The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-06-10
HITCH IN GRAY CASE
Sumner County Man Having
Trouble Getting Into Court.
QUESTION OF CITIZENSHIP
Attorneys Given Time to Pre-
sent the Case in Brief

Yesterday Judge Dale continued the
trial Of the Anderson Gray case fo- about
two weeks, so that the attorneys viii
have time TO make Up briefs and file
them. This case is probably one 0: the
most remarkable that ever came before
any court. The main point is whether
Anderson Gray retains the same property
rights he had before he received the
death sentence. There is a law In the
state OF Kansas which provides that any
man under the sentence OF death is
civiIy dead and that his property shall
decend to his heirs. Now the question IS
whether Gray, having been restored 70
legal life BY being pardoned, can regain
possession Of property which he held be-
fore he was sentenced, or whether he
must begin life over. OF course, this
point is not the exact issue in the case,
but the decision VIII either mean that Mr..
Gray is not the same man he was before
he was sentenced or thai the pardon re-
stored him to his former position in the
world
The facts in the case are that several
years prior to 1895. Gray borrowed from
the Equitable Mortgage company $1,000
on 500 acres OF land. The mortgage was
10 run for seven years and these seven
years were up before 1895, when the
mortgage was forecIosed. In the fore
closure suit It was brought out he had
not paid the interest for several years
before that time and had not paid the
taxes on the land for the last three years
F1re1T0crf-a Lr7r
by two English men named Greenfield and
Rankin, both Of London, England, who
were the trustees of the Equitable Mortg-
age company. Just prior to the time this
suit was filed, death sentence was pass
ed on Gray, and. IN pursuance with the
laws of Kansas, the action was
brought against his heirs and he was not
named as one OF the defendants. The
mortgage provided. as a penalty for non
payment when due, that it should draw
interest at the rate OF y per cent after
maturity. The judgment rendered was for
the sum OF about s13 600. and was not
entered until after Gray's sentence had
been affirmed by the supreme court.
The land was put up at sheriff's sale
and sold to the Equitable Securities COM
pauy on a bid of $500, the highest bid
received.
After he had been pardoned. Mr.. Gray
brought suit against the securities com
pany, claiming that the foreclosure was
not valid because he was not named as
one Of the defendants IN the action. They
claim that he was not a defendant in
the suit because was not deal end
that action can not be brought against
a dead man. Gray maintains that his
pardon returned him TO his former rights
and for that reason he is now entitled
to the possession Of the land.
Yesterday the proceedings did not reach
the actual trial Of the cause Of action. all
the time being taken up by the settle
ment OF the preliminaries. The plaintiffs
asked for a trial by jury, but the defend
ants objected on the grounds that there
were not enough facts stated in the petit
ton of the plaintiffs 10 warrant a jury
trial, and asked that the trial be before
the court as case in equity. After con-
siderable discussion It was agreed that
the case should be tried before the court.
Then the question arose as to what the
plaintiffs should ask for There were three
attorneys for the plaintiff present and
each one had a different theory as 70
the basis on which the case should be
tried One was OF the opinion that Mr.
Gray should be given title to the land
and in addition receive all the rents which
had been collected since 1895 and be
granted judgment for damages to the
property caused by the fields being al
lowed TO grow I'D in weeds and for the
not being kept Up.
Another thought that he ought to be
given possession only after paying the
Equitable Securities company the $, 90
which they had invested. While the third
held that the land could only become his
by payment OF the original mortgage to-
gether with all the accrued interest
which. according TO the terms OF the
mortgage, would now amount 10 about
SO 00e
There was not time TO adjust all these
in the court, so Judge Dale
the attorneys to submit the
case on briefs and gave them two weeks
in which TO prepare them.