The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-07-20
THEIR HOMES SAFE
LOWER VI. JULIAN DISMISSED BY
JUDGE WILLIAMS.

Young Lower Brought Suit Against r. H
Julian for the Possession OF Certain
Property In Ell orado-The Property
was Once Owned by Lowers Father
He Claim ed That HIS FAITH err was Crazy
When He Signed the Deeds-It WAS q
Test Case which. IL IL had Been Won by
Lower, Would Have Involved Thousands
Judge Williams, in the United States
circuit court yesterday, dismissed the
case Of D. NJ Lower VS.. r. H. Julian,
the defendant having 20 pay the costs
of the suit. D. NJ Lower Of Kansas City
Mo-, brought suit last January to gain
possession Of Lowers addition in Ell Do
RADIO, comprising a quarter section of
land. a part of which is the best bust
ness and residence portion of the town.
Lower sued on the grounds that his IA
fher, now deceased, was crazy at the
time he signed the deeds.
r. H. Julian. prominent druggist Of
FL Dorado. was sued by Lower for the
recovery of 2,l50, possession Of one Of
the best business lots in that city and
the costs OF the suit. 1t was test case,
the settlement Of which has set 70 rest
the right of Lower TO large portion OF
the city OF FL Dorado.
E L. Lower, deceased homes.eaded
the quarter seccion and lived on it until
April IS, 1868, when jury il the probate
doI hot Nv 7 INC
and he was sent to the asylum and re-
manned there snort time, returning
home in 1869. After his return the boom
in Ell Dorado commenced, and he was
kept busy with a 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.
Young Lower set up the claim that
his father was insane and as no cour:
ever said he was not, he said his father
was not competent 10 sell or dispose OF
the real estate. The defense set I'D in
their petition that he was not insane in
1859 or at any time thereafter, and the
peaceaole possession of the property for
over twenty years entitled them to re-
tain it. Some of the jurors are living in
Butler county now. and they gave their
Affidavits that Lower was Of sound mind
when he returned home from the asy-
aum.
Mr.. Julian, whom the action was
brought against, purchased the property
In question on June 3, 1893, from the
Norway Plains bank of New Hampshire
from whom he received a warrantee
deed.
E. L. Lower died a few years ago,
leaving a wife, Mrs. Mary Ann Lower;
daughter Mrs. Jennie Lower Rice, and
q son, D. M. Lower, the plaintiff in the
case which was decided today. D. NJ
Lower purchased the interests of his
mother and sister in the property at
very small figure Mr.. Lower In his pc
titfon TO the court alleged that the prop
erty which he sued to recover from Mr..
Julian, at a fair valuation, is worth
$500. Had he been successful in his
suit against Mr.. Julian, he would have
had a precedent established which
would have given him the legal right to
recover property whose value at the low
est estimate would have exceeded $780,
900. The chances were against Lower to
start with, but the amount was worth
trying for. Had he won, he would have
fean in ff1Yenpo q no oe n ic
He is employed in Kansas City as an
elevator man in a large mercantile
house. The settlement of the case yes
terday gives a great relief to about half
khe property owners Of Fl Dorado.