The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-01-15
AN Ell DORADO SUIT
WILL PROBABLY INVOLVE THOUs-
ANDS OF DOLLARS.
y. NJ. Lower of Kansas City Brings Suit
Against r. H Julian to Recover Some
Valuable Property-It is to be a Test
Case = Should the Plaintiff Win. the
Whole City May be His-Judge c. A.
Leland OF This City Interested in the
suit Many Prominent Attorneys En-.
gagged on Both Sides.

d. NJ. Lower of Kansas City, Mo-, has
brought suit TO gain possession Of Low
er's addition in ElDorado, comprising a
quarter section of land, a part of which
is In the best business and residence por-
ton Of the town. He sues on the grounds
that his father, now deceased, was crazy
at the time ne signed the deeds
United States Deputy Marshal T. W.
Thompson, late Wednesday evening sew
ed summons on r. II. Julian, a prom
ineEt druggist of ElDorado, in a suit
brought by d. NJ. Lower for the recovery
of $3.50, possession of one of the best
business lots in that city, and the costs
Of the suit. Mr.. Julian is given until
February to file his answer. 1t is a
test case. the settlement of which will
affect all other land in dispute The at
torneys for the plaintiff are Brown, Had
ley & Swift, and y. F. Whitman of Kan
sas City, and Bruce r. Leydig of Edo
RADIO.
Several Of the leading lawyers of that
city are interested in the property AMI
will represent the citizens Of the town.
A public meeting Will be called soon and
steps taken TO make vigorous and de-
termired fight.
e. L. Lower. deceased, homesteaded
the quarter section and lived on II until
April rs, 1868 when jury in the probate
court decided that Mr.. Lower wes insane
and he was sent TO the asylum and re-
manned there a short time, returning
home in 1869. After his return the boom
in ElDorado commenced and he was
kept busy with siXteen-foot pole meas
uring off and selling town lots by the
thousands of dollars worth. He kept
this up until about all the original home
stead was disposed of. He ought to have
been the richest man in town, but he
didn't know how TO keep money. AT
that time nobody considered him crazy,
not even. his wife. who signed the deeds
and who is still living
Now comes young Lower, setting Up
that his father was insane, and as no
court had afterward decided that he was
not, that he was not competent to sell
or dispose of his real estate. OF course
It will be set up that Lower was not
insane in 1869 or a any time thereafter,
and the peaceabl possession of the prop
erty for twenty-odd years viii come in.
Some of the jurors are living in this |
county now, and will testify that Lower
was of sound mind when he returned |
home.
The defendant has engaged Messrs. |
Redden & Kramer, W. II. Schumacher, |
BrumbAck & Brumback( and G.. P. Ak i
man of ElDorado, and Judge c. A. Le- |
land OF this city. The above gentlemen |
are all interested in property in this ad- |
1itfon and their every effort will be to |
gain a victory.
Mr.. Julian, whom the action was |
brought against, purchased the property |
In question on June 3, 1899 from the Nor /
way Plains Savings bank of New Hamp- |
shire, from whom ne received a warran- |
tee deed. He has notified the bank OF |
the suit and that he would expect them
to defend the title.
E. L. Lower died a few years ago,
leaving wife, Mrs. Mary Ann Lower,
a daughter, Mrs. Jennie Lower Rice,
and a son, D. NJ. Lower, The plaintiff in
the present case. d. NJ Lower pur-
chased the interests of his mother and
sister in the property which is now in
controversy. Mr.. Lower in his petition
TO the court alleges that the properly
Which ne sues TO recover from Mr.. Jul
ian, at fair valuation is worth $500.
Should he be successful in the suit
against Mr.. Julian, he will have prec-
dent esta biished which will give him
he legal right to bring suit to recover
property whose value at the lowest fig
ire will exceed 100000. Besides many
homes and business buildings in the dis
riot in question, is the City hotel. a
rational hank. two newspapers. three
churches and a fine school building. The
whole city of ElDorado is very much
xcfted and are awaiting the outcome
With fevered anxiety. Young Lower is
Employed in Kansas City as a janitor
decision in his favor would put him
s~s>-