The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-06-05
CONTINUED from last Sundays News
Chapter XXIII.
THE CLAIMANT.

Chapter XIII.
THE CLAIMANT.
go to Morley & Stevens, I think
they will listen to you," was all the
note contained, but to the recipient it
brought great joy, proving as it did
that Constance had been quietly work.
ing, if not in his behalf, to give him
an opportunity to prosecute his claims
and prove their title to be either true
or false.
Immediately after the receipt of the
line from Constance, Edes repaired to
the Office of Morley & Stevens. They
received him with seeming respect and
listened to his story with attention. 1t
is we'll known to my readers by this
time, and l will not repeat it, When
he finished, both lawyers observed that
he said nothing about Constance's
recognition through the olfactory sense,
and they judged rightly that he was
unaware of it. They saw, therefore,
that it bore no part in his determine
ton to prosecute his claims. After
the matter had been discussed at some
length, Mr.. Morley said:
ACTIONS against tenants will apply
to your case, Mr.. Hamilton calling
him so for the first time), for they
provide for any case where one person
is in possession of any land or tene-
ment belonging to another, and wrong
fully withheld from the owner, whether
the relation of landlord and tenant
ever existed between the parties or
not Giving the tenant, or occupant,
a notice in writing to quit at day
named therein is the first step. If after
seven days the tenant neglects the no.
Nil of
be issued. The writ must be set forth
in substance that the plaintiff is en-
titled to the possession of the de-
manded premises, and that the de-
PENDANT is in possession of the same
without right, after notice in writing
to quit the same. If the defendant
makes a default, that is, fails to APP
pear or if the court decides that the
plaintiff has sustained his complaint,
premises and costs will be rendered
and a writ of possession given. But
if the defendant pleads any plea
bringing in question the title to the
demanded premises, he shall recognize
to the plaintiff with sufficient sureties,
such as the court shall order, not
only to enter and prosecute the action
at the first term of the Supreme Court,
but to pay damages and costs which
may be enacted against him. That's
about the way the case would run,
wouldn't it, Mr.. Stevens?"
Il think so. The plaintiff claims to
be the owner of the estate, Vane Ham
ilton. AS such he has a right to it.
otherwise he has none. The sole is
sue to be tried is the identity of the
plaintiff with Vane Hamilton. The
action of ejectment rests on this
claim"
Exactly. Now, in what name shall
the writ be issued against him-Vic-
tor Hamilton or Ashley"
I don't absolutely know that it is
either"
THAT makes no difference A ficti-
tious name may be used, even, when
name is unknown. In this case you
can use which name you choose, but
afterwards the court may amend it.
This section is really to further the
action which otherwise might be i'm
peded. The man who is possessed of
your estate is to be ousted: it does
not matter at this point of proceeding
what his name is"
Il see. Well issue it against Vic
tor Hamilton. I don't care to estab-
lish his identity with Ashley.
1T may be your best hold later on"
II hope he will not contest my
claim"
But he will. He has nine points of
the law in his favor, he will reason.
we may as we'll begin to look into the
case at once. Can you prove that
the twin brother was stolen, and that
you made search for him?"
81 think 1 can, but 1 shall be COM
PEELED to go to Elmira. At last ac-
counts the nurse from whom the child
was stolen was alive, though very
feeble I think she was fully aware
that my mother was never convinced
of his death"
THAT would be point gained. Then
if you could prove that you went in
search of him it would be set against
the assertion of the defendant that
he had no brother, and his refusal to
tell why and when he went"
IF I prove it at all it must be by
parties whom I questioned, and they
lived in shady places (here the claim
ant, as we will henceforth call him
for convenience. gave two or three
addresses of this character.) None of
them ever tried to aid me-quite 9TH
erwise; and 1 feel as if it would be
useless to count much upon them"
eff it could be shown by any means