The Corvallis times. (Corvallis, Or.) 1888-1909, 1902-11-15
SUING HIS sURETIES
Move to Collect Executors Debt to Ma
son Estates From Bondsmen.

| son Estates From Bondsmen.
Two Benton county men stand
face to face with the prospect of
having to pay a surety debt. They
are ] w Ingle of Corvallis and J J
Rodgers of Kings Valley, and the
amount, about s., 400. Lawsuits
! were brought into the circuit court
Thursday, to enforce collection of
the amount, and both men have
been served with the legal papers.
Named with them as a defendant
in the case is J L Akin, executor
, of the Peter w and Hannah B Ma
son estates.
The cases are the outgrowth of
the late decision of the supreme
court, mention of which was made
in the TIMES. J L Akin several
years ago became executor Of the
Mason estates. At the time of
his appointment, Akin was indebt-.
ed to Peter Mason on account of
a promissory note delivered to the
latter during the 1atter's lifetime,
Akin was then insolvent, and ac-
cording to various court aA6rma-
tions, has since remained so. In
his final account, Akin did not
charge himself with the amount of
note and certain creditors of the
estate asked that the amount of
the note be charged against him
as though it were SO much money.
In the county court the creditors
were overruled, but they carried
their contention TO the circuit
court and there met with a favor
able decision. Akin carried the
matter to the supreme court. and
the latter like the circuit court held
that the debt he owed the estate,
should be charged against him, as
executor, just as though it were
so much money in his hands, The
creditors referred to were Margery
B Davisson and The Church of
the United Brethren of Eugene,
When Akin was appointed ex.
ecutor of the Peter w and Hannah
B Mason estates, J w Ing1e, then
Of Phi1omath, but now of Corvallis
and J J Rodgers of Kings Valley,
became sureties for him. The de-
cision of the supreme court, hold
ing that the Akin debt to the es-
tate is in effect so much money in
Akin's hands as executor, seems to
open the way for holding Akin's
liable for the amount.
This at least, is the purpose of the
suits brought Thursday, in which
[ngle and Rodgers are named as CO.
defendants with Akin.
One of the suits is brought by
he United Brethren church of Eu-
gene. Its complaint rec ties that
he courts, circuit and supreme
lave held that Akin has in his
hands over and above his commits
ions and expenses of administra-
ion, and available for distribution,
he sum of $I.399. OF. and the coun-
y court of Benton county, in ac-
,ordance, with decree of the cir
>ull lOul OIuGICd tudl lAC dulOuut
hould be distributed among cred
tors, and the plaintiff should re-
:eive S617.2o. The plaintiff, the
continues, demanded
oayment, and the defendant Akin
efused, failed and neglected to pay
he amount, save $Io2. "a, and
here is still due a balance of
4o2.26 with interest for which
is asked, together with
osts of the action. In the body
# the complaint appears the surety
'aths of Ingle, and Rodgers, when :
hey became bondsmen for Akin.
he other case is identical with /:
hat of the United, Brethren church !.
nd Margery B DAWSON is plain
if. The cases will be watched .
With interest, not only by lawyers,
ut by laymen. E R Bryson is :
ttorney for plaintiff in both cases. /.