The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1902-08-28

have taken possession and now have
possession and control of said property
under the said false and fraudulent in.
strument and have incurred and are in
curing expense and have created liens
and charges upon and against the same
and have advertised for sale at public
auction portion thereof to-wit:
Then follows the decree OF Judge
Fitzgerald This cause was tried by
the court without jury and on the 9th
day OF April, A. D. 1895, the court rem
dered Its oral decision In favor of the
plaintiff upon all the issues and direct
ed written findings and decision to DO
prepared by counsel for plaintiff in
conformity with such oral decision.
And to wit, May II, 1895, such written
findings aud decision were prepared by
counsel for plaintiff and were adopted,
signed and filed by the Court as It's
decision.
Now, In consideration OF the plead.
ings, evidence and law, and OF the de.
cislon OF the court, 1t Is ordered, ad.
judged and decreed by the court that
the said decd of trust mentioned and
described in the complaint in this ac-
tion is fraudulent and void and the
same is hereby cancelled. annulled, In
validated and set aside as against the
plaintiff, Irene M. Robinson. And the
defendants. Eugene Howell and Henry
Kind, and each of them, are hereby
perpetually enioyned from claiming,
holding or asserting any title right, or
in exercising any power or authority
over or concerning tho said property
mentioned and described in said deed;
and from making, executing or deliv-
ering any con veyance OF said property
or any portion thereof, and from in any
manner interfering with said property
or with the use and enjoyment there
OF.
1t Is further adjudged ana dec reed
that the plaintiff. Irene NJ. Robinson,
recover her costs In the action expend
ed and taxed at s77.35.'
A. L. FITZGERALD,
District Judge.
Howell and Kind were not satisfied
with the decision and took 1t to the Su.
preme Court, where the decision was
reversed on law point to.wit: That
there was not proper service made on
some necessary parties to the suit. Be.
sides Kind and Howell, there were two
other parties, who were considered
necessary parties to the suit, James and
e. D. Church of New York, The Su-
preme Court found that they were nec-
essary parties to the suit and as they
were not cited into court the Supreme
Court reversed 1t on this point but did
not refer to the other questions of fact
as found by Judge Fitzgerald. The
case was tried again and the Judge
gave his findings and decree as follows;
1T was found that Eugene Howell
was the attorney In fact OF Irene NJ.
Robinson and was, as such attorney,
In the possession, management and
control OF the property mentioned in
said deed, and had been and was then
acting as her agent and representative
In the settlement OF the estate OF her
deceased husband.
THAT Eugene Howell was also the
sttorney-in.fact of James A. and e.
D. Church and at said date had secret
agreement and understanding with
them that he should be interested In
the property and be the owner Of an
undivided interest therein.
THAT at the date OF the execution
and delivery OF said deed Irene M. Rob-
inson was not personally indebted to
Eugene Howell in any sum of money
whatever, otherwise than for services
which said Eugene Howell rendered to
her as executrix OF the estate OF Eugene
N. Robinson, o.. 200, for which Eugene
Howell had receipted.
The Court found:
THAT the said deed mentioned In the
conn plant is Illegal and void, because
at the time OF Its execution, the said
Irene NJ. Robinson was non compos
mentis and had no legal capacity to
make such deed.
Secoud-Thst such deed is construc.
lively fraudulent, by reason OF the 70.
lation existing between the said Eugene
Howell, the said Irene NJ. Robinson and
the said James A. and E. D. Church
at the time OF Its execution, and for this
reason should be invaldated. F."
Once more Howell and Kind managed
to find an excuse for another hearing
and the case was referred by mutual
agreement OF the parties interested to
Judge Mack of Virginia City. That
gen ntleman rendered his decision some
months ago. Like Judge Fitzgerald,
he found that Mrs. Robinson was non
compos mentis at the timo of the ex-
eeution of the deed. What damage
Mrs. Robinson's property suffered dur
the nine years 1t was In litigation the
writer cannot say, nor does he know
to what expense she was put for legal
advice, but II must have been very
heavy.
Lane City Republicans.
The Republicans OF Lane CITY met