The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-08-06
MAJ. HOOD WINS.
Judge Hazen Decides the Pre-
liminary Motions.
Big Martindale Lawsuit Comes
to an End.
THROWN OUT OF COURT
Was No Fraud in Purchase of
Martindale Ranch.
Decision is Complete Vindication
Of Maj. Hood.
THROWN OUT OF COURT

OOOA0AVAA A0 OVAA RAOOO AAASA 4OS1 VAVAA
Of Maj. Hood.
Judge Hazen this morning decided the
demurrer in the case of William Martin
dale against r. T. Battey and others
Judge Hazen held that the previous
| judgments secured in the federal court
were not obtained by fraud. This decis-
ion is in favor of Calvin Hood who
holds the property in controversy.
The property was sold to Hood by
decree of the federal court.
| The plaintiffs claimed that this de-
| cree was obtained by fraud.
Judge Hazen says that the Dleadings
| do not show fraud and that the federal
| court decree cannot be disturbed
| The decision is a complete vindica-
| ton of Major Hood, as the court hold>
|, that the decree of the federal court
directing the sale of the land to Hood
at the price named was regular, and
| that no fraud whatever is shown.
The case was brought in the district
| court by William Martindale against r.
| L. Battey as trustee of Martindale prop
erty, and 1. E. Lambert his attorney,
| and Calvin Hood, the purchaser of pro-
perty from the Martindale estate for
$4l, 600. The charge was made that Bat
| tey and the other defendants were,
| guilty of fraud in securing Judgment
to sell part of the MarIindale estate to
Hood for $41,000 as the property could
be sold for more. 1t was asked that the
judgment of the federal court be set
aside and that damages be awarded to
make up the difference between the SELL
ing price of the property and the value
of $l40,000 set up in the petition. A cross
petition asked that all proceedings be
set aside.
In delivering his opinion on the mo-
tions Judge Hazen said, In the case
of Martindale against Battey several
| demurrers have been filed to the plain
| tiffs petition and to the cross petition.
| The demurrers have been fully argued
and thoroughly briefed. This case is
| of great Importance and the court has
| taken considerable time in determining
| whether the petition states a course of
action"
'"The first proposition discussed relates
to the jurisdiction of this court First
it is contended that plaintiff is seek
this is an action relating to real
estate and can not be maintained
where there is none of the real estate
and therefore contended this court has
no jurisdiction. This question has given
the court no little trouble. Authori-
ties can be found sustaining both sides.
AS there are other questions do not
think necessary to decide that now. 1t
is also claimed that this is a transitory
action because it is a case against Bat
tey in Lyon county That is another
l question on WHICH at one LlIuc L OeClQGQ
| this was local action but upon fur
ther investigation was forced to aban-
don that and decide that this case can,
perhaps, be brought wherever one of the
| defendants can be served But 1 do not
wish to decide that as I do not think
it necessary.
.The question upon which the court
decides this case is the question that in
order to sustain the plaintiff this court
must hold that the DEGREES of the fed
era1 court are a nullity. My judgment
is that facts do not warrant the court
in holding that the Judgment of the fed
eral court is nullity. The question in
the case of Harvey against Rattey in
the federal court was whether Battey
was proceeding properly. That was the
issue. 1t seems to me that the court Is
not going beyond it's authority when it
says that Martindale must have known
of the pendancy of that case. The real
question in that case was whether
Battey was wrongfully atten npting to
dispose of this trust estate. That is
the question in this action, whether
Battey did wrongfully dispose of this
eral court knew that Battey contem-
plated selling this estate to Hood for
S41. 900.
1.-The sale was postponed and parties
decided that the price was fair and then
the order of sale was made. 1t seems to
me that the court is not warranted in
saying that the decree was granted
through fraud. If we litfgate this case
I we must QeleTn1no the same questions
decided in the federal court.
1--WE must not lose sight of the fact
that Hood owed no duty to Martindale
or Battey. He had right to buy the
property at the lowest figure he could.
He had no right to enter into any con-
spiracy. He stands on different level
than Battey.
s.It seems to me after a thorough con-
sideration of the case, that while / am
not entirely satisfied my best judgment
is that the petition does not contain a
cause of action, and the same regarding
the cross petition In deciding this de-
of the petition referring to the setting
aside of the deeds stricken out at the
| request of Judge Horton.
The demurrer to the petition and to
the cross petition will be sustained"
MR. GLEED EXPLAINS.
In speaking of the decision in the
| Martindale-B Battey case, ]. w. Gleed,
! ono of the attorneys for Major Calvin
| number of interesting legal questions
involved in the case. One was as to
whether the suit could be brought in the
| court at all Another was as to whether
the claims were barred by the statute
| of limitation, and there were half a
| dozen other important questions. These
questions Judge Hazen did not consider
it necessary to decide The gist of the
| decision he did make Is this: The prop
| erty was sold under a decree OF the
| federal court. Martindale and his cred
| ltOrS cQdTSeQ tulS Qecrte WAS OUldAASo
= by fraud and attempted to set forth
facts showing that it was obtained by
| fraud Judge Hazen passed over all the
| other questions, most of them, and
holds that the federal decree was not
obtained by fraud and therefore can moi
| be disturbed
The attorneys in the case for William
: Martindale were Judge A H Horton
Judge A L. Redden. Rossington. Smith
& Histed and Judge T. F. Carver. The
, attorneys for Battey and Major Hood
: were Col C. N. Sterry of Los Angeles
John Madden of Emporia. Ferry q
: Doran and Gleed. Ware & Gleed of To
| oeka-