The herald., 1896-12-09
IT WAS A DEED OF TRUST
Insignificant Changes in the City Justice
Election Contest
Edwin Atlee Embezzles Diamonds and Then
Skips ut
A Colored Lover Charged With Seduc-
tion-Neighborhood Row Over Ger
tain Ducks-A New Telephone
Service in the Courthouse.

1t is rather hard lines for one during
his or hers and then some day to be rude
ly awakened to realizing sense of the
fact that it belongs and has belonged
throughout the dream Of happiness to
somebody else.
And yet this is just what has actually
happened to Mrs. Amy Darling, who has
brought suit with the end in view that
she be rehabilitated in her rights.
The story of the trouble dates back
to August 10th, 1856, when Mrs. Darling,
having inherited from $ScO0 to $4,000
from her father, William Rhodes of St
Paul, Mimi, gave to her husband
power of attorney that he might so east
and collect the legacy. He did so, and
upon his return the money was invested
in the purchase of lots IL and 16, irrlga-
BILE lands, in the Hunters Highland
View tract, which embraced about fif-
teen acres of land, with pro rata right
to the water flowing from an adjacent
stream. Here the Darling family lived
happily and comfortably until the death
of her husband and father in 1895.
When this sad event occurred, Mrs.
Amy Darling was persuaded to leave
home for the purpose of recuperatinS.
Close attendance upon her husband dur
ing his last illness had told upon her
health, and in the hope of reSaininS
health and strength she went to the pri-
vate sanitarium of DR.. j. w. Robertson
at Livermore, not knowing at the time
just the kind of institution it was. Here
she remained from the beginning of the
current year until some time in May.
While a guest at the sanitarium she re-
ceived letter from John d. Works, the
executor OF her dead husbands estate,
enclosing deed of conveyance, in which
he asked her to sign the accompanying
deed in the interest OF herself as well as
of the estate. AT that time Mrs Oar
ling had never seen her husbands S will,
nor did she know to what lands the deed
of conveyance forwarded to her referred.
She assumed however, that it related to
| some land that had belonged to her hus-
! band, and, acting on the advice of the
executor of his estate, she signed it. As
! a matter of fact however the lands
| which Mrs. Darling thus decided away
unknoWingly was her own separate and
individual estate-the home wlcre the
family had lived for years and which
had been purchased with the legacy
money received by Mrs. Darling from
her father.
She claimed that the conveyance of
tlie piOpSIty was given without
GRAFTON and while suffering in mind and
body But now it is claimed that the
power of attorney given by Mrs. Dar-
ling to her husband in 1856 was not
power of attorney at all, but was in re-
ality a trust deed wherein she conveys
all right, title and interest to any real
and persona. property she then owned
or Afterwards might acquire as her sep
| arate estate
| Mrs. Darling claims that the deed was
never intended So and that the prop
erty has always been regarded by her
| husband as her separate estate, and that
! shortly before his decease he advised
| with her regarding it and impressed
! upon her the fact that it was hers and
| in no way connected with the communi-
| " property.
| Mrs. Darling has now brought suit
| to have the power of attorney in so far
! as it may be trust deed annulled and
| also to have the property mentioned in
| the deed of conveyance, signed at the re-
| quest of John d. Works. declared her
| separate property in fee simple.