The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-03-26
SHE LOST HER HOME
WIDOW OF LATE CAPTAIN MYERS
BRINGS A DAMAGE SUIT.

phlNUG q UhMhU Gull
Charges that L. w. CIapp Caused Her to
Lose Her Home by False Representa-
tions--She Asks the Court to Award Her
Damage in the sum OF Two Thousand
Five Hundred Doilars--Says He Prom
ised Buy Her Home and Deed il TO Her.
but Afferward he Refused to Do So
What the Other Side said.
There was a rather sensational case
filed in the district court yesterday in
which the widow of the late Captain
Myers claims that she has been de-
frauded out Of her property.
1t has been frequently remarked
that Captain Myers left his wife con-
siderable property but that by some
mishap it has nearly all slipped away
from her
The title of the case now in question
is Candace ~. Myers ". l.. w. Clapp.
Mrs Myers claims s.. 500 and for the
cause Of action says: that heretofore
{. II. Ciapp commenced certain suit
in the district court of SedSwlck county
against the defendant and certain
other parties: that said suit involved
certain real estate situated in SedS-
wick county. state Of Kansas: that
large sums Of money were involved in
the said case and also certain real
estate described therein, and that the
value of said real estate is 81, 600; that
this said plaintiff was during all the
time of the tendency Of said suit IN
= -R,s.
Clapp was the agent of the said {. ii.
Ciapp in the said suit. did the business
for the said G. II. Clapp and repre-
scented him in all business trdnsac-
lions as his agent.
That immediatcl prior TO the COM
mencement Of said suit in said court,
wherein the said &. II. Clapp was plain
tiff and Candace Myers ct al were de-
PENDANTS. this said defendant came TO
the plaintiff in this cause and told her
that certain papers might be served
upon her, that if the same We're that
she need pay no attention thereto; that
they would in no way deprive her Of
the possession Of said property; that
he would attend TO her interests there
IN"
That said L. W. CIapp made said
representation 10 the plaintiff fraudu-
lently. purDosely and for the sake of
defraUding plaintiff, and that at the
time the said l.. W. Clapp made the
said representations he knew that the
same were false and made fraudulent
ly; that afterwards the said l.. ".
Clapp informed this plaintiff that she
need not pay any attention 10 the said
suit: that he would have u certain
mortgage on certain property foreclos-
ed and would buy the property in his
own name and would imm ediately
turn the same over to said plaintiff for
the amount Of this claim to NIT the
sum Of 81 500.
And this plaintiff AYERS that she re-
lied upon the said representations of
the said l.. W. Clapp, and at the time
the same were made 10 her she be
lieVed the same 10 he true and believed
the said l.. ". Clapp would do as he
agreed TO do; that relying upon such
representations she did not pay any
attention to the sale of said property
except as heretofore set forth or TO her
interests therein: that she relied upon
the said representations of the said J..
w ClaDp"
Mrs. Myers then AYERS that she
rendered i. W. Clapp the amount of
his claim against her TO init $l.SGG;
that he refused 10 accept il or return
her the property and that all of the
representations heretofore set out 10y
the said l.. ". CIapp were false and
purpose Of cheating her and dcfraud
ing this plaintiff.
That the said l.. W. Clapp at the
time he made these same representa-
lions knew The same to be false and
fraudulent and made them for the pur
pose OF defrauding plaintiff.
Plaintiff further AYERS that at the
time the said l.. W. Clapp brought the
said suit against Candace \. Myers
and during tie times herein mentioned
she had an interest in the said real
estate to the value of s.. 800 which said
interest in and to the same property
she has lost by reason Of the said false
and fraudulent representations Of the
said L. ". Clapp.
plaintiff further AYERS that by rea-
son Of the said false and fraudulent
representations that the said l.. ".
Clapp has recovered judgment against
her Tor the said sum of 81 500 and has
deprived plaintiff Of the said property
heretofore described.
Wherefore and by reason of the
foregoing plaintiff demands Judgment
against said defendent. L. W. Clapp.
for the sum of $500 and for such other
relief to which in law and equity she is
entitled and for judgment against l.. W
CIapp for costs Of this. case
Amidon g Conley filed the case and
ii caused a good deal OF comment
among me attorneys OF account OF
such grave charges as Mr.. Clapp is
generally regarded as an upright bust
ness man.
1t was in connection with this former
trial mentioned that mandamuS pro-
CeedinSS were commenced 10 compel
Circuit C'erk Bridgema To APPROVE a
h, nd. Mr.. Clapp having given tho clerk
notice that n sh pdid hold him reSpcn-
Sible If he approved a bond not good.
The papers in the case have not been
served GA Mr.. Clamp yet. In converse
tion with number of his clerical force
last night a reporter for the Eagle was
Informed that the case il simply Il
plain case of mortgage foreclosure and
that there was no fraud or falSehOod
about il He also said that Mrs.
Myers recently called on Mr.. Clapp
and wanted $50 for possession and she
told him that unless he settled with
her she would fight To the end and re-
tain possession of the property as long
the affair could lee kept in the
courts.
GONE TO HIS REWARD.
tions for His Funeral.