The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-26
MCDONALD is NOW SANE
BUT ANOTHER COURT CASE COMPLI-
Gates MATTERS.
Litigation Involving His Property in
Three Courts-Students Sued
-Other Court Cases.

Mary Mcdonald yesterday brought suit
against James Mcdonald, who. until re-
Gently. was under a judgment Of mental
u~nsoundness. Earnest Clark. his guardian,
Gertrude Scanlon. John f. Scanlon, James
Mcdonald. jr. Thomas McManaman and
Selena McManaman for $1,000 for taking
care of James Mcdonald. sr.. for two
years. She says that she is the daughter-in-
law. being the wife of James Mcdonald, jr.,
and cared for the senior James Mcdonald
for two years prior to Nov. rs. 1899. She
AYERS that her husband became a social
outcast.' and that his father, becoming ad-
dicted TO the use of alcoholic liquors from
grief. beseeched her not TO leave him,
promising that he would amply repay her
for caring for him in his old days. On this
promise she says she cared for him, but,
on Nov. %. 1899, while he was suffering
from a stroke of paralysis. the defendants
removed him to the home of the McMana-
mans.
She asserts thai he owns property worth
more tina $40, 900 and had between 500 and
81. 900 in cash when he went to the McMana-
man home. In his feeble-minded state, she
alleges. he was induced to deed his prop
erty to Thomas McManaman, his stepson,
and asserts that the property was fraudu-
lently conveyed. She says she has received
no compensation for caring for Mcdonald
and asks the court to have the property
reconveyed and require an accounting to
show what has been lone with the money,
in addition to an allowance of $1,000 she
claims is due her.
just about the time of the filing Of the
suit another phase of the Mcdonald litiga-
ton was being wound up In the probate
department. Mcdonald. who recently APP
peared before Judge Walker and asked to
be ''reinstated to sanity saying that his
property would be decided back to him,
providing this action of the court was
taken, was in court to hear the udge' de-
cision. The old mans request was granted.
and after being told that he was rein
stated" he unhesitatingly told Judge
Walker that he was a man of good
sense" While his case was held under adj
visement the property was decided back TO
Mcdonald.
The litigation was beginning to be I'M
raveled, but this new suit. filed yesterday,
throws everything back into chaos. Nc
Donald's guardian has not yet been dis
charged and the property is now In a re-
~ceiver's hands, being placed in the hands
of a trustee so that the rents could be col
Iected. friction having arisen between Nc
Donald and the original collector, so that
collections were almost impossible. Earnest
Clark. his guardian, has a suit pending
against McManaman for r~econveyance of
the property. The new suit is against Nc
Donald as a person of unsound mind. while
he has been reinstated 10 sanity. The
guardian has also been named as a defend
ant. and. according to law. he will be dis
charged, as Mcdonald is of sound mind.
The property has already been decided
back to Mcdonald. which is part of the de-
mand in the new suit. and a receivership
exists for a property that now seems 10 be
In the hands of no one. although the own
ership cannot be questioned. Mary McDon-
| aid will not only have TO prove that her
allegations are true. but IL will be neces-
sary to show that Mcdonald is of unsound
mind. Notwithstanding the fact that he
has been adjudged sane. If the complaint
holds good. and what will become of the
| deed reconveying the property is beyond
comprehension. These are the conditions as
they now exist and how IL will be settled
is a question the Judges will appreciate.
The litigation is now in the Superior. Cir
cult and Probate courts.