The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-01-12
A BIG LAND SUIT.
"A hong Litigation Involving About
$4,000.

Valdosta, Ca. Jan 11.-Probably the
most interesting case that ever occurred
in this county was settled in the special
term of the superior court to-day. The
case involved a five-eighths' interest in
about $4,000 worth of land, well improv-
ed. in the best part of this city and was
brought by the administrator of Mrs. c.
q. Force against the heirs of c. o. Force.
The history OF the case dates back for
nearly a half century and the allega-
lions and rebuttals made by the plaintiff
and defendants give a clear idea of case
as complicated as 1t is unique in other
In 1851 Mrs. Mary Smith Of Rome, Ga.
was married to c. .. Force At the time
of the marriage Mrs. Smith was the owner
or considerable property, which she had
iherited from her former husband. I'm
der the law of that time the property or
the wife was given to the man at mar
interest in her possessions, a marriage
contract was signed by them with stipG-
iations TO this effect, and trustee was
appointed to hold the property for her dur
ing her life and at her death to give IL
70 the children. In 1863. according to the
bill, the trustee, with her approval and con-
sent, sold this trust property in Rome for
5000 In confederate money. G. o. Force
borrowed the money and came to Val
dosta and invested it in the Patterson
place, which embraced large tract OF
land almost in the heart of the city to-
day. The amount paid for il was $1,000
IN confederate money.
In 1887, II appears, c. O. Force and his
wife had fun settlement between them
in regard to the money from the trust
property sold in Rome The evidence de-
Veloped in the trial of the case here show
ed that Mrs. Forces trustee loaned the
. money TO c. o. Force and took his note
Tor the amount, and that he executed
papers showing that the trustees of Mrs
Force had lien on the Patterson lands.
After TINS, in 1851 the matter was settled
between the husband and wife, he paying
her the full amount borrowed
In the latter part of that year Mrs.
Force died, and in 1894 letters OF admins
traton were sued out on her estate ami
X. I. MIDDLETON was appointed admins
traitor. 1t appeared in the trial that Mrs.
Force Joined the trustee in selling the
property at Rome, she warranting the
titles so far as she was concerned. For
some reason the sale of this trust prop
.erty proved illegal, except as a life estate
of Mrs. Force. the children having a
remainder interest after her DEATH After
her death her children brought suit to re-
cover this property and gained the case.
on account of the warranty clause i'm the
deed, the purchasers of the Rome prop
erty claimed that they were entitled to
recover out of the estate of Mrs Force
for breach of warrant. The suit was
therefore brought at the instance of the
Rome parties by the administrator of
Mrs. Forces estate against the heirs of
G. O. Force, setting up in their petition
that c. o. Force had used the money de-
rived from the sale of the trust property
in Rome in his Valdosta investment, tax
ing the title in his. own name and con-
cealing from his wife the fact that he
had used the money in that way
The suit was brought to recover what
was claimed to be her equitable interest
in this property, which the plaintiffs claim
ed was fiVe-eighths of the whole amount
in support of this view they introduced
in evidence some bankruptcy proceedings
In which c. o. Force referred to the use
Of this money in the purchase Of the Val
dosta property.
Evidence substantiating the allegation
OF the defendants as to the settlement be-
tween husband and wife was introduced
and II was shown that Mrs. Force fully
understood the entire transaction and
the settlement was made by the payment
of the money borrowed
The arguments of the case were made by
Attorneys Ewing of Rome and Griffin Of
this city, for the plaintiffs, and Denmark
OF this city and Mcintyre of Thomasville
for the defendants. The case took up
nearly two days in hearing and about
noon Judge Hansell rendered his decision
IN favor of the defendants faVoring them
IN nearly every statement in the bill
1t is rumored that the case will be
carried TO the supreme court. The lands
over which the legal battle has been wag-
ed have been divided Off into building
lots, and new streets opened through the
entire tract Part of the property has
been sold and splendid residences erect
ed on it. Had the Rome people won their
suit, they would have been in possession
OF the prettiest part of Valdosta and a
part which will be selling in a few years
al Dig prices per front foot