The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-23
A MARK TAPLEY SUES
HE BOUGHT PROPERTY THAT WAS
DESCRIBED IN GLOWING TERMS.
Couldn't Find the Churches and RaiE
ronds i'm LIE Beau City-Other
Court Items.

Elizabeth A. Snipes is the defendant in a
rather peculiar damage suit which began in
Room 3, of the Superior Court. yesterday.
Sylvanus Cary is the plaintiff and Thomas
2. Mills and Samuel Small, Indianapolis
real-estate brokers', are party defendants.
Mrs. Snipes and the real-estate men are
charged with having made Cary the victim
of some gross misrepresentation. Oct. 2,
1890, Cary was the owner of a house and
lot on North Elizabeth street. Elizabeth
Snipes had a piece of South Dakota prop
erty in her own name and challenged Cary
for a trade. After considerable dickeriLg
on the part of all the parties concerned the
deal was with the assistance
of the defendants. Mills and Small. Mrs.
Snipes valued her Dakota property at 5000.
Cary had not visited his prospective pur-
chase and alleges that he depended entirely
upon the representations of the defendants.
The property was located in the town of
lie Beau City, Wadsworth county, South
Dakota. Cary says that he was shown a
map representing the town. He AYERS that
the defendants pointed various public brld-
ings, a military park and several churches.
They told him, he says that LIE Beau City
was one of the growing towns of the West.
He understood that it was thickly populated
with an Industrious people; that 1t pos
sessed a steamboat landing where all of the
large Missouri river boats were wont to
stop each day and, further, that the town
mine and that it had four railroads which
were almost completed. Relying upon the
map, the plaintiff AYERS that he executed a
deed for his property and set out for the
m msda = sa,r A Of thes town " in Search Of the
points of interest he had been led TO be-
lieve were to be seen. He declares that he
found few of the improvements alleged by
the defendants. There We're no churches,
no parks and no railroads. He was unable
to locate the steamboat landing and found
that the coal mine was forty miles away.
His next step was to bring a suit for DAM
ages which has been pending for several
years. In the meantime Mrs. Snipes fell out
with Mills and Small and sued them for an
accounting. She recovered a Judgment for
been carried out and Cary wants the amount
paid to him. In addition, he asks for SL,UO
damages. His Elizabeth-street property, ne
SAYS, has been transferred to others, and
he cannot obtain possession OF II. Mrs.
Snipes asserts that she had no intention of
disappearing her Dakota property and
disclaims all knowledge Of the fraudulent
map. She says that If the advantages OF
LIE Beau City were magnitied, 1t was on
the part of the real-es.ate brokers. A half
dozen attorneys are connected with the suit.
Effect of Dog Tax Decision.
In the case of Taggars Auditor. VS.. VIII
liams, Treasurer, the Supreme Court de-
cided that the surplus dog fund tax, after
the payment of killed sheep IN the township,
is to be distributed to all the schools and
school corporations Of the township, and
that the Board of School Commissioners is
therefore. entitled to it's proportionate share
to be distributed as the congressional
school fund is distributed. The reversal
came in upon the ground that the auditor
which the suit sought to compel lin to
do. but that the township trustee, being
custodian of the fuEd. could be compelled
to make that distribution in conformity
with the opinion. The reversal carried
with 1t Instructions to amend the pleadings
compelling the trustee to make the dis
tribution.
The situation is peculiar in that the case
was reversed. seemingly in favor of the
auditor and the trustee, but really in favor
of the school corporation OF the city. The
Supreme Court had to override a former
decision to reach the present one. The re-
port, as published yesterday, was obtained
from an attorney making a syllabus of the
voluminous opinion. The School Board Will
the instructions of the court and will then
secure a decision establishing it's right to a
share in the surplus dog tax OF this
township which has been held up for four
There Is said to be thousands OF dollars in
numerous townships of the State awaiting
the decision in this case.
o Found His Furniture Gone.
George r. Snyder. an employee of the In
dianapolis Foundry Company. filed a suit
in replevin yesterday against his wife,
Clarinda Snyder. For several years prior
to Dec. ), 1894, the Snyders lived in Haugh-
vile. On that date, me Iph laintiff so alleges;
furniture to the home of one OF his rela-
tives. He went home from his work at
the usual hour and found the house de