Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-04
He ACQUIRED
THE PROPERTY
MRS. CELIA DAWSON BRINGS
AN ACTION AGAINST ATTOR-
NEY CARROLL.
PROPERTY WAS BOUGHT
At A SHERIFF'S SALE,
But Mrs. Dawson Says She Was Kept
In Entire Ignorance of tho
Matter Until Too Late.

Mrs. Celia Dawson began an action
against Attorney w. T.. Carroll in the
district court today to compel the de-
PENDANT to transfer to her some prop
erty he bought at sheriff's sale on Janu-
airy 81, 1900. The complaint in the action
sets forth a peculiar concentration of
events in the legal arena. 1t shows that
Mr.. Carroll was attending strictly to
business and that Mrs. Dawson was
overlooking bet which she values at
1000, but which Mr.. Carroll raked down
for between $50 and $40 in cash and
probably considerable of his legal abil-
ity. 1t also shows that a board bill cam
not always be collected because the one
against whom it is presented may have
something up his sleeve to offset the
allegations of the plaintiff as to the de-
struction of potatoes, hash, corned beef
and cabbage and biscuits.
To begin with. Mrs. Dawson alleges
that she owned the north half of lot 6
of block in Leggat & Fosters addition
on which there is a Groom frame
house valued at $4,000. On the south
half of the lot there is a Broom house
valued at 81 900. This, she says, she also
owned. The plaintiff says she has al
ways occupied the north side of the
building and used the south side build
ing for renting purposes; that she is UNI
able to either read or write, and during
the four years prior to her marriage
with Ira Dawson was compelled to earn
her own living and support her children;
that during that time she kept board
! ing and lodging house; that during
1867 James Dougherty boarded at her
| house and became indebted to her to
| the extent of S65; that on July 20. 1898,
she was married to Ira Dawson and on
December 81 Dawson, as her agent,
placed the Dougherty account in the
hands of Carl j. Smith for collection.
! Smith, she alleges, agreed to collect the
| money for % per cent Of it and pay all
costs: that Smith sued Dougherty and
| got judgment for $3.50. but Dougherty
appealed the suit to the district court.
Dougherty, she alleges, put in a
counter claim for $3.50. but she
did not know the meaning of it
or the answer made by him and
Smith did not tell her Dougherty had a
counter claim against her board bill;
that at the conclusion of the trial in
the district court she asked Smith how
| 1t came out and he told her he did not
| know; that she never learned until JAM
uary 81, 1901, that Dougherty had beaten
her in the suit and recovered Judgment
against her, she believing that her claim
had simply been offset by Dougherty s
claim; that w. E. Carroll had charge OF
Dougherty's case, appearing at both
trials; that on January 81 Carroll served
her with a notice to quit the premises,
as he had acquired title to them through
a sheriff's deed issued to him under an
execution of judgment in the case of
Celia Dawson VS.. James Dougherty.
Mrs. Dawson says the notice to quit
was the first knowledge she had of the
existence of the judgment against her;
that after investigating the matter She
found she. had been taxed up with $3.50
principal and $27.30 costs, and that on
January q, 1900, the sheriff had sold
the property to Carroll for $63.S0, giving
him a deed to it. She further says tina,
during the last year she has put 5000
Uses; that all of that time she was kept
in ignorance of the sale until the year
allowed for redemption had expired;
that on August %, 1900. she caused an
abstract of the property to be made by
the Silver Bow Abstract company, and
! that in said abstract there was no men,
ton of any judgment or record against
her; that in pursuance of said abstract
she borrowed $500 from Mary Jenkins
and secured it by giving Mrs. jenkins a
mortgage on the property; that notice OF
the mortgage appeared in the Daily Mer-
camille Report on August IS, and al.
though Mr.. Carroll subscribes for the
Report he failed to notify the plaintiff
or the mortgage that the property hat
been sold under an execution.