The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-09

not record the deed until July 20 1901 u
Is then The. alleged that the attorneys did not
Learned d5s thai the. purp9rteedd deed from
gerry and that they recorded It on July 20
/ Of the present ye0r simply to prevent other
| parties from acquiring title 10 the Hardin
the heirs OF Warren Goodin Warren
Goodin resided in Hardin county.
~
| The following language Of the complain
ant concerning the alleged forgery OF the
/ deed from Colonel Morgan to John A
| veatch, dated November 10, lsa1 but not
recorded until January 3. 1851. a few
months after Colonel Morgan died. is more
/ clearly expressed than any language that
could be supplied. II is as follows The
necessity for tho forgery Of said pnrported
deed herein attacked, from James Morgan
to John A. veatch, Of November 10. Is4l,
Is apparent from the fact that the forger,
who doubtless was better acquainted with
I the Hardin county than the jefferson coun-
( IS records, supposed that John A. Neatch,
l 90 the time of the forgCries OF said deeds
70 said pretended Burton, was the owner
OF said Jefferson county land, he APP
parently was OF said Hardin county land,
! but afterwards discovering his convey
gnee TO James Morgan Of record in said
JtnerSon county, II was manifest that the
fruits OF the forgeries TO said pretend
/ ed Burton could not be realized unless
and until another forgery was consummat-
ed to apparently put The title back In said
Neatch at the time Of his pretended convey
ances to said pretended Burton"
~
The complainant further charges that he
is informed and believes that the defend
ants or some OF them have had In their
possession the alleged forged deed In ques
lion and proceeds as follows:
'Forasmuch as complainant is without
any plan, adequate and complete remedy
at law, and TO the end, therefore that the
why complainant should not have the re-
lief hereby prayed, and may, upon their
several and respective corporal outhN and
according to the best and utmost of their
several and respective knowledge. remem-
niauce, Information and belief, full, true,
direct ana perfect anSwe make TO such
of the several iuterrogatories hereuuto
numbered and set forth. as by the note
hereunder written they are respectively
required to answer; that is TO say.
u. Whether or no you ever saw or had
In your possession. control or power what
: pgrported to be the original OF the herein
aHeged puTported deed from James Nor.
gan 10 John A. Neatch Of November 10,
ls4l, as set forth in the twelfth paragraph
uf the narrative of this billf If Won did.
state when. where and now you came into
the possession, power or control of such
S Instrument. and from the hands or authori-
any one, you parted with such instruments
i and when where how and under what
} SLcumS- ances You came to do so, Declare
.. Whether or no you had any knowledge,
remembrance, information or belief as TO
Z who, In person or through another. pro
Z cured or caused said last mentioned pur-
D ported deed from James Morgan to John
j. A. Neatrh Of November 10 lS41 to be
= tled for record In the record Of deeds
. Tor Jefferson county, Texas! II yea, who
e SO cdnscd or procured such purported deed
y 10 he SO fled for record, and when. where
l. and how you became acquainted with such
Q Go a. rEa1 "a. NrHf
e edge, remembrance. information on be
l lief as 90 the matter of this interrogatory
e and when aud where Declare fully, etc
4 >. Whether or no YOU nave In yonr Gus
u tody, control or power Tho said last men.
1 toned purportad deed from James Morgan
p 10 John A. Veatch Of November 10 1871
the same in manner as required In such
case.
u edge, remembrance. Information or belief
~ as 10 the whereabouts, or as 10 the pos
p session control or power, Of said last
y Morgan 10 John A. Veatch OF November 10
W. ISM II yea. set forth, specifically anr
N accurately, what such knowledge, remem
e tIcularly I'm what It consists, and when
" where and how same was acquired. De
s clare fully etc.
Y The plaintiff then closes his petition With
o his prayer for relief. the 6fth and sixth
4 sections Of said prayer being in the FOL
\ lowing words:
Y - That upon the anal bearing II
e he declared an that the pnrportrd deed DC
!, scrlbcd In the hody Of his bin from Jane;
n date, to-wit, November 10. 1871. is a FOR
P, gerry and so null and void against com
e plaiuant's rights IN the premises, and e.
g that the purPorted judgment ment .oned il
ii the body Of this bill in favor of said Gladys
10 City. OH Gas and Manufacturing company
+ bearing date to-wit June T. 1898. IS ais,
] mill Void CNmnIllnTuI
y "a Tint on the null hearing upor
I the basis Of aforesaid declarations 10 be
Z ordered ana deCreed that the defendants
q hereto and each and every one Of them
o their hoirs, successors and assigns M
! forever eStopped. and also they, their ser
wants. agents and attorneys and each anc
& every one Of them, he perpetualiN enjalnre
q I and strictly commanded under the pains
81 / and penalties of law in case Of diSobedI
q cuCe to desist from, in any action az laN
L or other suit for aforesaid land OF amy, par
! thereof or any interest therein brought o'
I hereafter to be brought pleading, provlus
y or In any manner making use ~ the sllc
1 / purpcFted deed from James Morgan 20 DOM
- a. Neatch. as herelnhcfore described, and
~ the said puTported Judgment In favor of
~ said Gladys City OIL, Gas and Mdnufactur
g ing compauy or either OF such as against
" complainant his heirs or assigns; and
[ further that such purported deed and 1udg
q meuf he cancelled ana aunuued in so far as
~ an impeachment o. htdranCe TO complaint
4 bis heirs or assigns In the exercise of bis
a or thplr legal rights In respect Of the land
"a described In the body on this bill or any
y rart thereof or any interest OF any nature
8 The complaint is signed by the wei
i known firm OF Ewing & Ring Of this city
:; md ]. H. Trunbley, as solicitors for com.
: plainant and by Presley X. Ewing, as
+, counsel
!. WHAT THE ATTORNEY SAYS.
= A Post representative called on Messrs
4 Ewing & Ring but Mr.. Ewing being very
{ busy at the time they introduced and re-
r terred the representative TO Mr.. J. II.
y Trunbley an attorney OF St Louis, who
y has been IN this city stopping at the Rice
% hotel for some days. In answer TO ques
3 lions concerning the matter Mr., Trunbley
Y stated that he did not know that he could
e throw any additional Hight on the ques
!, tons Involved or that It was proper "a
y do so at this time. AS TIE complaint he
ie said IS one IN equity under the rules gov
,, ernlng such pleadings It infinitely and
o specifically alleges facts on which Mr.
!, Howell bases his charge AZ forgery lie
y stated that what al drst was 70 him and
~ his associates only a surmIse had grown
! under the developing facts TO an absolute
= conscientious conviction. That what pur
le Dnrtpd ke a