People's voice., 1900-06-14
REST BANKING
SYSTEM ON EARTH
NJ Some Of Its Beauties

whether he must begin life over. OF
course, this point is not the exact
issue in the case, but the decision
will either mean that Mr.. Gray is not
The same man be was before he was
sentenced or that the pardon restored
him TO his former position in the
world.
The facts in the case are that sew
eral years prior to 1895, Gray borrowed
rom the Equitable Mortgage com.
Dany $4,000 on 800 acres Of land, The
mortgage to run fer seven years and
these seven years were up before 1895,
when the mortgage was fOreClOSed.
In the fOreclOsing suit It was shown
that he had not paid the interest f)r
several years before that time aad
had not paid the taxes on the land far
the last three years. The foreclosure
proceedings were brought by two
Englishmen named Greenfield and
Rankin, both of London, England,
who were the trustees of the Equitable
Mortgage company. Just prior to the
time this suit was filed. death SEN
tence was passed 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 pro-
Vided, as penalty for nOn-payment
when due, that it should draw interest
at The rate of Y per cent after matur-
ity. The judgment rendered was for
the sum CT about Sl3 600, and was not
entered until after Gray's sentence
had been affirmed by the supreme
court.
The land was put up at sheritf's sale
ard sold to the Equitable Securities
company on a bid Of $4,000, the nigh.
est Did received.
After he had been pardOned, Mr..
Gray brought suit against the seCur-
tiles company, claiming that the
foreclosure was not valid because he
was not Damed as one OF the defend.
ants in the action. They claim that
he was not defendant in the suit
because he was under lie sentence,
which the Kansas law recognizes as
death, and that action can not be
brought against dead man. Gray
maintains that his pardon returned
him to his former rights and for that
reason he is now entitled to the pos.
session OF the land.
Yesterday the proceedings did net
reach the actual trial OF the cause OF
action, all the time being taken up by
the settlement Of the preliminarieS
The plaintiffs asked for trial by
jury, but the defendants objected on
the grounds that there were not
enough facts stated 10 the petition Of
the plaintiffs to warrant jury trial,
and asked that the trial be before the
court as a 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 we're three attorneys for the
plaintiff present and each UDe had a
different theory as to the basis Oh
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 a judgment for damages to
the property caused by the fields being
allowed to grow up in weeds and for
the Improvements not being kept.up.
Another thought that he ought to
he given possession only after paying
the Equitable Securities company the
IS, 900 which they had invested. While
the third held that the land could
only become his by payment Of the
original mortgage together with all
the accrued interest which, according
to the terms o. the mortgage, would
now amount to about S22, 900,
There was not time to adjust all
these differences in the court, so Judge
Dale instructed the attorneys to sub
nit the case on briefs and gave them
two weeks In which to prepare them
The Conway Springs Star says the
heaviest losers by Thursday nights
storm are Abe Perry, Andrew Leddy,
Ed Fuller. John Wahl, Geo Groves,
Raymond Yeakle. ]. H. Mckee, S. 7.
PiersOn. ]. c. ThOrnbrO, J. ]. Mar
shall, Tom BurfOrd, John Kayser,
Mylus Kayser, Jess Hall, VIM. Strong,
Ben Rhodes, Warnie DOdSOh, N. G.
Faulkner, Chas. Cotton, John Craig,
belmont Handy, DR.. GOldsberry,
Chas. Howe, James Grimsley, Henry
French, c. G. Smith, Oscar Smith,
John Boyle, Mrs. Belle McKop, John
Steele, Miles Brown, W. D. Nelson,
W. Mclaughlin, S. Ullery and DR..
Troegar. A few nf the above named
carried hail insurance.