The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-06-08
Years.

Sherins' safes ana WhiCh has
Never Been at Rest for Finy-three
Years.
Ten of the leading lawyers of the
Lackawanna and Luzerne courts yes
terday, before Judge Archibald in COM
mon pleas, began battling over a piece
of land in Providence, possessed by c.
S. Won Storch and claimed by his un-
Gle, william Won Storch. Hon. II. A.
Knapp, Major Everett Warren, Hon.
G.. p. O'Malley, OF Warren & Knapp;
John f. Scragg and Alex Farnham,
the latter Of Wilkes Barre, represent
the plaintiff. The DEFENDANTS array of
talent includes Joseph O'Brlen and
Hon. John p. Kelly, of O'Brien &
Kelly; Hon. w. II. Jessup and w. II.
Jessup, jr., of Jessup e. Jessup, and T.
c. Umsted, another Luzerne legal light.
Attorneys T. c. and c. II. Won Storch,
who are interested in the plaintiffs
side, sat at the plaintiffs table.
The land in dispute is 67-100 of All
acres IN extent and is situated be-
tween the river and North Main ave-
nue., opposite the Won Storch home
stead. The Plaintiff brings ejectment
on the strength of having a legal title.
The defendant makes answer that the
equitable or beneficial title is vested in
him.
Ex-Judge Knapp made the opening
for the plaintiff, outlining what was
to be proven by his side, and then Mr..
Farnham presented deeds, court rec
ords and the like to show that Will
liam Won Storch bought the land from
II. w. Fuller, who purchased it at a
sheriffs sale. With the presentation of
these papers the plaintiffs side closed
and Mr.. Umsted in an opening, which
occupied more than an hours time,
foreshadowed in a connected way what
the defendant proposed to adduce from
his witnesses.
CLAIM OF THE DEFENSE.
The story of the defendant as told
by Mr. Umsted makes interesting read
ing. In 1874 the land was acquired
from the Griffins by Sylvanus Heer-
mans. Sylvanus and his brother John
conducted a store on the land, and af-
ter a time got into debt Ferdinand
Won Storch, brother of the plaintiff,
and father of the defendant, loaned
the Heermans brothers some money
to help them out of their difficulty,
IL,
which they needed to carry on their
business. Dispute this assistance the
Heermans boys could not keep their
heads above water and in a short time
they were sold out by one of their
principal creditors, Freeland, Hoffman
* Co.
At this juncture Ferdinand, Won
Storch engaged Attorney H. w. Fuller,
fn Of h ty
terests in the case. Mr.. Fuller, acting
as Ferdinand's lawyer, attended the
sale and bought in the property. Sher-
iff J. w. Golf conveyed the property
to Mr.. Fuller. The deed made no
mention of his being simply attorney
or trustee, but the defense proposes to
| show by witnesses that Mr.. Fuller took
title for Ferdinand Won Storch.
When Sylvanus Heermans originally
purchasedthe property he gave a pur-
chase money mortgage to the GrifTins
and when Mr. Fuller bought the land,
| 1t was still subject to the mortgage
The Griffins OH the strength of this
mortgage forced the land to sale again
and once more Fuller bought 1t in,
acting, as the defense holds, for Ferdi-
nand Won Storch.
In addition to the land in dispute
| Ferdinand Won Storch was possessed
of an adjacent farm of one hundred
| acres. When, some years ago, the
Heermans again needed a friend they
applied to Ferdinand for help, and
with this one hundred acre farm he
went their security 10 John Vaughn
| for a debt of $4,000. The Heermans
again defaulted and again Ferdinand
was mulcted for the debt.
WANTED SECURITY.
Approaching Ferdinand's position
| Vaughn agreed to give him time to
raise the money but wanted security
| for his money and good sureties. A.
| Y. Dunning, ST., Charles w. Potter and
| William Won Storch, the plaintiff, went
on Ferdinand's bond. These sureties
| in him said I'VE want security" and
| to satisfy their demand, Ferdinand
| turned over all his property in Provi-
dence, the farm and the plot now in
| dispute, to William Won Storch, to
| hold it as trustee. He executed a dee
| for the farm to his brother and re-
ceived declaration ot trust from him.
| The other plot was also decided TO
| William by Mr.. Fuller at Ferdinand's S
| direction. All the papers were record
| ed on the same day and Ferdinand
| raid all the costs and fees.
After few years, John Vaughn's
debt was wiped out by the royalties
| which the coal on the property earned
and as there was no longer any cause
for sureties on the Vaughn bond Fer
dinand demanded the return of the
deed. William, however, refused to
give back the property alleging that
Ferdinand was dissipated and that he
WoIld waste it.
! A personal friend of Ferdinand, one
Able Bennett, of nlnghamton, upright,
wealthy and an astute business man
proposed to the easV going Ferdinand
that he sign over his interests to him
(BennetD and let him fight William
for Its possessions. Ferdinand agreed
and Bennett after securing title pro-
ceeded in equity to make William give
up the land and account for the coal
royalties which had been regularly re-
ceiled from the Delaware and Hudson
company. This suit was begun in 1866
but before it was finished FERDINAND
died. In 1868, while Ferdinand was on
his deatnbed, William went to the
children of his brother and advised
them to get rid of Bennett as he was
a "land-grabber and shark" who
would beat them out of their heritage.
He also incidentally suggested that he
as there uncle would be a proper per-
son to hold the land in trust for them.
SUBSTITUTED THEIR UNCLE.