The record-union., 1898-11-02
JOHN OSCHWALD'S PROPERTY
HIS DAUGHTERS SUIT FOR IT'S
RECOVERY.
Mrs. Kamenzind Claims That John
Kampfen is Not Entitled to
Amy of 1t.

The case of Caroline Kamenzind
against John Kempfen is on trial IN
Judge Hughes court The plaintiff is
represented by HoH & Dunn, and the
defendant by Devlin & Devlin.
The complainant is the daughter of
the late John Ochswald, who left to her
and her stepmother, Mary j. Ochswald,
each of them a half of real estate con-
slsting of the south half of the east
haIf, and the south quarter of the north
half Of lot 3, in the block between
Eighth and Ninth, 1 and ], valued at
$4,000, and lot 4, between Eighth and
Ninth, M and n streets, valued at
$4,000, the widow to have a life estate
IN her half, with the remainder over in
fee to plaintiff
In her complaint Mrs. CamenZind al
leged that her father requested her
stepmother to will to the plaintiff at
her death, the property to her, and that
she promised to do so, and that he told
plaintiff to always do as her step
mother told her, and to rely on her for
advice, and she promised him so to do.
After his death, she and her hus-
band lived with her stepmother, who
advised her that, as her husband was
addicted to drinking and would squan-
der her property, she should deed to her
(the stepmother) the property between
and ], Eighth and Ninth streets, so
advising her with intent to deceive and
defraud plaintiff and acquire title to a
large part of the property bequeathed
TO her by her father.
The complaint further recites that,
mindful of her promise to her father
and relying on her stepmother'S prom
1se to will it to her on her death, plain
tiff, as requested, executed a deed to
her stepmother for the property be-
tween 1 and J streets, and her step
mother decided to her half of the prop
erty between NJ and n streets, and by
reason of such conveyances the lots
were distributed by order of the court
10 the parties in accordance with the
deeds.
Subsequently, says the PLAINTIFF in
her complaint, her stepmother married
defendant, John Kampfen, and died on
March II, 1898, having first conveyed
10 defendant, John Kampfen, the prop
erty between Eighth and Ninth, 1 and
j streets, except a portion of it which
she had previously conveyed to A. J.
POmmer and that she also conveyed to
him mortgage for 81 900 given her
by POmmer on the property to secure
part of the purchase price, and also
about $500; also, a part of the pur-
chase price: that these conveyances to
defendant were made without consid-
Grafton and in violation of the step
mothers promises, for the purpose Of
defrauding plaintiff and in fraud of her
rights.
The plaintiff further alleges that the
defendant had full knowledge and no.
tice of ali the facts set forth in the
complaint at the time OF receiving the
conveyances of the real property, the
mortgage and cash. 1t further states
that the defendant has no property
other than that conveyed to him by his
wife, and has threatened to sell it and
leave the State, and unless restrained
by the court will do so and thereby de-
fraud plaintiff out of the property
She therefore asks that it be adjudged
that defendant holds the property in
trust for her use and benefit, and that
she is the equitable owner thereof, and
that he be required to transfer and
convey the property, mortgage and
cash to her, and that he be restrained
from conveying it to any one else, pend
ing the termination of the suit.