The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-10-20
WHAT JURY MAY DO
It VIII Say Whether 1t Gave Deed
or Mortgage.

The Anderson Gray case was the cen
ter of interest in the district court yes
terday. Just before noon Judge Dale
gave notice that he wished to hear some
arguments on the point that had been
raised as to whether the Equitable
Surety company was ar innocent pur-
chaser before he instructed the jury. The
jury was discharged from further service
until next Monday morning at 8 O'Clock.
Judge Dale stated that ne did not want
this case to go to the jury last night so
as To compel them to be out over Sunday.
He said they he d one jury cut over Sun
day in Sumner county case and they did
not want airy more OF il.
Mr.. Shattuck opened the argument for
the plaintiff and he was replied to by Mr..
Dey, Of Wellington. They seem to have
charge Of the real estate part Of the
contest for the litigants and both of
them show a wide knowledge ia regard
to titles Judge HOughey, Of Wening
ton, and AJnidCn &, Comfy of this city,
arc the fellows who step inside the ropes
and do the scrapping. All of them are
hard and fast nitters and good dodgers
and make the case interesting from start
TO finish.
Mr. Skattuck produced supreme court
decisions which laid down the principle
that the purchase Of d quit claim title
could not be considered an innocent pur-
chaser within the meaning Of the statute
He pointed out that this deed from An
dersoR Gray was quit claim and that
of itself was a sufficient notice to the
Equitable Security company TO put it on
its guard at the time it bought the Gray
farm.
To this point Judge Dey made answer
that the deed set out on its face shat
Dorsey had paid Gray, $4,000 for the deed
and that the Security company had
right to believe in that statement and
ne read court decisions TO support his
theory.
There was one point. however, on
which the attorneys seemed to agree,
and that was that the jury ought to
pass on the point as TO whether this deed
from Gray to Dorsey should be con-
sidered merely a mortgage or whether
it was a legitimate deed as claimed by
the defense, and in case they found it
to be a mortgage, to give Gray judgment
against the mortgage company for rents
and against the parties actually in pos
session. for possession of the property,
and find for the defendant if it was n
deed.
This kind OF finding would not in
validate the mortgage and Gray would
still have that and The accumulated in
terest to pay, IN case the suit was de-
cided in his favor.
Some of the witnesses were recalled
Yesterday morning to give some further
evidence. Frank Mercer was called by
the defense and he testified to the effect
that he give up a farm in Gray's neigh
borhood in 1861 with a mortgage Of 5000
on it and he did 50 because he could buy
a better farm for the same money.
on cross-exarninati0n, he said he did
not mean to say that he could buy bet
ter farm than Anderson Grays for the
same money, but a better farm than he
had given up.
The plaintiff was called TO reply 10 this
and he said his home place was worth
Sc. 90 and that the other four quarter
sections were worth $l6 an acre. Mr..
Haughey asked him If 1t was worth that
much why he die not sell It and pay
this debt after he was arrested. Gray
answered that he mad tried and did make
a Gale Of the lana. but that Dorsey mad
persuaded his tGrays) wife not TO sign
the deed.
The defense kicked on this answer and
the plaintiffs attorneys claimed it was
proper because he was asked why he
did not sell it and he had simply told
why lie did not. Judge Dale, however
considered the answer out of place and
withdrew it from the jury.
When Judge Reed was on the bench
in this county he once remarked that
the court could withdraw an answer
from the jury. but ne asked was Il
withdrawn. Tle claimed that after the
jury had heard q thing 1t would be hard
for them 10 divest their minds OF the
impression il made.
Mrs Ida Dunlap. daughter 81 Aander-
sor Gray. was recalled and she denied
the STORY OF a. Dorsey about the CONVEX
sation with ner father ia the county jail
m Wellington Dorsey testified that in
hat conversation Cray told him that
1e could keep the land ana ser two or
three crops from il before they could
5isplace min. Mrs. Dunlap said she was
present during that conversation ard her
father never told Mr.. Dorsey anything
OF the kind.