Omaha daily bee., 1896-12-10
OMAHA BANK WINS The SUIT
Interyenes TO Combat a Kimball & Champ
Trust Deed.
PREFERRED CREDITORS GET A SETBACK
Supreme Court upholds the Decision
of Judge Macy In setting Aside
the Deed FnvorinE the
Eastern Bankers.

Word was received yesterday from Des
Molnes to the effect that the supreme court
of the state had affirmed the decision OF
the lower court in the case OF A. T. Elwell
against Kimbal & Champ, the First Ma
tonal bank OF Omaha intervenor The find
ing establishes the claim Of the intervening
bank to the amount of $4,000 and interest
against property valued at $4,000. When
Kimball e Champ failed in July, 1892, they
gave a trust deed for about $4,000 against
a lot of city and farm property to secure
their eastern correspondents, to whom they
were heavily indebted. This deal disposed
of large amount of their available assets
and the First National bank attached for it's
claim A similar action was taken by j..
Sullivan for claim for $500, which he held
against the firm. When Mr. Elwell as
trustee, filed suit to foreClose the mortgage
given by Kimball & Champ to secure their
eastern creditors, the bank interVened to
set aside the trust deed. The case was tried
before Judge Macy, who decided in favor OF
the ntervenors. The case was appealed and
fought hard, but the bolding Of the lower
court was affirmed The setting aside of
the trust deed will bring the mortgaged
property subject to the claims of the attach
| ing creditors.
The entire day in the district court was
taken up in the hearing of the case OF
sheriff, and others The suit involves the
stock of Marcus Marks & Co., commission
men who failed here some time ago. The
Council Bluffs Grape Growers association
attached the stock after 1t had been re-
| plevined by the Omaha firm and the suit
| is against the Council Bluffs parties for the
wrongful suing out of the attachment pro-
| ceedings and the confscatng of the goods.
| One of the witnesses failed to show up
| late in the afternoon when wanted and the
hearing
| A. j. Stephenson, as guardian of Thomas
| Fox, has brought suit against j. j. Mass and
| others to recover tract of land in this
county purchased years ago from the Chi
| cago, Rock Island & Pacific Railroad com
pany. The petition states that in 1873
| Thomas Fox entered into an agreement with
| the railroad for the purchase Of the land.
| In October of the same year, Thomas Fox,
| jr., secured deed to the land from the rail
road company by misrepresentation and
without authority, his father being insane
| at the time. The son mortgaged the land in
| 1879 and 1t was finally sold at Sheriff's sale
| in 1891 to Mass, the present defendant. Last
month the guardian secured a deed to the
| land from the railroad company by comply.
| ing with all the agreements of the original
contract, made in 1873. The action brought
by him yesterday is to set aside the sherT's
| deed and allow his charge to redeem the
| land from any tax claims that may be
against 1t. During the time IL was owned
by the son 1t was sold for taxes and this
claim the plaintiff states he is ready tc
| lquidate.
Julia A. Harding has brought suit against
Mary Ann Lacy to forecose a mortgage
amounting to $4,000, given in 1893.
| Another garnishment was served on Josiah
| Danforth yesterday by one OF the creditors
of f. II. Evans. The William Hoyt Shoe
company is seeking to enforce the collection
of a judgment for S339.
| Il. T.. Hart has sued James C. Bruno as
executor of the estate of William c. Gittins
to collect S3l5 due on judgment obtained
| against her in the superior court in July
| OF the past year
Attachment suits were commenced yester
day by Otto C. Schwerin and John G. Sulli
van against the Manhattan Beach company
| in the district court yesterday. Schwerin's
claim is for S4OO for labor performed for the
defendant company for the past two seasons
Sullivans claim is on a note for $202.
Bartlett Grocery Co. has two stores one
opposite postoflice, one Eighth street and