The San Francisco call., 1896-03-31
A Curious Case in Which Neg.
lected Papers Terminate
a Lawsuit.
VALUE OF A woMAN's MEMORY
The Attempt Made to Secure the Fore.
closure of Mortgage That
Had Been Satisfied.

-
Griffith was master of the bark Ivanhoe.
One day while on the way to this port,
coal-laden and consigned to- P. B. Corn
was wrecked, the master. among others,
being drowned.
Captain A. G. Freese, the Public Admin
istrator. who was we'll acquainted with
Captain Griffith, applied to the Superior
Court OF this City, which was the late cap
tain IS residence, for letters of administra-
ton, which were granted, and he at once
set up search for any property left by the
skipper. The only things he could dis
cover were some certificates of stock which
had been deposited with Daniel Meyer,
banker. The administrator also learned
that some time prior to the fatal voyage
Captain Griffith had purchased ranch OF
149 acres in Lake County from William F..
and Rudolph Schrader. subject to mort
gage for $500, held by Samuel Johnston of
this City, who has an office in the Mills
building. There was no record OF tn is
transaction that the administrator could
discover, and he arrived at the conclusion
that the deed, together with other papers,
must have gone to the bottom OF the ocean
at the time the bark was wrecked.
Some time after the death o Captain
Griffith, and about the time the mortgage
became due, Johnston commenced an ac-
tion in the Superior Court of Lake County
against Captain Freese as administrator to
foreclose the mortgage, and in the pro-
ceeding alleged that he held the original
paper.
4 further search on behalf of the admin
istrator by his attorneys, J. D. Sullivan
and K. F. Mogan, brought to light only
the fact that the mortgage was still of
record, and that there was no record of
transfer from the Schraders to Griffith.
Captain Freese, knowing that Captain
Griffith was a man who was very precise
In all his business transactions and that
in making purchase such as has been al
luded to he would make it free from all
incum brance, had an inward conviction
that the money obtained OH the mortgage
had been repaid.
One day he learned from Mrs. Arthur
Cornwall, daughter-in-law of the con-
signee of the lost bark, that Captain Grif
fifth had told her that he was very happy
at the thought of leaving the sea and set
tling on his ranch, and that he felt par
ticularly happy because i: was all paid for.
AT the time he obtained this information
the case was set for trial on a certain Mon
day in Lake County, and there he was
without any defense to the action except
the statement Captain Griffith had made
to Mrs. Cornwall. He also learned that
former County Clerk of Lake County was
a resident of Walnut Creek, Contra Costa
County, and he telephoned to him to ascer-
tain if any papers had ever been sent to
him with request to have them recorded.
This was chance question, but the
answer brought him Joy, for it was that
three years ago, when he was County
Clerk, deed and release of mortgage in
which the name of Griffith figured were
sent to him. but the usual fee required did
not accompany the papers; therefore they
had been placed in q box in the office, and
the writer had no doubt about there being
still there.
A messenger was sent to Lakeport few
days ago, and on the Friday before the
day set for trial, the papers mentioned by
the former clerk were found, and they
proved to be the ones which Captain
Griffith had sent up to be recorded.
The administrator in the meantime had
made demand on Johnston's attorney to
see the original mortgage, and he was told
that it had been mislad. He intended to
spring sensation in court by producing
the satisfaction of mortgage. He was not
permitted to do this, for on the day after
the discovery an attorney representing
Johnston appeared in the Lake County
Superior Court and moved dismissal for
good and sufficient cause of the action of
Johnston vs. Freese, and the motion was
granted.
There was not much involved in this"
said Captain Freese in speaking of this
case, "but when / made answer 10 the ac-
ton that the mortgage had been satisfied
/ felt sure of it. and by being stubborn and
persistent in the matter the estate was
saved $500. Dead men tell no tales, but
court records sometimes speak in behalf
of the dead, and this is one case in point"