The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-30
JUDGE MARTINDALE SUES
T. r. o. soTHAM, MISSOURI STOCK
DEALER, OWED HIM $4,000.
He Had Sold the Missouri Man Fifty.
Two Head OF Registered white
Face Cattle.

Clouds OF financial ruin and disaster have
been lowering around the beautiful stock
farm OF 7. T. b. Sothsm, at Chillicothe,
No.. for long time past. but the other
day they broke and now the famous breeder
OF white-face cattle is apparently ruined
man. The news came as thunder clap
from fair sky that immediate payment
had been demanded on $4,000 worth of in
dsbtednsss-
Armed with a writ OF attachment on the
real estate. Chief Deputy United States
Marshal Miller went to ChiIhcothe Monday
evening and served his papers yesterday
morning The demand was to satisfy the
claim of Judge Elijah 3. Martindale. of
indianapolis. who holds notes aggregating
10000.
The live stock on the farm was already
mortsaged and balance Of $4,000 was past
due and payable. The mortgage stepped
In yesterday and took possession. William
Moffatt being the owner of the notes.
A second mortgage had also been given
on the live stock for borrowed moneys
amounting 10 $4,000 and the loaner of this
amount. ]. NJ. Weaver, OF Illinois, closed
his claim the other day.
Several weeks ago Mr.. Sotham adver-
tised very extensively that he was going
20 sell all his holdings in Missouri and so
into another line OF work in another State.
The columns OF the breeders journals were
used for this purpose and in addition there
% ne had published a prospectus setting
forth the strains of stock that he was going
20 offer for sale. His stock, his home and
his farm were 10 be sold out at once. This
publicity attracted the attention OF the cred
ftors and they lost no time in starting an in
vesugstion, with the results above men
Judge Martindale had sold sotham fifty
two head OF registered white-face cattle
and had accepted for payment three notes
Of x.S33.23 each. The stock was removed
from Indiana and placed on Weavergrace
place. the name OF Mr.. Sothams breeding
farm These notes are not yet due, but
after consulting with Messrs. Lathrop.
Morrow, Fox & Moore, OF St. Louis. Judge
Martindale concluded 10 go 10 Missouri and
After learning from the breeder that his
intentions were 10 go out of the Hereford
b1 eedix1g business. Judge Martindale offered
70 take back his stock and surrender the
notes. After some persuasion il was
thought that the transaction would be
closed in this way, but Mr.. Sotham insisted
on picking the cattle. a trial was made
of getting what he thought was a fair
show at the good stock he would have only
the poorest for his portion. and this he re-
fused TO accept he then went TO st. Louis
and had the papers drawn up for the
United States marshal TO serve. The notes
are signed by Mr.. Sotham and Glenn
Graves. OF Indiana. but no action has been
taken TO enforce collection from the latter
party. This action may be done In the fu-
rure IL rou.lQ necessary
A suit in equity was simultaneously
started FOR the marshaIlng OF the debt
or's assets for the benefit OF his creditors
Mr.. Moffatt was made a party 10 this suit
but BY his action in fOreclosing on the
stock he viii be Withdrawn, as IL leaves
Judge Martindale the first on the list 10 be
satisfied under the attachment lien.
Some years ago Mr.. Sotham borrowed
money from the National Bank OF Com.
merce OF 81. Louis TO the amount OF $4,000
giving a deed OF trust on all his realty and
q mortgage on the live stock. On thi:
note he has paid about sll.oo0. leaving a
balance OF 5000 still due. The paper was
subsequently purchased by William Moi
fatt, who still holds II. When the propo-
sifion OF Judge Martindale was made Il
cancel his notes by taking back his stock
Moffatt was very willing 10 release enough
OF the stock from his mortgage 10 assist Ii
this arnicable settlement. but his offer was
refused by Sotham. When Moffatt learned
OF the proposed action OF Judge Martin.
dale there was but one thing for him Il
do. his lawyers say. TO protect his inter
ests, and that was 10 foreclose.