The herald., 1896-11-17
AONE-S|DED TRANSACTION
BENJAMIN Atkinson De-
frauded of His Ranch
PROPERTY VALUED At ABOUT $4,000
Exchanged for Comparatively
Worthless Property
WITH A FAULTY TITLE
The Power to chattel Mortgage Ger.
tain Effects
A. SomervilIe Leaves His Attorney Badly
b the Lurch
WITH A FAULTY TITLE
The Power to Chattel Mortgage Ger.
tain Effects
A. SomervllIe Leaves Ills Attorney Badly
b the Lurch
Another Victim Of Moore, the Napa
Murderer-A Correspondent Pleads
Guilty in a Divorce Suit-Mis-
cellaneous Court Notes.

WHdl appears at nrSt glance TO De
very pronounced case of "buncoing' is
set forth in a complaint just filed in the
superior court. Legal proceedings have
been instituted by Benjamin Atkinson
and Mary M. Atkinson, his wife, against
Leander Griffin and Dolly Griffin Eunice
G. Hendricks, Josephine Tenant. Edgar
Tenant and the real estate firm of
Martin & Kurtz. The suit is to annul a
contract and obtain $1,000 damages.
Benjamin Atkinson, one of the plain
tiffs in the case is an old man, 10 years
OF age, and so feeble that for some time
he has been incapacitated from taking
any active interest in business affairs.
Six years ago he and his wife came to
this state for the benefit of his health.
and in February, 1893, purchased ten
acres of the Gardena tract in the rancho
San Pedro for $5347. The land was unim-
proved. and the Atkinsons proceeded to
lay out the ground with fruit trees,
ouiid commodious house, outhouses,
corrals, ETC., expending about $4,000 in
improving the place. In order to carry
out these improvements, the place was
mortgaged last year to secure payment
of note for $4,000
But Mr.. Atkinson'S health did not i'm
prove on the ranch, as was expected,
and in the early summer of the present
year he and his wife determined to dis
pose of the property and secure home
in Los Angeles. The sale of the place
was given into the hands of Martin &
kurtz, the real estate dealers. In Sep
tember that firm Informed the Atkinsons
that one Leander Griffin would like to
purchase the ranch. and in payment
would give a note for $3625 dated San
francisco. June, 1896, and payable on or
FRO dot
was made by Rebecca H. and Albert
Waddell, and was made payable to the
order of Miss Eunice Hendricks. and
was represented by Griffin as a first
mortgage note, secured by trust deeds
on San Francisco real estate and lots
at Allendale suburb of Oakland, val
ued at $3.50 each
Martin & Kurtz brought Atkinson and
Griffin together. with the purpose. as
1t is alleged. that the firm might secure
double commission on the sale.
The real estate firm recommended Mr.
and Mrs. Atkinson to accept Griffin's of
fer. and assured them that the Waddell
note was amply secured. The firm also
agreed to carry out all the details of the
sale in behalf of the plaintiff for a COM
mission of $3.50, which amount was paid.
AS result of the negotiations, the At
kinsons executed and delivered, on Sep
tember 24 a deed of equity to Griffin and
handed over possession of the ranch.
Then suspicious circumstance took
place. Leander Griffin, on that same
day, for an expressed consideration of
$40, executed grant, bargain and sale
deed of the property to his sister, Jo-
sephine Tenant
On October Martin & Kurtz delivered
the promissory note of Waddel and
quitclaim deed, signed by Miss Eunice
Hendricks. of certain Alameda proper
ty, and with that the deal was supposed
to close. The Atkinsons received no
other papers. and neither mortgage nor
trust deed was handed over. The plain
tiffs now boldly alege that the note for
s3625 is worthless and is not secured in
any way. and. Furthermore. is not first
mortgage note, and it is more than
doubtful whether it is secured by any
trust deed whatever.
The lots at Allendale are found to be
worth not more than s75 each, and those
in San Francisco are plastered so thick
ly with mortgages as to exceed their val
ue.
Meantime Leander Griffin had in
stalled himself. as it appeared. at tri-
fling cost on the Atkinson ranch On
September % he executed and delivered
to Martin & Kurtz mortgage upon his
newly acquired property, to secure a
note for $500. payable one year from
date to Martin & Kurtz as commission.
In the light of these facts, Mr.. and
MrS. AtklnSOn alleSe tndt the real estate
men and Griffin "wickedly and fraudu-
lently and for the purpose of cheating
and defrauding the plaintiffs out of
their property conspired together. A
demand was made for a reconveyance
of the property, but, needless perhaps
to say, met with no satisfactory re-
sponse.
Judgment is asked that the sale be de-
clared null and void. and that a decree
be given ordering Leander Griffin and
his wife. Josephine Tenant and her hus-
band, to execute and deliver deed to
the property in dispute; that Martin &
KurtZ be ordered to execute and deliver
a release of the mortgage made by Grif-
fin, and that Griffin and Martin & Kurtz
be ordered to pay $1,000 as damages suf-
fered by reason of the fraud perpetrated,
and that a return be made of the $3.50
paid to the real estate firm as commits
sion.