The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-05-17
SAYS THE SALE WAS VOID.
MRS. JENNIE p. ARCHER ENTERS
SUIT AGAINST HER MOTHER.

Asks for the Resembling of Two
Deeds Made for Certain Portions
Of Her Fathers Estate These
We're From Her Mother, as Execu-
trix, to c. $. Ellis and Vice Versa.
The Consideration Named in These
Deeds Said Never to Have Passed.
Oglethorpe Savings and Trust
Company Also Made 81 Defendant.
Restraining Order VIII Be Con-
sidered by Judge FaIIiGant.
Mrs. Jennie P. Archer filed suit in the
Superior Court yesterday for the p,sses-
sion and control OF one-fourth undiv.d-
ed interest in a lot of land, with improve
ments, on Whitaker street, near Hail, con-
stituting a portion Of the estate of her ia
ther, the late William N. Hot
The principal defendant named in the pc
tition is Mrs. Harriet r. Holt, who 10 sued
both in her individual capacity and as the
executrix of her husbands estate. The
other defendants are Mr.. C. s. Ellis, the
purchaser of the property at a slle direct d
by the Court of Ordinary, and Messrs.
Emile Newman and John NJ. Bryan, the
original and substituted trustees in decd
to secure debt made by Mrs. Holt to the
Oglethorpe Savings and Trust Clmrauy.
The plaintiff is the wife Of John L, Archer.
a prominent young real estate agent ard
dealer of the city.
1t is recited that after the death of MIR.
Holt an order directing the sale CT the
property was obtained from the Court Of
Ordinary, at the instance of his widow and
executrix, and that the lot and improve
nients were offered and exposed for sale, in
due accordance with law, before tie Court
House of the county, upon the regular
sales day next ensuing. This was en- April
2. 1889.
On this occasion it was sold 10 C. S. Ellis,
who was the highest and best bidder for
the sum of $66O5. A deed reciting tais
consideration was made from the eXecu-
triX to the purchaser of the property On
April 4. On the day following Mr.. Ellis
reconveyed the property 10 MIS-. Holt, in
her individual capacity, for a consideration
said to amount to $500.
1t is charged that neither of these sales
was bona fide and that in effect they con-
sdtuted a sale fom Mrs Holt, as tXecu-
trix, to Mrs Holt. individually. The con-
sideration mentioned in the two deeds is
said never to have passed between the par
dies. For this reason, il Is declared that
the sale was violatiye of the right Of he
other heirs of the estate, OF whom NJ $
Archer is one, and hence null and void.
1t should be, it is averred, so declared anu
the two deeds cancelled so far as they may
affect Mrs. Archer's rights.
To comDlicate the matter further the
cxecutriX of the estate has subsequently
executed a deed to the Oglethorpe Saw
ings and Trust Company, in which Emile
Newman is named as trustee and the
property pledged for the repayment OF
the sum of $500, which was borrowed at
that time Afterwards MIR. Newman re-
signed as trustee and John NJ. Bryan was
named as substituted trustee, in his stead,
ard So declared by an order of the Su-
pericr Court
The plaintiff claims an undivided one
fourth iuterest in the property. She ten-
ders to Mrs Holt, eXecutrix, the one
fourth of he sum of S1.09341 which has
been paid to the CT y of Savannah as the
unpaid portion of the purchase money on
the lot when it was originally sold by the
city. On this amount of money a ground
rent was due. and the money was paid
for the purpose of relieving the property
Of this charge.
It is asked that the mesne profits of the
LOT and improvements be deducted from
the amount the plaintiff is required to
tfnier and pay into court for the beOetit
Of the defendant. Ii is estimated by the
plaintiff that the va 'ue of one-fourth in
ANAtSt III the DtOHlS Will dAiOAiAb ~ go
pcr month. Should this IS innate prove
and be adjudeed correct il Will exceed
the amount Of the tender at least five or
siX times it is based upon the rental
value Of The LIT d The house built there
o. est mated 70 be worth 500 per month.
OF mis- Mrs. Holt is sa to have had the
advantage since the lime of the sale whose
lega ity and aGequatere s IS brought into
dispute
j. is claimed that the Oglethorpe Savings
and Trust Company and the trus i es am
ed in the deed to ii, have been aware of
re defects in the sale and the tide of
The Srantcr. Notwithstanding This the
property las been advertised for sale by
Nirue of the foreclosure of the deed to
cure debt, and W ulG have been sold,
uni IS he CT rt int rvened on June 2.
\ temporary res;rairi7g order was
granted or rather creaicd, by the fling
Of the SUIT. Judge FAN giant he's directed
that the fendarts show cause before
MN OF Nay g. why this should rot be
con inueG. tie sale pernar emily prohib-
Lee ard Mrs. Holt compelled 70 execute
coed conveying to Mrs Archer a one
i-u II Interest in the % opsrtr.
IN THE C0URT Of UAD4NARY.