The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-04-02
EQUITY CASE HEARING
JUDGE ALLEN HEADS OFF ATTEMPTS
OF "sUPREMERs, AT DELAY.
Alleged Fraud in Second Assignment
D~eed-SOme Surprising Facts Ex-
pected to He shown

The CSder OF Equity had another inning
in court yesterday Judge Allen heard
argument on some points raised in the petit
ton of members for the appointment of a
receiver. The assigneeis attorney desired
more time. but the court held that he
should file his answer to the petition i'm
mediately. There was considerable arga-
ment over a petition TO declare the original
and supplemental assignments void. At
the preliminary hearing last Tuesday the
plaintiffs urged that the assignment was IL
legal because under Section 4 of the by
laws of the order no transfer of property
could be made without the action of at
least five trustees. while but two trustees
were parties to the deed of assignment.
This point was sustained by Judge Allen.
The defendants at once went to the clerks
office ana filed a second deed of assignment
signed by additional trustees. Afterward
the plaintiffs filed an amended complaint
setting out that the secondary assignment
was made to evade the cause of action
alleged in the original complaint and for
the express purpose of hindering creditors
in recovering their claims.
1t was also alleged that the secondary
deed Of assignment was fraudulent be-
preme trustees; 90 that the deed of as
signment was not signed and executed by
a majority OF the supreme trustees: CD
that the deed of assignment was signed
without any order or direction of the SUI
preme Council. Order OF Equity: G) that
Jesse Blair. assignee. was an officer of the
Supreme Council. order OF Equity, at the
time Of his acceptance of the trust and
is still supreme adjuster of the corpora
ton and cannot under the law act as as
signee: co that such pretended deed OF as
signment was procured to be made by biair
order of court: 90 that the pretended Sec
ond deed of assignment was made without
to paw the liabilities now due and unpaid.
Further attempts TO delay the case were
made yesterday afternoon. but they were
of testimony began. W. +. Lander. supreme
secretary. being called to TESTIFY Tor the
substanca that the first deed Of assignment
was executed in accordance with an order
of the Supreme Council He admitted.
however. that the second deed of assign
ment was only made after the supreme
officers had seen the first complaint and
that it was made without sanction OF the
officials. He signed the secondary deed
upon it's presentation by Blair 1t was
executed T ,ha 9,,n a o som mp Tpalsintiyg-s s sapt
Elemental complaint. The instrument, ne
said. was made and executed IN the office
of A. w. wishard. Mr.. Lander testified
that money was still coming IN from tne
February assessment. He thought that
| most of the money was gong into the
| hands OF the assignee.
morning. 1t is anticipated that Leach &
Odel. who represent the plaintiffs. VIII nave
some surprising facts to lay before the
courts
dav between d. X. Partlow n Mrs.
Emua item. Mrs. Item reproached the at
torney for demanding that his name he
withdrawn from the supplemental COM
! nIaint. MIR. PartIow declared that IL WAS
unauthorized. Mrs. Item asserted that IL
came with bad grace for him to refuse 70
| assist his feIlow-sufferers In their efforts 10
secure Justice. Mr.. Partlow said that he
was able TO take care of his own interests
and did not want 10 be placed in a position
| where he might be called on to pay court
costs The court ordered that Partlow's
| name be stricken from the list Of plaintiffs.