The morning call., 1894-06-28
AGAINST PHELAN.
Mrs. De Martins Suit for
Restitution.
Alleged That the Deceased Million
aire Tricked Her Out of Her In
tereSt in Some Land.

An amended complaint was fled in the
Superior Court yesterday in the suit
brought by Mrs. Francisco l.. de Martin
against the executors Of the Phelan estate,
in which she claims S175. 375 from the es-
tate, and brings grave charges of fraud
against the late James PhAlan.
The suit is Instituted against Alice Phe-
Ian, Alice ?. Sullivan and James ID. Phe-
Ian, as executors, and refers to events that
date as far back as November. 1881. At
that time, states Mrs. de Martin. she was
the owner of real property in San Jose.
The property was subject to three mort
gage liens, two of which were owned by the
Bank of San Jose, and the other by David
Belden. The liens aggregated in all $751;
600.
The two aforementioned liens were fore
closed on August Is, 1881, under a judg-
ment and decree obtained in the Superior
Court OF Santa Clara County, but preVi-
ousIy to that all three liens, with the prop
erty covered by them. had been assigned
and transferred TO James Pheian. From
this the interest, principal, costs, etc,
brought the total Indebtedness upon the
property up to S196.000. 1t is stated in the
complaint that the value Of the property,
without respect to such Indebtedness, was
$500. 375.
Now, after this time it is stated that
Mrs. de Martin, who is a widow, was in
great financial distress and did not know
where to turn for assistance. 1t is charged
| that Phelan knew her condition and took
a wllful and deliberate advantage of it.
Mrs. de Martin was not in a position to OBJ
| tain any fur her mortgage on her property
as 1t was in Phelan's hands, nor would he
| give her the balance of the value of it.
! Mrs. de Martin attempted TO negotiate
with Pnelan, but notwithstan0 that
| the equity OF redemption was S45, 800 upon
| the appraisemeDt OF the property taken at
| the instance of PhelaD himself yet all he
would offer her at first was $4,000. This offer
was promptly refused. and then Phelan
| tempted her with offers of $4,000. SIC, 900,
until finally he reached $4,000.
This last offer. like the others, was re-
| fused, Notwithstanding the fact that Phelan
| was constantly threatening to sell the
! Phelan so terrified" Mrs. de Martin up
to November. 1891, that at that time be-
lievlng. according TO Phelan's representa-
tons, that the property was actually going
to be sold. and that it wanted but an hour
| 10 the SALE she was induced to accept
| $4,000 in lieu of her remaining interest.
Mrs. de Martin now alleges that she was
| willfuly deceived. She says that Phelan
never really intended to sell the property
but wanted to secure her interest in the
property as cheaply as be could. 1t is
even alleged that Phelan boasted that ht
would have gone as high as the S45.5
mentioned before if he had been compelled
to do so.
On these grounds Mrs. de Martin charges
the deceased millionaire with fraud, arc
sues to recover the balance of her prop
erty, assuming the property TO be wortl
$500, 375, and wledging S196,000 in
debtedness and $4,000 received from
10 hal ieft wnnt6 ma C17E 27S
This is the sum which Mrs. de Martil
sacks to recover,