The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-08-03
WHEATON CASE REVIVED.
:. J. WHEATON's PETITION IN BANK
RUPTCY FILED IN L. $. COURT.

1t Brings I'D the Litigation Between
His Father, Capt. j. #. Wheaton,
and HimseIf-LiabiIities Exceed
$6,25O. with Assets of "a PrObIemat-
fc AmOunt-HaIf Interest in old
Wheaton Home Given as Part OF
Assets-StOry of the Former Liti-
cation.
A petition in bankruptcy interesting in
Itself and in the reviving Of one Of the
causes in the history of a recent litigation
in Chatham county, was filed in the United
States Court yesterday. 1t is the petition
of Samuel ]. Wheaton and the litigation
il recalls is that between himself and his
father, the late Capt. j. F. Wheaton.
In the schedule attached 10 his petition
Mr.. Wheaton shows Liabilities to the
amount OF SC 80 %, besides interest upon
several of the items going 10 make up this
account. His assets consist of a half in
teresa in the lot and premises at the
southeast corner of Gor1on and Bull
streets, the other half interest being owned
by Mrs Katie Burras, for which proper
ty a suit for Partition is now pending in
The cOnjectual proceeds of suit against
the executor OF his fathers estate, that
is also pending in the Superior Court.
Mr.. Wheaton estimates that the value
of the half interest in the Bull street pro-
perry is between $3.50 and $1,000. This
property consists of a lot, extending
twenty-four feet east from the corner of
/
feet sou,h on Bun street to a lane The
petitioner is unable 10 estimate the pros
pcctiVe value Of the suit against the es-
tate of his father.
The liabilities are made up as follows:
Two hundred and forty-eight dollars due
10 various parties throughout the city
merchants and others, for goods bought
and money borrowed by MIR. Wheaton;
four notes to lhe order of his father for
amounts ranging from $3.50 TO $141.S5, with
interest from May, 1885, judgment in the
City Court of Savannah, in favor of ]. +.
Wheaton for $4,436.9S, principal, 81, 176 66.
interest to date of judgment $12. 36 COSTS
of court and interest since the date of
rendition of The judgment. His liability
upon the notes and the justice of the
judgment recovered against him in the
City Court are disputed by Mr. Wheaton,
these forming in time past the basis of the
litigation in which he and his father en-
gagged.
Capt. Wheaton and his son. the petition
er in the present instance, were for a long
time in the insurance business in SaVan-
nah. After the dissolution of their part
nership. n 1898, Capt. Wheaton filed suit
against his son upon various claims held
by him, and in that year recovered against
5 j. Wheaton the judgment listed in The
schedule Of liabilities. At This time it was
the contention of the defendant that the
were gwen by him to his father during
the time when they were in business CO.
gether, for the convenience of business
and to facilitate its operations, and that
| he personally derived no benefit from
| them.
The jury did not take this view of the
matter and found against the defendant
for about $500 principal and interest.
| There are other notes in favor of J. u.
| Wheaton, also listed in the schedule, VIII ch
| Mr.. Wheaton, the, younger, claims were
! given for the same purpose as those
| which formed the basis of the suit in the
| City Court and upon which he also de-
MES all liability.
The suit that Mr. s. ]. Wheaton brought
| against J. r. SauSsy, the executor of mis-
| ia hers estate was for the rents issues
| and profits, or, rather. One-half of them,
| OF the house in which he now claims a
| half interest and which cons itutes the
| DuIk OF MS assets. 1t was asserted that
| Capt. Wheaton had many years ago exc
cuted a trust deed TO The property to him
| self, as trustee, in favor of Mr. S. j. Whea-
/ ton and Mrs. BurrGs and that he had,
| though occupying the house az a residence
| for himself and family, never accounted
| to the beneticiaTios under the trust for the
| income chat might have been derived from
| il for a term of many years. This case
! has never been finally determined and
| is still pending in the Superior Court
| When the petition was received it was
! referred to Referee in Bankruptcy Shelby
! Myrick, Judge A. Ii. MacDon-
Ell. the regular referee for this
division OF the district deciu-
! ing TO serve because of the fact that ne
! had been interested in the former iiuga-
| ton in regard to the property, and waa
now interested in the estate of the bank
! rupt. The order of references fixes Aug
| II, at 10 o'clock in the forenoon, as The
| time for the first meeting of the creditors
| The petitioner is represented by Mr.. G.
! w. Owens.
APPRAISERS RETURN FILED.