New-York tribune., 1903-04-05
GOTRICH By ''SQUATTING.'
CHILDREN SUE THE CITY.
Tont Tdnes They Paid on Property
TheD Did Not O1Cn.


closed by suit brought by Thompson Ma
loney. Of No. e3 wall-st. against the city, for
,be recovery of SIS T4S 66 in taxes. 1t is a
rative Of how John F. Allen, contractor
-'squatted' land st One-hundred-and-third-
si and Fgrst-ave on the old Judge McGown
tract, occupied four lots for ten years without
protest, borrowed money q deed the genuine
ness Of which was afterward disproved in the
courts, built houses on the lots and decided the
property TO his daughters, Kate z. Allen and
Mrs. Mary a. Campbell. The daughters continued
IN possession Of the property for nine years. col
lecting in rentals altogether S59. .549, and then
surrendered the lots 10 the heirs OF John Baird.
who now hold them. Mr. Baird built the ele-
waited roads in this city.
The property in question occupies No. 40i to
409 East ne-hundred-and-t -third-st. and No.
2oo0 TO 2.010 First-ave From the papers in the
csse il would appear that John Baird. wealthy
ScotohTnan, obtained possession Of a plot of
ground at -hundred-and-third-st and First
ave. some time in 1878. The ground was so far
away from the growing part Of the city that Mr.
Baird apparently forgot all about owning it.
John Allen cellar digger and contractor
IN 6 small way. and made his headquarters in
the neighborhood Of the lots. which he after
ward claimed and built en- So confident was
Allen that no one would come along and
disturb him that in 1892 he went 10 John Town
shend. with Offices in the Bennett Building. IN
Nassau-st. and told him that he owned the
laad al ne-hundred-and-third-st and First
ave- and wanted to build houses on it.
Nj Townshend had known Allen for years
& contractor and jobber at different trades, and
told him that ne would be glad 10 accommodate
him but he could not lend money for building
purposes without having a mortgage on the
premises and that the first thing necessary was
g deed 70 the lots. This was furnished by Allen,
and the houses were built largely with Mr.
Townshend's loan. Thereafter John Allen
surned proprietorship Of the property. and was
not interfered with until the beginning Of q
suit after 1899. Meanwhile. Allen and his daugh-
re-s Mary and Mrs. Campbell had paid the
city taxes TO the amount Of s13.74s IS. and had
collected rents aggregating S59.545- OF this
Kate received It appears. S40,493. and Mrs.
Campbell SI9.052.
John Baird after q successful business career
IN this city covering about forty years. died in
October. 1891 leaving his estate TO John s.
Baird. jeanette z Baird and others When his
estate was inventoried the lawyers discovered
that he undoubtedly owned the four lots at
Observation-Disclosures and First-ave. The
owners went 20 the Aliens and demanded pos
session and were confronted with a deed pur-
porting TO be signed by John Baird six months
after he Baird had died. The records in the
County Registers office were searched, and the
deed bearing The name OF John Baird was de-
clared by the Baird heirs to be spurious An
ejectrneut suit was brought against the Aliens.
ant the Appellate Division has decided that the
Bairds are the rightful owners
As part OF their defence the Allen heirs tried
70 show that they had enjoyed peaceable pos
session Of the property for more than twenty
Years had paid taxes. made Improvements, etc.
and alleged that the deed, with consideration
Of 81 purporting 10 be from Baird TO Allen. was
genuine.
With the decision Of the Appellate Division
against them. the Allen heirs have now brought
suit against the city for the recovery Of the
taxes they paid on the property under the mis-
APPREHENSION that they owned it.
When z reporter called at the Office OF John
Tounshend on Saturday Mr.. Townshend's asso-
ciate said:
MI Townshead was a rather heavy loser
OF account Of the legal action going against the
Allen heirs Mr.. Allen was long time &C
o1siutsuce Of Mr.. Townshend, and the two men
had many business dealings. When Mr.. Alien
r-oduced e deed for the property at One-hun-
6-ed-aud-third-st- Mr.. Townshend supposed, OF
course that il was genuine, and advanced the
rnonev. taking q mortgage Since the Balros
have gained the property Miss Allen and Mrs.
Ca--nbeu have transferred 10 Mr.. Townshend
property IN The Bronx II part reimbursement
but il was not sufficient 10 cover the entire loss
George p. Wilder, Of No. 40 Cedar-st. coun-
Eel for John 6. Bard said: 1o-O
M Baird bought the lots in question ln 4o!o; ,S
During his latter DAYS he was in bad health, ana
spent much OF his time in Europe once, "IIeL-
q tax btlI for about $1,000 for these 4oIs was
p-esented 70 him, ne declared he Wouio Lot pay
Il and doubt IL he ever paid any taxes Oh
them He died in Octoher, 1871; ana Jonn o l. =,
Parsons settled up his estate. There was no
rner1n-srs15rn that showed ownership Of the lots.
One dev after the estate had been settieo up
was moving nv Office and ran across al
envelope labelled: In re baLo IAS -, -
Earlarn lots asked John 5. Baird, his son.
. be recalled that his father had sold the lots,
and he said ne had not. went 20 the heSIo.sI
Office and discovered that the deco pQrpoI eaaS
70 Be signed by Mr.. Baird was daleo MAJ, 1oo--s
seven months after his death. l took chaIee -, oL
the litigation necessary 10 prove our HtIS- JIi..
e Shaw for the Aliens, set up the claim Ihat
rha -f+le vested in the city under the old Dohsah
charter because the tide flowed over Iiie 80
originally twice a day. The Appellate DLN .oioiI
he'd that the deed held by the Aliens had 80 oee.1
forged and that the city had no title 70 LI.SI-l
Er Shaw has taken the case 20 tHe - ooIlac4
Appeals hut We have possession ana are ~cOILeN,1 ~
igg The rents The buildings are TWO slots ~
structures and used as markets. Iney paI0 80 80
Aliens about 1900 year IN rent . AIlen 49, 49,
IA 1874 one OF the most important things ! nc "a
We turned 1lp IN the shape Of evidence N1S s., o."
old check Of Afr Batrds. made payeoie 70 -4tl; 49,;
for -rasourv work in building retaining go
o., fhe lots that Allen claimed Ihe "oIh Ilt.1
beer dore on the order Of the Health DepaiIe.
mem rhe notice having been sent 10 MI Daii1
owner g. .ha Aliens
aIIaos -ba+ the taxes paid by their clients unoeL
rhe sUDuostion that they owned the "a I3II.s
sFo,,IS 1e rounded Corporation CounseI FLnes
snd his assistant in charge or TAX caseS' MI
Sterling. have decided 10 hght the suit
GERMAN MINISTER IN HARTFORD