Omaha daily bee., 1899-06-21
BATTER The DOORS DOWN
Attorney Lndt Secures Possession Of Pralor
Property on Broadway,
JUSTICE WEN ISsUiS WRIT OF CUSTER
Constable and His Assistants Find
building Locked and Force an En-
trnnce--Linder ~ Filter Give
Up the Fight and Retire.

Attorney John Lindt, after nearly two
years OF litigation, secured possession yes
terday of the two-story and basement brick
building at 1916 West Broadway, erected
by the Schlitz Brewing company at cost
of about $4,000. Possession, however, was
not secured by the astute attorney without
opposition and the doors of the building
had to be forced by the constable and his
assistants who were armed with writ OF
custer issued from the court OF Justice
Wen.
Immediately following the decision OF the
supreme court In the case brought by Lindt
against August Uihlein and the Schlitz
Brewing company, which decision gave Lindt
the property, formerly owned by Mrs. Anna
Pralor, and the improvements on 1t, Lindt
brought forcble entry and detainer action
against the brewing company and Its ten
ants, Filter & Linder. While the suit was
in progress, the defendants applied to Judge
Smith in the district court and secured a
temporary writ of injunction, restraining
Lindt and Justice Wen from continuing the
proceedings until the supreme court should
have passed upon the application OF the
brewing company for rehearing of the
case This injunction was dissolved by
Judge Smith late Monday afternoon and
custer directed against Linder & Filter
and the Schlitz Brewing company. AS pub
lished last Saturday, the heirs OF Mrs.
Pralor commenced a suit in the United
States circuit court OF this district to have
the deed from Mrs. Pralor to Attorney
Lndt's wife set aside. The heirs set up
the allegation that Mrs. Pralor's mark was
secured to the deed at a time when she was
almost at deaths door and utterly incapable
Of realizing the import Of her action.
When Attorney Lindt and Constable Baird
and the latter's assistants reached the build
ing yesterday afternoon with the writ OF
custer they found the doors to the saloon
securely barred and admission was refused
them.
Took the Building by Storm.
A little matter like this, however, did
not deter them. Securing strong plank
of wood, they used it as battering ram
on the front door, and in few minutes one
of the panels of the door gave way. A
few minutes later the casing succumbed,
and the invading party were inside. Here
they found Attorney Stillman who informed
Lindt that he was in possession OF the
building in the name of the heirs of Mrs.
Pralor. Don't care in whose name you
are" said Lindt. "Out Of this you go, and
il you don't go quietly, the constable will
put you out" Stillman declined to move
and Constable Baird was forced to remove
him.
Then Linder Filter gave up the tight,
saving they had had enough of It so far as
they were concerned. and that the Schlitz
Brewing company would have to do the
rest il 1t wanted to continue the litiga-
ton. With the assistance of number Of
helpers they commenced to move their stock
from the saloon and bottling room, but be-
fore they completed the Job an arrange
ment was reached by which they leased the
back room from Lindt in which to store
their goods. BY this lease they practically
acknowledge Lindt as the owner OF the
building.
The upstairs part of the building has been
occupied for several months past by the
dining car porters running on the North
western road. Several of them were in bed
at the time Lindt took possession, but they
bad to get up and dress and leave the build
ing, taking their possessions with them.
This makes the second time that Lindt
has secured possession of the property since
the litigation was commenced. In 1897,
when the district court affirmed his title, he
took possession under the decree of the
court but a few days later Linder & Filter,
the proprietors of the saloon, broke in and
secured an injunction restraining Lindt from
interfering with them until the matter was
disposed of by the supreme court 1t was
stated yesterday that the attorneys for the
Pralor heirs, in addition to the suit in the
federal court, would bring an action against
Lindt for damages for turning them out of
the building without due process OF law
The heirs claim that they We're in posses
sion of the building, and that the writ of
custer directed against Linder & Filter did
not apply to them. The breaking in of the
door by the constable and his aids attracted
a large and curious crowd to the scene, and
the officers were made the butts of consider
able good -natured joking.