The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-04-06
PRICE HEIRS WIN.
Famous Atchison Law Suit De-
cided by Supreme Court.

The supreme court today reversed
what are known as the Price cases
from Atchison county, and remanded
them to the district court Of that coun-
ty with directions that judgment be en-
tered for the plaintiff in error. A reversal
of a judgment is nothing unusual. but
coupling that decision with an order for
an absolute judgment is out of the or
binary.
These cases have obtained prominence
in law circles by reason of the prom
inence of the late John NJ. Price, whose
widow is the plaintiff in error, and on
account of the remarkable judgment
she was compelled to appeal from. In
January, 1894, John NJ Price, then a
state senator was afflicted with paresis
which began to assert itself year be-
fore, while the legislature was in session.
He owed 81, 500 taxes and mechanics leln
on his homestead in AtchlSSn which had
cost him $50 000 The debt haunted his
diseased and infirm mind and he sought
a loan. He might have borrowed the
amount of any loan company on the
homestead, or on a $4,000 paid up New
York Life Insurance company policy
which he held, but he had frequently
borrowed money of the First National
bank of AtchiSon. and to this bank he
went as a moth goes to a candle. He
already owed the bank $4,000 for which
he had given deed in the nature OF a
mortgage for so acres of land. This
given, but. it had deprecated in value
since and when after some delay, Price
finally effected a loan for $3.50 he was
persuaded to merge the two debts and
give in addition to the security of so
acres his homestead of 19 acres a large
number of town lots and $4,000 life in
surance. He was unable to meet the
payments when they become due, and
the bank foreclosed- In less than three
years the bank had the so acres of land,
thu homestead, the town lots and the
IS, 600 life insurance, and in addition
Judgment of 600 against Price
After Prices death in October, 1893.
when the injustice of all this dawned
upon the Price family, a suit was in
stituted in the district court to reopen
the case on the ground that Price was
insane when he gave the mortgage. 4
preliminary issue of the case came up
before Judge Bland, of the district
court. and among other witnesses sum
mCHed was John w. Leedy, then gov
erner of the state. who sWore that Price
was removed from the senate committee
of ordnance in 1893 on account of his
falling and irresponsible mind Then
the main issue came on, and Judge
Bland although it was a court case,
summoned a jury to try it. I1eedy's
testimony was not given to this jury,
but many others testified to Prices in
sanity. and the jury held that Price
was insane at the time the mortgage
was given that undue influence was
used to obtain his signature, md that
he was not at any time nIIeQ Tor DHS4-
ness after he gave the mortgage and as
signed the life insurance. Judge Bland
refused to accept the jury's interpreta-
tiol of the evidence and arbitrarily
turned it down. giving judgment for
the bank From this judgment Mrs
Price came to the supreme court, which
by q unanimous vote reverses Judge
Bland, and in effect holds that there
never was any justice or right for his
repUdiation OF the jury's s verdict, and 50
orders him to enter judgment for all the
widow contended for. By the decision
today she gets her home clear and the
IS, ,0a0 life insurance
SUPREME COURT DECISIONS.
Among the decisions handed down by
the supreme court today was the Sey-
mour egg case from Shawnee county
The commission firm of Armstrong &
Kassebaum published the following ad-
vertisement early in February, 1895:
We will pay 101ac net Topeka. for all
fresh eggs shipped US to arrive here by
February r. Acceptance Of our bid with
number Of cases stated to be sent BY
February GOTH