The Wichita daily eagle., 1896-07-29

With Distress-Shs Left all Her Affairs
With Her Attorney and She Thinks She
Got the Worst of the DeaI-She Now
Sues for a Remedy-Looseness of Di-
vorce Cases.
Mrs. Mary Brinkman brought a suit
In the district court yesterday against
John Henry BT1nkman that contains
Come sensational features involving
: Attorney Sayre. Omftting titles the
complaint says:
Mary Brinkman. plaintiff herein,
complains of John Henry Brinkman,
defendant, and says that heretofore,
bo4-wft: on the 14th day Of December,
1885. this plaintiff brought an action in
This court in which the plaintiff was
p}aintiff and the defendant herein was
defendant, the object OF which was 10
obtain a decree of divorce together
with ahmony and on the 2Sth day of De-
cember, 1895, a judgment and decree Of
divorce and alimony was rendered by
the court and was entered in said ac-
ton, which judgment and decree was
In the words and figures following, to-
wit:
JOURNAL ENTRY.
This cause came on for trial on this
2Sth day Of December, 1895, the plain
tiff being present in the person and by
Thos. c. Wilson, her attorney, and the
defendant being present neither in per-
son nor by attorney. The court being
fully advised in the premises, after
hearing the evidence Of plaintiff and
other persons, finds that said action is
at issue, that said defendant has been
personally served with summons In
this action, that said defendant has in
due and legal form consented that said
action may be set down for trial and
tried on the 2Stlh day of December. 1895.
at this time, and that said defendant is
in default for answer or plea of any
kind but wholly makes default The
court further finds that said cause has
by the clerk of this court been set
down for trial at this time and that
said cause now stands regularly for
tfTai Dor this day and the court further
finds that the allegations of the petition
are true and that said plaintiff is en-
oiued to "a decree of absolute divorce
as prayed for in said petition. 1t is
therefore ordered and decreed by this
court that said plaintiff be and is here
by absolutely divorced from said de-
fendant and that the relatio of nus
band and wife hsretofore existing be-
plaintiff and defendant is now annuIIed
set aside and held for naught and said
marriage contract is now and hereby
dissolved Tt Is further ordered and de-
creed by the court that il shall be un-
tawrul for either plaintiff or defendant
IN 1nS action TO marry any other per-
son within six months from the date
.@p 4I,fe
wit: this 2Sth day OF December, 1896. It
Is further ordered and decreed by the
court that tn lieu of all alimony this
DEFENDANT, ]. Henry Brinkman, shall
pay in cash the sum of $500 and shall
execute TO said plaintiff, Mary Brink
man, a good, valid and sufficient prom
fssory note for the sum of 100000 with
Interest thereon at the rate of eight
per cent per annum, paya bic quarterly,
30 be secured by a good and valid mort-
gage on the following described real
estate lying and situated in Sedgwick
county, Kansas, to-wit:
1.-THE south half Of the southwest
quarter of section twenty-five (22.
township twenty-five (25), range two
(2) east
And that said mortgage shall be {,
valid and good lien on said real estate
and sUbtect only to one certain mort
gage OF five hundred dollars thereon,
giving in part payment of the purchase
money thereof. It is further ordered
and decreed by the court that said
plaintiff shall pay the costs In this ac-
ton taxed at s1o15 out of and from
said $500 in cash to be paid by said
defendant
And plaintiff is barred and cut off
from having or claiming any interest
or right in said property or any other
property of defendant, other than the
said 9Emony above provided.
&c. REED. Judge"
And Plaintiff says that so much of
eaid Judgment and decree as provides
for the distribution OF the property of
the defendant and adjudges alimony
payable by defendant TO this PLAINTIFF
was obtained by fraudulent conduct
and acts OF the defendant and by rea-
son of the fraud practicsd BY the said |
defendant in the said cause TO obtain |
said judgment and decree
And plaintiff further alleges that |
the defendant although he had at |
torneys of his own TO represent him in |
safd cause. Gid not consult his said at
rorneys but was IN regular conslIlta-
ton and conference with plaintiff's at |
toIacs dis 10 lflS KIM or settlement !
which should be allowed the plaintiff |
and how the same should be paid and /
secured And plaintiff further alleges
that she was in no way consulted eth
e. by the defendant or her own at
tor1fey as to what amount she was 10
receive or how it was TO be paid or Sc
cured TO her, and no opportunity was
given 30 her to indicate her wishes in
the matter and no chance was given Z,
this court TO hear the evidence and on
ter q just Judgment but the decree r-as
to the court as a consent |
and agreed judgment between the plain
tiff and defendant as TO the matter OF
alhnony; when in truth and in fact the
plaintiff had nothing TO do with such
a agreement and under no circumstances
would have consented to such a judg-
mefft unless the court after hearing the
evidence should have rendered the
same
Plaintiff sheweth the court that she
Is an Old woman having lived with the
defendant for forty years and aided in
the accumulation of all the property
now owned by the defendant. which
consists OF a good farm worth about
sl.sOo.o0 subject TO a mortgage of $500
ana about $4,000 worth OF personal
properly all OF which she has helped
him TO earn And she has said chill
aren by the defendant That she is