The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-09-05
WILL WORK HARDSHIPS
Unless j. BrisDen Walker Comes to
Their Aid-smaIl Property Owners
in Charleston WIN be DIspOssessed.


in Charleston VIII be Dispossessed.
Special Dispatch to tho 1ntellIgencer.
CHARLESTON, w. Va, Sept. A.
Property owners on what is known as
the j. BrIsben Walker addition to the
city Of Charleston are much worked up
over the publication OF notices advertIs-
ing their property for sale at public
auction, to pay on debts contracted by
John Brisben Walker, now editor of the
Cosmopolitan Magazine. in his Inflated
attempt to boom this city over quar-
ter of century ago. Unless Mr.. Walk
err should pay on the indebtedness,
which he has repeatedly refused to do,
the homes Of about fifty small property
owners Will be disposed of to make good
balance of $4,000.
The history of the litigation is inter-
esting. In 1871 James L. Carr sold 10
acres to Walker and William H. Play
ford, now deceased. who at the time
was resident Of Fayette county, Pa,
and was subsequently prominent poll
Itlcian. Playford afterward sold out to
Walker, the latter contracting to pay
Carr. Walker sold of u great deal Of
the property, which thereby became
subject to q vendors lien retained in
the deed from Playford to Walker. 1t
was already subject to a similar lien
retained by Carr in the deed to play
ford and Walker. Carr died in 1875,
and James NJ. Payne, of this city, quail
lied MS administrator Of his estate. In
this capacity he instituted suit against
Walker, Playford and all the parties
who had purchased from Walker lots
subject to the vendors len. Through
these proceedings all the property
which Walker had not sold was dis
posed Of, and the proceeds left ball
ance OF $4,000 stIll to be made good to
the Carr estate. It Is for this balance
that the present sale is advertised.
Mr.. Payne and others associated with
him have been in correspondence with
Mr., Walker almost ever since the llti-
CATION began, trying to prevail upon
him to pay on the debt and thus re-
lieve those who were so unfortunate
MS to purchase the land innocently I'M
der QeIeCIlNG Illleas "htheA hOOh AZ
vantage OF the bankrupt law in 1873,
and therefore claims to be personally
discharged from payment Of the debt.
1t Is claimed by the lawyers represent
ing the heirs. however, that nll per-
sons whose lands have to be sold can
recover from Walker and that his dis
charge in bankruptcy does not relieve
him from the obligation, for the reason
that there was no fixed liability Mt the
time he was adjudged bankrupt, and
being no breach Of contract for war
rnnty until a sale has been made OF the
property conveyed to the various pur-
chasers.
Since he left this city Mr.. Walker has
Rmassed considerable wealth, and It
has been supposed that he would Mt
Ienst make good part Of the claim. The
heirs Of the Carr estate have tried to
protect the purchasers by Offering to
take property in Denver In payment.
Negotiations were in progress with
Walker until recently, and It was only
after they had failed that the law
was had final recourse to, The Carr
heirs are DR.. l.. Carr. Mrs. L. Caper-
ton, Mrs w. II. Tompklns, Of this city;
Mrs. George Minor, OF Virginia; John
o. Carr, of Texas. and VIII NJ. Carr,
who now resides somewhere In the
west. They themselves win realize
very little out OF the estate, as nearly
all OF the proceeds viii have to go to.
wards paying on debts OF the estate.