Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-02-10
FULL TEXT
Of Courts Opinion
In Celebrated Case of
Baird, Exr. VS.. Ritchie.
Title to Bonds, Stocks
and Securities
Are Given to Mrs, Sophronia
]. Ritchie.
Judge Stevenson Burke's Claim Is
Not Lien.

The Burke Ritchie litigation has at
tracted much attention throughout the
state.
This fact lends an added interest to
the opinion of the court in the case
of Charles Baird ct nj, executors, VS..
Sophronia j. Ritche ct al.
The opinion in full, was as follows:
This is an action on the part of the
executors of the late 7. W. Cornell in
which the plaintiffs seek the order and
direction of this court touching the
matter of certain stocks, bonds and
coupons named in the petition and in
the possession of the said executors
touching the disposition of said prop
erty in their hands.
The contention in the case arises up
on the claims of Sophrona J. Ritchie,
wife of Samuel j. Ritchie, on the one
hand, and Judge Stevenson Burke on
the other.
1t appears from the pleadngs and
from the testimony in the case, which
was very fragmentary in its character
Gn view Of the large amount involved
that number of years ago Ritchie
borrowed large amount of money of
Il. w. Cornell, then in full life, and
certain stocks and bonds were pledged
with him to secure the payment to him
of the amount so borrowed; Mr.. Ritch
ie. Judge Burke, Mr.. Cornell and Others
were largely Interested in certain min
ing property stocks; and that at q
later period au action was brought il
the United States court for the North
ern District of Ohio by George w. Nc
Mullen against Samuel j. Ritchie ant
others. 1t appears that Judge Burke
, and Sopllronia j. Ritchie were parties
|
resulted in judgment in favor OF
Judge Burke against Samuel !. Ritch
; +, lie for the sum of $3.50, ,O23O3, and alst
an order directing the sale of certain
1 stocks and bonds of said Samuel j
. Ritchie held by Judge Burke as collat
eral security for such Indebtedness
;. The stock was, sold pursuant to thu
order OF the court, bli, the sale did no
: realize sufficient to pay the whole
y amount found due and left a deticien
;. cy of $64, 1889 unpaid; and th
|. amount Judge Burke sets forth in hi
h answer as now justly due him an'
Q chargeable in n court of equity agans
the assets and property of Samuel J
:, Ritchic, and asks, by way of cross-pe
V tition, that the bonds and other securl
t ties so held by the executors shall b
sold, and the proceeds applied to tn
= payment of this sum; to-wit, $64, 159.S St
}. still due him upon his Judgment an
decree in the United States court FL
d sets forth that Ritchie is insolvent an
has no property other than these bond
and no claims that these bonds so hel
by the executors are the property @
Samuel j. Ritchie and not the propcrt
/. of Sophrona J. Ritchie.
1t appears further, that in the cas-
II above referred TO in the United state
d court, r. w. Cornell also obtained
p Judgment, or the executors of r. "
~ Cornell obtained Judgment agains
y Samuel !. Ritchie, for the money du
d him, aud also an order and decree {
is the court that the bonds and other $,
~ curities pledged to Coynoll as securit
= should be sold to pay the said indeb
edness. These bonds were offered ft
sale and were purchased at judici'
sale by the executors of the estate {
In n. w. Cornell and applied upon II
H. JulShl'ill, ~ lll'ii lll' tNttu'OTS, L
I'd that sale and its confirmation, obfuine
w. the absolute property In all of the
sH"' bonds and coupons.
Iv Later on, Mr., Ritchlc affected n sc
IS, tlcment with tho legatees and distrib
g. tees of the estate OF 4. w. Cornell |
:" which this property, namely, the
stocks, honds and coupons, were TO
p given up and turned over by said exc
!. utors to Sophronia j. Ritchie; al
Sophronia j. Ritchie, therefore, by v
! =. tue of this arrangement claims I
: absolute property, title and ownersll
!, of all this property
4 This Is n summary statement of (
ease and of the respective claims
the parties, and 1t dovolves upon I
court 10 determine here whether {
, court shall make nm order that the ,