The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-01-25
LAND FRAUD CASES
ooncE AND COLQUITT COUNTY
SITS TO BE TRIED ON MERITS.
STARTLING CHARGES MADE
COMMENT MEN IN SOUTHWEST
GEORGIA ACCUSED OF FRAUD.

ARGUMENTS on Demurrer in Case of
Jennie l.. Graves and others
,roiust III. It. Crawford and Others
Made Before Judge speer-Defend-
.pts Claimed They Were Not Prop
Iv Joined in the Suit and That
There was No Ground for the Ex-
.rciAe of Equitable Jurisdiction.
story of Defendants Alleged
fraudulent Titles.
IN the Circuit Court of the United States
Yesterday morning, Judge speer overruled
tho demurrer of the defendants to the pc
,,ion of the plaintiffs, in the case of Jen-
ME L. Graves and others against H. T..
crawford and others and directed that
me Case proceed on its merits.
The case is an interesting one, the plain
+ifs making sensational charges of wrong
ding and fraud against the defendants,
most OF. whom are prominent and we'll
known citizens of Colquit, Fulton and
Dodge counties. The suit If for the re-
coverv of four lois of land in the Eighth
District of Colquitt county, of consider
able extent and of more than $4,000 in
value.
The demurrer of the defendants was
based on the contention that the parties
defendant had been improperly joined in
The suit, as there was no unity of inter
est among them, and that no case had
been made out by the plaintiffs to give
the court equitable jurisdiction of the sub
iect matter The demurrer was ably ar
gued by Mr.. S. b. Adams, for the defend
4 tins. After listening to the arguments.
q Judge Speer overruled the demurrer.
The plaintiffs in che case are Jennie L.
a Graves Ida ]. Graves and Minnie c.
81 Graves of Cortland county. New York
h and the defendants H. It. Crawford, Will
n lam McMullin and John McAIullin of Col
Il quit county, w. w Ashburn of Fulton
+ county, and John H. HightoWer of Dodge
II county.
The petition recites that soon after the
year 1910 Eli Graves, the uncle of Cyrus
S Graves the latter the husband and
father of the complainants. removed from
his home in Vermont to Thomas county,
Georgia; then a barren wilderness, where
the foot of man, with the exception If
/ the hardy pioneer, had scarcely trod. He
was a Presbyterian minister, and a man
o. considerable education and culture He
did much for the community in which he
lived and received from the state grant
Of forty lots of land in that section, emong
them lots 1853, 354, 383 and 1884 in the Eighth
district of Colquitt county. His brother,
Joel s. Graves, removed at the same time
from Vermont to Florida, and these fom
lots passed by purchase to him, and in
turn, to his son, Cyrus S. Graves.
When Joel acquired this property he
came from Florida to his new possessions
in Georgia and subsequently made Col
quit county his home. He was like MS
brother, an enterprising man and pro-
glessive citizen, and it is recorded of him,
that he built the first brick church n
that part of the country organized and
maintained a prosperous school,, estao-
hshed a cooperage and was generally a
leader in all that pertained to the pros
perity and advancement of the people with
whom he had cast his lot. His son, Cyrus
). Graves, died intestate in 1863 while q
soldier in the service of the Confederacy
end these lots of land passed by descent
10 his wife and two daughters. After
the war they removed to Cortland county
New York aud have lived there since
t2at time. Their lands in Georgia are COW
cred with almost primeval forest of pine
timber and are worth in excess of 500
In 1889 the three women came to Georgia
10 VISIT their property. They were adj
Nsed that caretaker be appointed TO
look after it and prevent trespassing in
their absence and William McMullin was
strongly recommended for this position
lAe owners of the land went over to Col
quit county and looked at it and found
mat parties had already been trespass-
ing upon 1t. McMullin was found and in
the course of the conversation it was lis
covered that Mrs. Graves had been of
kindly service to his brother. when the
lalter was suffering and in want during
Inc war, and he expressed a desire to re-
pay this Kindness by looking after the
property in her absence
McMullin refused to accept any remun-
Grafton for this service but after much
urging finally consented to receive small
sum Of money as a gift for his wife. He
was placed in charge while the manage
ment of the property was entrusted to
inc law firm in Thomasvie the legal adj
slsers OF the plaintiffs. Mrs. Graves and
her daughters then returned to the North
IN their absence, the petition charges
me McMullins and others have perpe-
Idled numerous frauds and by fraudu-
Ient conVeyances of the property among
themselves and to others have cast a
Voud upon the plaintiffs title One of
me plaintiffs agents sold portion OF one
Of the lots to W. w. Ashburn. as his
own property. Another agent appeared
at sale of another portion, which, it IS
VidHned was fraudulent, announced that
me property belonged to the plaintiffs.
nousht 1t In for them for s., and then
uad the deed made out to himself. This
porlloh was subsequently sold 10 Craw-
loId' after having been the subject of a
eoHuslVe sale from the administrator of
oue or the agents to John McMullin. The
peNuon imputes no fraud TO the admins
lalor' but says that he was deceived and
was an innocent party.
uIlam McMullin, after declining to re-
stNe any compensation whatever for hs
services as caretaker of the property,
thought suit in 1898 against the plaintiffs
auo swore out a writ of attachment
"saWst them as non-residents. Without
eutlr havirg been advised, other than by
nuDHcatlon, of the tendency of the suit,
- was decided against them and the prop
wy upon which the writ of attachment
vas levied was to be sold under the de-
ee OF the court, when the sale was stop
Pe' by injunction. The whole crowd
.VrulnS to the petition, took advantage
~ tne TACT that the plaintiffs are defense
a. women, ignorant of business, and
"p"ed from them right royalty
several hearings in the case, bearing up
y" one or another of It's various phases,
80 peen had before Judge Spesr, in Ma
,' some evidence, too has been taken
oDu az the next term of the court the