El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-02-10
Mrs. Moore Now Wants Half
Their Property
DECEIVED AS TO VALUE
She Signed An Agreement Re1in-
gushing Her Rights To the Es-
tate And Now Wants 1t Set
ASide-MOore'S AnSWer-He Is
Well Known In FL PasO And
Throughout Southern New Mex
leo.

Judge Walthall's court Is now en-
gagged in hearing the case of Mrs.
Sarah Moore VS.. Fitzgerald Moore.
The plaintiff and defendant were
formerly man and wife, but were di-
vorced on the Bird of October last. At
that time they entered into an agree
ment whereby Mrs. Moore received, as
her share of the community property,
$500 and three lots on Florence street
in this city, on two of which were brick
houses, one a small cottage, the other q
two story house. The third lot was
vacant. In consideration of this Mrs.
Moore agreed to surrender all her in.
terest and right to the remainder of
their community property. Moore
agreed to support and provide for their
two daughters.
Mrs. Moore is now dissatisfied with
the agreement and seeks to have it set
ceived as to the real value and extent
of the community property. In her
petition she alleges that this property
is worth about Sl5O,O00 and comprises
lands in New Mexico, Texas,a and Cali
fornia, but that her husband was of so
re ticent q nature that she knew little
or nothing of his business relations
until after the divorce.
Moore has filed an answer denying
the allegations of his former wife.
He maintains that she signed the
agreement of her own free will after
being fully advised as to her rights.
He also claims that the property she
received was fully worth $4,000. and he
also declared tina. the value of his
property is greatly exaggerated. This,
he says, has greatly deprecated in
value and that he ia besides under
heavy expense In supporting his two
n nd In
riage. In addition TO this there is
damage suit for S65, 600 pending against
him in the courts of New Mexico,
which, although he denies the justice
of it, may be decided against him. He
also mentions mum Der of other heavy
expenses and liabilities he is RESPONSE
BILE for.
The case is being tried before the
court alone. Falvey and Davis repre-
Buckler and Maurice McKelligon, the
defendant.
The case promises to prove an inter
esting one. The defendant, Fitzgerald
Moore, is resident of Ell Paso, where
he owns considerable property. He is
also we'll known throughout southern
New Mexico, where he owns extensive
interests. He is about fifty years of
age and from all appearances has been
is much younger. The story of their
domestic troubles has been partly pub
ished before.
Mrs. Moore WAS the witness yester-
day afternoon. She testified in sub
stance that she and her husband had
been living apart for some four years
prior to their divorce, she on ranch
near San Diego, California. and he in
Ell Paso and New Mexico. he occa-
81 ,ant hor snrs Of roOnou
but not sufficient to support her and
her two eaughters. At last, in Au
gust, 1899, she came to Ell Paso to
meet her husband and try to come to
an understanding about their financial
affairs.
When she arrived in Ell Paso she
consulted Beall & Kemp as to her
troubles and refused to 60 back to
California at her husbands request.
with her husband and his attorneys,
Patterson and Buckler, and the
divorce was agreed upon. This she
maintained was obtained by her at her
husbands desire. She told of the
division of their property and ad-
mitted that she knew the nature of
the deed when she signed it but main
tanned that she did not know the real
value of the property at that time.
w n6n COuTU COQVSQGu ILLS
the plaintiffs attorneys put the de-
PENDANT on the stand in order to draw
from him a statement as to the value
of the property. This includes quite
mum Der of lots and houses in this city,
lands in New Mexico, west Texas and
other places. He is the owner of a
large part of the block between San
Overland, Kansas and Stan
ton streets. According to his answer
filed to the plaintiffs petition he is
worth about 800 900, which is $50, 900
less than what is claimed by the plain
tiff to be the value of the property.
The direct examination of Mr..
Moore by Attorney Waters Davis oc-
cupied the entire morning and was
still unfinished when the noon hour ar
rived and court ad jourred. Mr.. Moore
was restless and shifted his position in
his chair constantly but gave prompt
and brief answers to every question.
The examination went into the details
Of each piece of property owned by
him and his estimates will probably
come near what he stated in his an
swer to the plaintiffs petition.
Sunset Heights Sales.
The Ell Paso Commercial company
has sold the following properties this
week:
Four lots on Smelter road and Put
nam street for $500.
Three lots on Smelter road and Ter
race avenue for 1915.
Two lots, with house, on Rio Grande