Omaha daily bee., 1903-04-25

C. Benson to plaintiff, and a deed from
William G. Benson to this defendant. All
OF said papers we're prepared in the once
OF said Mayne and were not seen by this
defendant until long after the time that
the last Of said instruments was recorded,
which was on the 9Th day Of April, 1887"
How Benson Evades Liability.
Then the answer sets up that that part
of the deed from William G. Benson to
Erastus A. Benson which says that the
latter assumes the mortgage upon the
property is void for the reason that it was
placed IN the deed without the knowledge
or consent of the parties TO the instrument.
The straw man did his duty in this case.
So did William c. Benson of Nuckolls
county, Nebraska, who in his answer set
up the allegation that 1t was not his in
tention that Erastus A. Benson should as
sumo the mortgage. The litigation was
long drawn out, and once again a plaintiff
died before getting justice. Victor b.
Caldwell was appointed special admins
traitor to conduct the case against Mr.. Ben
son and his fellows. Upon trial of the
cause the straw man went down and Mr..
Benson's answer failed OF it's purpose. for
the Judge decided that the terms of the
deed could not be set aside and held that
should the property not bring the amount
of the claim against it, which at that time
was $45, 034.24. a deficiency judgment could
be secured against e. A. Benson. The
property was sold and was purchased by
Victor B. Caldwell, special administrator.
but while the PROPERTY did not bring the
amount OF the claim and costs no de-
hcieney judgment has been secured.
Execution Proof This Time.
Probably the failure Of the plaintiff to
secure deficiency judgment can be found
In the case Of Sherwood b. Davidge against
George e. Barker, e. A. Benson and Frank
B. Johnson. which was brought December
~, 1895, to secure the payment OF nine
promissory notes for $1,000 each, which
were sold by the Central Investment COM
pany to the plaintiff after having been
endorsed by the defendants. In this case
judgment was confessed by stipulation, and
execution was issued, the execution being
returned unsatished in the following
words:
Received the within writ this eighth day
not satisfied. as after diiigent search no
goods and chattels. lands and tenements Of
either 9, E.. Barker. z. A. Benson or Frank
las county. Nebraska.
This was signed by John w. Mcdonald,
sheriff, by George w. Hill, deputy.
The judgment in this case is now the
property Of Frank Murphy, president of the
Omaha Gas company and the Omaha Street
Railway company. according to the records
in the ONCE Of the clerk Of the district
court.
In docket II at page zee. and running
through several other pages, is The case
OF Sophia Lowe against John Riley, wherein
an unsatished judgment for 81 500 is re-
corded against e.. A. Benson. In this case
spohta Lowe attempted to foreelose a
mortgage on lot IA, in block 3. Summit
Place. The amour of her claim was small.
but when the suit was started a number
OF firms and individuals Of the city who
had sold material for the construction Of
the home OF Riley on the lot were brought
in as parties defendant. Many Of them
nled cross bills and were accounted plain
tins. Among them was the firm OF Bale &
Read. plumbers. In addition TO hling a
claim they purchased the right OF the de-