The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-05-14
CHARGES EMBEDDING.
M. M'NIILLAN SAYS THE PARSONS
PROPERTY WAS "PUFFED.v

thinks the AuctIoneer Put Up a Job
on Him and That Interested Par
ties Ran Up the Prices-He Declin-
cd to Make Good His Bids, and the
Executors Filled "a Petition in
Court for Confirmation of the
sgIe-GeOrgc w. Owens, Esq, MIR.
n. II. Tatem and DIR. NJ. Y. COrbin
DENY That There Was Any COIIu-
sion on Their Part to Effect the
sale.
An interesting case came before Judge
Fallgant in the Superior Court yester-
DIV in the shape OF a petition of the exec
ptors of the will of Sarah NJ Parsons for
an order of the court to confirm the sale
bv the executors of the real estate at
Liberty and Price streets. The corner lot,
with the store and residence, and the va
cant lot adjoining, were sold at the last
sales day to Mr.. t. H. Mcmillan, the
purchase price being $4,000, for the for
mer, and s3,925 for the latter
The petition of the executors was very
ordinary document apparently, but the an
swer of Mr.. Mcmillan, which was pre-
scented 10 the court, threw light on the
mater. Mr.. Mcmillan, il seems, had de-
ci.ned 10 pay over the purchase price and
close the sale and has reasons for refusing
were set forth in his answer, filed by his
counsel. Denmark, Adams & Freeman.
Mr. McMillan's answer admitted that he
had bought the lots at the prices stated,
~, krl.-
were knocked down to him were the re-
sull of putting and bye bidding" at the
instance of parties owning an interest in
the property, constituting a fraud upon
the rights of the purchaser.
The answer stated that "the property
was run up by the owners without the
knowledge of this respondent by bidding
that was not real or genuine, made for the
purpose of putting the property and
that such conduct rendered the sales ille-
sal aud relieved the respondent from the
obligation to take and pay for the prop
erty The answer also stated that this
defense could not be adjudicated in the
summary manner indicated by the peu-
ton Of the executors, but that it must be
inquired into regularly and under the pro-
ceedings Of the court.
The parties who had been summoned as
having been engaged in the putting" and
bye bidding" charged by Mr.. Mcmillan
We're Mr.. George w. Owens, attorney for
one of the heirs of Mrs. Parsons, Mr. R.
H. Tatem, the auctioneer, who conducted
the sale, and one of the executors, and DR..
M X. Corbin, who was one OF the bidders
for the vacant lot.
Mr.. Mcmillan, in his testimony, said that
his suspicious were aroused by the fact
that Mr. Owens whom ne discovered to
be the attorney for one of the heirs, had
stood by at the sale and run the property
up on him to a high price. He was also
under the impression that Mr.. Tatem had
arranged for bye bidding" and that DR..
Coroln had been a party to this in the
sale Of the second lot.
Mr.. Owens testified very positively that
no such state of facts existed as Mr. Nc
MILAN had imagined. AS attorney for one
OF the heirs, he said, he had been requested
by his client to see that the Dropertv
brought good price, and knowing 1t to
be valuable piece of property he had
no hesitation in bidding for H. He consid
cred the property to be fully worth $4,000.
the amount at which it was knocked down
TO Mr.. Mcmillan.
Mr.. Tatem testified that he made no eff
tort TO hoist the prices upon Mr.. McMil-
ian. II was his custom, he said, when he
mad good piece of property for sale to
call the attention of possible purchasers
to 1t and request them to take an interest
IN the sale. He had had no understanding
with Mr. Owens, or anyone else about
the matter, he said. Mr.. Tatem said that
he considered the corner lot very cheaD
at $4,000, as the improvements alone
cost between $4,000 ana ST., 600, and the
location was a very desirable one.
Like the other two witnesses Dr. Corbin
denied having had any understanding with
Mr.. Tatem. He bid on the property be-
cause he wanted 1t, he said, and when he
had bid all that he could afford TO pay he
stopped. This was his only connection
with the affair.
MIR. Mcmillan stated that he was willing
TO withdraw his refusal as to the vacant
lot and 10 accept ii at the price at which
II had been knocked down to him, IS, 925,
out as to the corner lot he still held to his
refusal on the grounds stated. His coun-
sci requested a postponement of the hear
ing until some time this week, on account
OF Mr. McMillan's' change In position, and
because of other circumstances pertaining
TO the case
Mr.. S. B. Adams, as counsel for Mr.. Nc
MILAN, read extracts from the law on the
subject of putting" and bye bidding"
Mr.. R. R. Richards, attorney for the ex-
ecutors, conducted the examination of the
Witnesses
II Mr. Mcmillan remains firm in the
stand in which he has taken, the question
IS likely to prove a very interesting one.