The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-02
Big MartfndaIe Suit Just De-
cided Involved $4,000.
Sale Of Land Growing Out Of
Cross Bank Failure.
JUDGE HAZEN UPHELD.
Held That There Was No
Ground for Action.
HOlderman Case Sent Back for
Trial Was for So, 200.

The Martindale suits, which were de-
cided Thursday afternoon in the SUI
preme court, were an echo of the old
Cross bank failure of Emporia- WILL
lam Martindale, as one Of the chief
owners of the defunct bank, turned in
his property to be sold by a receiver
and the proceeds paid to his creditors.
The receiver appointed in the federal
court was R. T. Battey of Florence.
Martindale alleged that his property
was worth about $141 900, but 1t was bid
in by Major Calvin Hood of Emporia at
$41, 200. 1t consisted of little over 1000
acres of land in Greenwood county,
which Martindale claimed was worth
$107,00O, and other property which he
claimed was worth about $4,000 more.
Two or three years ago Martindale
brought suit in the district court OF
Shawnee county against Major Hood
r. T. Battey and L E Lambert, for
100000 claiming he ought to have got
that much NOR. out of the sale of the
property than it brought. He alleged
that there was a conspiracy between
the defendants for the sale of the pro-
perty for less than it was worth. Lam
bert was attorney for both Battey as
receiver and Major Hood Martindale
claimed that the sale was not properly
advertised and that 1t would have
brought more if it had been sold in
separate tracts instead of all together,
He also claimed that prospective pur-
chasers were discouraged.
One of the grounds of fraud alleged
was that Ford Harvey, one Of Martini
dale'S creditors, brought an action to
enjoin Battey from making the sales
and that he got a restraining order but
that Lambert then purchased Harveys
claim and got that out of the way.
In the district court of Lyon county
a suit was brought against the same
parties and with Martlndale himself as
one of the defendants, by Elizabeth
Holderman, one of Martindale's credi-
tors. She claimed $4,000 on about the
same allegations as in the other case.
She received only a part of her claim
against Martindale but claimed she
would have got about 50 900 more If the
property had been sold for its full
value.
In the $4,000 case in Shawnee county
Judge Hazen sustained a demurrer to
the effect that there was no ground for
an action and the suit was knocked out.
1t was on that demurrer that an appeal
was taken to the supreme court. The
supreme court affirmS Judge Hazen,
sustaining the demurrer on the ground
of a disjoinder of parties. That ends
the $4,000 suit.
In the $4,000 suit from Lyon county a
demurrer was also sustained by the
court, and an appeal taken. But in that
case the supreme court reverSes the
lower court and sends the case back
with instructions to overrule the de-
murrer. That case VIII now go pack
and be tried on the facts. The court
will then PASS on whether or not there
was fraud in the sale.
The opinion in the 100000 case was
written by Chief Justice Johnston, and
in the other case by Justice Smith. All
the justices concurred, but Justice Cum
ningham, who did not sit in the cases
because of his knowledge of them.