The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-09-02
SUES TO SET ASIDE
DEED TO PROPERTY
w. +. Johnson Alleges Con-
tract Was Not Fulfilled.
MUTUAL BURIAL S0CiTY
They Bought Territorial Right
to Organize Them.
MUTUAL BURIAL S0CiTY

W. A. Johnson and Eva R. Johnson
yesterday filed a petition in the district
court against Alexis f. Burk asking the
court TO set aside a deed for two lots
on Lawrence avenue which the plaintiff
gave TO the defendant for the exclusive
privilege of organizing mutual burial
association, under the copyright granted
the Harrison Mutual Burial Association
in 1898 in Wisconsin, Minnesota. North
and South Dakotas. Montana, Idaho,
Washington, Oregon and California.
According to the petition on the 18th Of
last June MI. Burke sold to Mr.. and Mrs.
johnson thh exclusive privilege in the
states named to organize an association
under the copyright granted in 1899 and
numbered 81 ,6S9. This was the original
plan whereby mutual burial associations
were organized whereby people paid a
periodical assessment ana at the death
of the member all funeral expenses were
paid by the association. Each funeral
was to cost the society one hundred dol
lars
The plaintiffs claim that they gave Mr..
Burk deed to the property on Law
renee avenue in blank and 1t was put
in escrow in the Fourth National bank
and that they gave him four notes dated
June i, 1902 due in three, six and nine
months. The defendants claim that Mr..
Burk took the deed out of the bank and
put his own name into the blank spaces
and filed it with the register of deeds.
The petition claims that the defendant
agreed TO protect the plaintiffs interests
in the copyright in the states named and
that in case Mr.. Johnson heard of anyone
infringing on the copyright he was to
notify the defendant or his attorney and
the matter would be taken into the
Emitted States courts and have those as
sociations closed at once. The petition
states that MIR. Burk stated that he had
closed eleven undertakers who had opened
up mutual burial associations on the plan
which he said was covered with the copy
right, and that he would 40 others like
wise unless they procured rights to or
ganize associations from him or his as
signs. According to the petition the de-
PENDANT was to give the plaintiffs abso-
lutte protection in the nine states and
that no infringments would be tolerated
in those sections Mr.. Johnson claims
that the copyright in the nine states was
worth ten thousand dollars according TO
the representations made To him by Mr..
Burk at the time of the deal was made.
The petition goes on to say that about
the time the transaction was made in
this city an organization in Illinois was
using the same plan as that copyrighted
by Mr.. Burk which the petitioners al
-lege he failed to enjoin or close and that
in January of this year an organization
was formed in Spokane. Wash. one of
the states in which the plaintiffs We're to
have exclusive control and that this asso-
citation has not been enjoined or closed.
The plaintiffs declare that they have al
ready sold a right to Alexander Trumbun
and Mr.. Dickerson the right to operate
r mutual burial association in that town.
They further allege that there are two
rival organizations operating in Mime
apolis under the Burk plan which have
not been enjoined or closed They fur
Their allege that the insurance depart
ment refused to allow Mr.. Johnson TO
operate in Minnesota without complying
with the laws of the state and that they
notified Mir Burk to take such steps as
were necessary for them to be allowed to
work in Minnesota.
The plaintiffs ask that the court set
aside the deed to the Lawrence avenue
property and cancel the notes aggTegating
two thousand dollars and that re-
ceiver he appointed to take charge of the
property during the time The action is
pending. They allege that the deeds
and notes were fradulently procured.
This is the FIRST suit of the kind filed
ana il viii be watched with interest all
over the country as a number of terri
torial rights have been sold. so it is al
legged, and the assigns have not been
protected by Mr.. Burk 1t is understood
that further litigation will be commenced
within a short time.