The record-union., 1895-08-29
COMPLICATED LEGAL CONTROVERSY.
A Drove of Steers Started the Ball
Rolling.
Citizens OF Michigan Bar Mixed Up In
Legal Middle That VIII Be
Hard to Stra12hten Out.


well-to-do ranchers of Cosumnes Town
ship, in the eastern section OF the county,
have been having peck OF trouble re-
Gently, and the probabilities are that mas
only Just begun. 1t is one OF those cases
that pile up costs at an alarming rate ahu
makes fat fees tor lawyers. The trouble
which was very simple at the beginning
and which now seems to De an mex
tricable tangle, is, briefly stated, ss foi-
lows:
About the first of last June nineteen
head of cattle belonging to John Mahan
broke into and did considerable damage
to q fold of grain belonging to Melss.
The latter sent word to Mahan to settle
the damage, which he computed at Sl0O.
and take the cattle. Accordingly Mahan
went for the cattle, but not having the
necessary Sl00 wherewith to pay the al
legged damage, finally agreed to leave
eight or nine head Of cattle as security
for the amount, and drove the remainder
home, also agreeing TO redeem the cattie
left for security on certain oate. belofe
the day arrived, however, the cattle helu
by Meiss disappeared, and having ascer-
tanned that they were once more in NJ a
hams possession, he recovered them by
an attachment, and as once brought SUIT
for $3.50, also for the cattle. aud for the
costs in the case, giving bond to cover
the entire amount, and retaining as coun-
sci ex-Superior Judge Armstrong.
The complaint to which Meiss sWore
was q corker. 1t alleged, among other
things, that the cattle in question were
taken from the plaintiffs corral at night
and driven away by John Mahan and his
brother James. There was. however, no
attempt to prove the allegation, and evil
dence was brought to disprove 1t entirely.
In the meantime John Mahan took
steps to have the cattle. which were worth
about $500, returned TO him, and sued out
an attachment for them, offering bon
for 500, which was accepted, his bonds
men being James Jordan and Il. ID.
Thomas, the mining superintendent.
The cattle were promptly returned and
as promptly driven TO the mountain
range of the Mahans.
e. Theftrial which was before Justice OF
the Peace Davis, and which occurred May
30th, resulted in Meiss securing Judg-
ment for 500 and costs In the case. which
had now piled up TO the tune OF $3.50. The
defense promptly gave notice OF an ap-
peal, and execution was deferred thirty
days for that purpose.
things happened. but an appeal of the
case was not one of them. All thoughts
of appeal had apparently been put on ice,
and meantime John Mahan effected a sale
OF his real estate, valued at about IS, 900.
to younger brother, Phil, giving war
ranty deed for the same. and making
bill of sale to the same party for his per-
sonal effects, amounting, IL Is SAID, 10
something over $1,000.
At the expiration OF the thirty days an
execution for the judgment was placed i'll
the hands of Constable Eugene Raymond,
who found that the recent transfer of
property. properly spread upon the coun-
" records, left John and James Mahan
practically penniless, and he had nothing
upon which to levy.
But the Constable was not to be
daunted, and, having made up his mind
to levy on something, forthwith filed
upon "all that property (reaD belonging
to John Mahan and James Mahan, now
held in the name of Phil Mahan." He
property to satisfy the judgment and
tx ed the same for August 3lst.
But Phil Mahan objected to such pro.
ceeding on the part OF the Constable, and
served the regulation notice upon him
warning him to sell neither the whole,
part nor parcel of the property, or suffer
the consequences.
The Constable, having a wholesome
fear of the law, and being doubtful as
to how his bondsmen would take it if
suit were instituted against them, prom
ised to release the land from execution
the next day, and Phil Mahan returned
to the mountains light of heart. But the
next day arrived, and the Constable ex-
perienced change of heart-so much SO,
in fact. as to reconsider his promise of the
day before. Meiss, 1t seems, insisted on
the sale, and the Constable has concluded
to sell-if he finds anything owned by
John or James Mahap.
The knowing ones say the property
cannot be sold under the order held by
him, and assert that the matter will be
carried to the Superior Courts on the alle-
cation that the transfer was made with
intent to defraud, by escaping the execu-
ton that was never served, and while
every move is interesting the end is not
vet,