The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-08-17
GRANT COUNTY
HAS A QUEER
LEGAL TANGLE
Involving Many Intricate Is
sues in Property Claim.
FREAKS OF A BULLET
Brought About Some Very tx
traordinary Complications.

WIN stotler. of wellington. records a
queer case in Grant county. Oklahoma. as
follows:
Many lawyers are interested in case
which is TO come up in the Grant county.
Oklahoma. district court this fall, In
which a farm of 100 acres and s1.7O
worth Of personal property are at stake.
and which involves probably more intrl-
cate issues than any other similar case
in the history of the Oklahoma courts
THE case has been to the supreme
court once. going by way of the probate
and circuit courts; that Is. the points
have been argued there. which go 10
make the case interesting The right to
the ownership of the land was involved
all the time, and it is that point which
is now to be brought again before the
| tribunal.
in 1898 farm hand working for John
L. Ray. bachelor who lived on a quar-.
three miles east of Caldwell, saw rab-
bit stop near the corn crib. dozen yards
from the house. back OF which he and
Ray were seated
" TIL just take a shot at that fellow
said the hired man as he STEPPED into the
Kitchen, returning shortly with a rife
He shot the rabbit and killed II. but the
ball DETECTING from a stone in the foun-
dalton of the crib, found its way back to
the house and passed through Rays body
The ball in striking the wall became fiat
tened and following the face of the wall
for several inches. took course at right
angle from where IL was fred, and strik-
ing Ray In the breast tore a very large
hole and in passing through the back
made a small wound apparently indicat-
ing that Ray had been shot directly in
the back by the hired man, but such was
not the case.
1T made mortal wound. Ray living
only few hours. In that time he made
a verbal will. giving his claim and S1.700
worth of property to p. L. Hawk who
was related by marriage to Orville Smith,
at one time surveyor of Sumner county
Later the will was reduced to writing.
an administrator was appointed and
Hawk was installed as proprietor Of the
claim and the improvements.
Sometime after this a man appeared
vhd cIsirned the nanis OF MARSHALL Kay.
and that he WAS a brother OF the de-
ceased. He was a printer, and had spent
most of his time in nomadic recreation
He was. so he asserted. the sole heir to
the estate, and employed c. c. Rulings. a
Caldwell attorney. to help him secure
possession of what he said was rightly
his. Rulings set to work, with the pro-
vision that he was to have half OF the
claim and half of the personal property
If they von.
Ills first step was to employ Arthur
n. Mackey, Of Pond Creek, to assist him.
with the understanding that Msckey was
TO be given fees as the case progressed /
Suit was brought in the probate court Of
Grant county. but the court decided in
favor of Hawk. An appeal was taken
to the district court. which also decided
that Hawk was entitled to the property
Nothing daunted. the trio resolved to
make another stab, and landed with the !
case in the supreme court There they
got the money. Ray was declared to be /
the rightful heir OF the dead man, and I
was given the property.
Now comes the remarkable part Of the I
story. Ray gave Rulings a deed to an 4
undivided half interest IN the claim and a 4
contract was drawn up IN which he was 4
to have half Of the personal property In I
terests. which consisted mostly Of stock +
Rulings made the fatal mistake Of not
recording the deed. but left it with his +
son Sam. at Pond Creek Now he Is sorry
that he did.
"Mackey. after the supreme court de-
cided in favor OF Ray. rendered a bin 70
Rulings for IS for arguing the case be-
fore the supreme court and s15 for ex-
penses. It was paid. July .. last. how
ever. Mackey got a deed from Ray 70
a one-half Interest in the farm. and on
July p sold it 10 ". p JaoobUs. cashier
CO the Walton hank at Pond Greek. for
81 ,0p0. Ray made a similar eale OF bis
part OF the property and disappeared.
The money was paid over the bank coun-
ter in cash. and now Rulings has brought
suit against Jacobus 70 recover his half
o. the land and property.
The farm haad was never prosecuted
FOR the killing OF Ray. which. OF course.
was accidental"