The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-06-26
WILL TRY AGAIN.
Judge Hazen Orders Third Sale
of Douthitt Tract.

Judge Hazen has ordered the third sale
of the Douthitt property to be held July
Is. Judge Pagan of the probate court
has declined to take jurisdiction in the
case until it is settled in the district
court. Mrs. Emily r. Douthitt petition
ed the probate court for an order to sell
the property to pay debts.
The Douthitt property has been in
litigation for several years and sales
have been made and set aside and or
ders and counter orders made until the
controversy seems to have no ending
The property in question is situated
south of Thirteenth street and is in
tersected by Topeka avenue.
There are 40 acres on the east side of
Topeka avenue and 40 on the west side.
The land was all pre-empted by the late
William P. Douthitt. The west 40 acres
has been surveyed into town lots and
many lots have been sold and homes
have been built on the lots. 1t is posi-
bic that before the litigation is closed
that the titles to the properties may be
found to be faulty. At one time during
the boom" days Douthitt was offered
see 600 for the property and at another
time was offered 100000 He refused
both offers. Not long after that
Douthitt mortgaged the east 40 acres
years later Farrell brought suit to fore
close the mortgage and got a judgment
in the lower court. The Judgment was
appealed and affirmed by the supreme
court. Then it was found that the
county commissioners held a judgment
against the property for taxes. The
Farrell judgment and the tax judgment
amounted to $4,000. John R Mulvane
bought the two judgments.
Douthitt died in 1897 and the judg
ment was revived in the name of his
heirs. part of the heirs objected to
the revival of the judgment and it was
a n
the case was carried to the supreme
court the property was sold on an order
from the district court to Guilford Dud-
ley, Jonathan Thomas, Ed Davies and
Albert Parker for $14, 900. That sale
was set aside on the grounds that the
wrong property was appraised. Another
court while the case was still pending
in the supreme court and the property
was sold to L. H. CarSe, of Lawrence,
for SIS, 010. The purchaser learned of
the defective title and refused to make
his bid good and the sale was declared
Off
The supreme court then sustained the
regularity of the revival of the judg-
ment against the heirs and another or
der of sale was issued and the property
was again sold by Sheriff Cook to John
r. Mulvane for $4,000 The sale was
set aside on account of the inadeQuacy
of the price. under the new law regard
ing such sales. the probate court re-
fused jurisdiction. the district court
ordered another sale and such is the
situation regarding the east 40 acres
Before his death Douthitt mortgaged
the west 40 acres to the Bank of To-
peka and shortly before his death con-
Veyed it, subject to the mortgage, to his
daughters Louisa D. Wolf and Laura
D. Root. The heirs took up the mort
gage and made q new one to the Bank
of Topeka for $15,S65. which included
the old mortgage. back taxes and in
tereSt- A disagreement arose between
the heirs as to the sale of the lots and
a partition suit was brought. This suit
was compromised and the property
amcia bly, divided between the two
daughters and the mortgage executed
taken up and each executed mortgage
for one half the indebtedness. to the
Bank of Topeka
Mrs. Douthitt and her son James V.
Douthitt brought suit against Mrs. Wolf
and Mrs. Root and the bank asking that
the conveyance be declared trust for
the benefit of the Douthitt estate. The
Bank of Topeka then fled two foreclos-
ure suits against Mrs Root and Mrs
Wolf to foreclose the mortgage they
had given
about from the reason that the heirs
could not agree as to a division Of the
property.
Around the World in a Yacht
New York, June 26-George Lauder,
Jr, of Pittsburg, proposes to make A
voyage around the world in the schOon-
er yacht EnQyIu1Qn, recently purchaser
from the estate of the late George Day
The yacht which is at South Brooklyn
will sail today for New London, to wit
ness the varsity races. and afterwards
will sail for Scotland, where Mr.. Lauder
will be the guest of Andrew Carnegie.
In the early fall the start for a trip
around the world viii be made Mr..
Lauder will be accompanied by a num-
Der of Yale friends and expects to be
gone a year
Christian Endeavor, Cincinnati, Ohio,
July 6-1O