Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-27
RECoNvEYANCE SOUGHT
Suit to Secure Rights Alleged to Be
Held in Valuable Propertv.

Proceedings in equity were instituted to-
day by Oliver ]. Waters against James FL
version and the Lincoln Fire Insurance Com
pany for Injunction and to secure the re-
conveyance to complainant of certain prop
erty interests in the District of Columbia.
The bill. which is filed on behalf of COM
plainant by Attorneys Lambert and Baker.
sets forth that being in the occupancy of
tract Of land consisting of about los acres
on Br1ghtwood avenue. near the District
line, in 1892. he, together with William E.
Clark, deceased. entered into negotiations
with the owners of the property for the
purchase of same, and finally, together with
Clark, obtained the property for sos, 400;
that all of the purchase price being paid
complainant and William Z. Clark were
each entitled to an undivided one-half in
tereSt in the property; that Clark has con-
veyed one-half of his interest to James E.
Clark and Levi Woodbury., the remaining
one-fourth being vested In the estate of VIII
liam E. Clark.
1t is further alleged that from 1884 to
March, 1901, complainant was in close bust
ness and confidential relationship with the
defendant Elverson. and in the course of
their business dealings borrowed the sum
of $4,000 from the defendant Elverson:
that in order to effectually secure the re-
payment of the sum mentioned or whatever
balance might be due it was agreed that
complainant should convey by deed the
property to Elverson. which conveyance
SnOulu StdnQ III SuGcC as a mortgage. that
this was done the 9th day of May, 1898,
but 1t is averred that from the time of the
purchase of the property by complainant
with William E. Clark, complainant has
been in continuous occupation of the prop
erty. has claimed the fee simple interest In
the one-half undivided part, and has resided
upon the property and controlled it, and it
is averred. has paid all taxes and assess
ments thereon.
1t is further set forth that since March,
1901, disagreements have arisen between
himself and the defendant. Elverson, and
that although the full amount of the loan
of $4,000 has been repaid to Elverson, the
latter has refused to reconvey the property
to complainant, and it is alleged complain
ant has recently been notified by the agents
of the defendant to vacate the property
and is threatened with eviction.
1t is also set forth that complainant
placed policy of insurance on the house
located upon the property, and that the
loss provided for in the policy has become
payable by reason of the recent burning
Of the structure: that the policy was issued
by the defendant. the Lincoln Fire Insur-
ance Company. and the court is asked to
enjoin the payment of the money under said
policy to anyone other than the complaint
ant.
The court is asked to decree that the
deed referred to shall be considered in eff
feet loan or mortgage to secure the sum
of $16.5O0 to Elverson. and that upon proof
of payment of the sum referred to Elverson
or a trustee to be appointed by the court
for the purpose be directed to convey the
undivided one-half interest in the property
to complainant: that the defendant, Elver-
son. or his agents. be enjoined from evictng
or attempting to evict modest complain
ant in any way in the possession of his
property. and that the returns from the
policy may be decreed to be paid, one-half
to complainant and the remaining one-half
to the other owners of the property.
Mr.. Elverson is said to be Philadelphia
capitalist and the property is alleged to
have nearly doubled in value since the
purchase of the same in 1892. for SOS, 400.