barren waste when Mrs
Dennis sold it to Edison Turner and re.
ceived $4,000 for it, has been made to