Omaha daily bee., 1903-04-25

was approximately $s.s1s. exclusive Of the
costs OF sale. Judgment was secured by
the plaintiffs, but execution has never been
ordered.
In appearance docket So, at page A, is
found one Of the evidences Of the course
pursued by the real estate boomer of the
boom days, when G. e. Mayne and z. A.
benson managed the financial affairs of the
real estate owners OF the city and could
make millionaires for a minute and poor
men for a generation. The answer Of z.
A. Benson in this case is typical.
story of Briggs Place.
In this case Mrs. 2. J. Briggs had sold
through G. e. Mayne to e. A. Benson the
land which was later plated by the latter
as Briggs Place. Many lots had been sold
on partial payments at a price greatly in
excess Of the original price paid Mrs.
Briggs, when the men promoting the deal
found It necessary to default in payment.
The land had been cut up so that as land
1t was worth much less than 1t was before
1t was divided. The desirable lots had
passed out OF the possession of the boom
ers. and the boom had collapsed when Mrs.
Briggs was compelled to bring suit. The
defendants in this case we're William G..
Benson, E. A.. Benson and others. the 9TH
ers including every person who had tn
vested his money In the addition known as
Briggs Place. Mrs. Briggs had ounted
not only upon the land she had sold as Sc
curity for the payment of the debt, but
upon the reputed integrity OF Erastus A.
Benson. who had had possession Of the land
practically from the time she had sold It.
How the reputed integrity Of the man
stood her in hand was shown by the an
swer which he filed In the case, showing
how a straw man can be used to defeat the
payment OF honest debts without smirch-
ing their regulations in the minds Of their
fellow boomers. In that answer Mr.. Ben
son did not deny the debt. but he sought
to avoid it's consequences by boldly
acknowledging the fraud which had been
Matched in the once of Clifton z. Mayne
to place the property OF Mrs. Briggs at the
disposal OF the boomers" without render
ing them liable for the debt created In its
purchase.
Uses a "Straw MAN."
Mr.. Benson said in his answer;
ION and before the 2Sth day OF january
plaintiff MRS. Briggs), was owner Of the
property described in the third paragraph
Of said petition; that Clifton e. Mayne was
plaintiffs agent for the sale OF said prop
erty; that defendant &c. A. Benson) was
approached by said Mayne and urged on
behalf Of plaintiff to purchase sara prop
erty, which defendant refused to do, giving
as a reason for his said refusal hat he
was not able to make a large cash payment
and he did not care to become personally
liable for any mortgage to secure the bal
anoe OF the purchase money; that there
upon said Mayne suggested that some third
party might be found who would be willing
TO purchase the PROPERTY. give a mortgage
for the balance OF the purchase price, and
then. that this defendant could afterwards
purchase the property from such person,
To this arrangement defendant assented,
with the distinct understanding that not.
under any circumstances, would he be per
sonally bound for the balance OF the pur-
chase price. T~hereupon. all through said
Wayne. a deed from plaintiff 10 defendant
William C.. Benson. OF the property de-
scrlbed N said petition was executed and
delivered a mortgage from said william