The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-24
CHAPTER XIII.
THE CLAIMANT.

.
"Go to Morley & Stevens, 1 think they
will listen to you," was all the note con-
tanned but to the recipient it brought great
joy, proving as it did that Constance had
been quietly working. if not in his behalf,
to give him opportunity to prosecute his
claims and prove their title to be either
true 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 well known
to my readers by this time. and 1 will not
repeat it. When he finished. both lawyers
observed that he said nothing about Con-
stances 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 determination to prose-
cute 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 tirae), for they provide for any
case where one person Is In possession OF
any land or tenement belonging to another
and wrongfully withheld from the owner.
whether the relation or 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 notice to quit. writ of
summons may be issued The writ must be
set forth In substance that the plaintiff is
entitled TO the possession of the demanded
premises. and that the defendant is in
possession of the same without right, after
notice In writing TO quit the same. IL the
defendant makes default. that is, fails to
appear or il the court decides that the
plaintiff has sustained his complaint,
premises and costs will be rendered and a
writ OF possession given. But IL the de-
PENDANT pleads any plea bringing in ques-
ton the title to the demanded premises he
shall recognize To the plaintiff with suffi-
cient sureties. such as the court shall order
not only TO enter and prosecute the action
at the first term OF the Supreme Court, but
10 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 Hamil-
ton. As such he has right to it. Other
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-victor Hamil-
ton or Ashley
II don't absolutely know that it is either"
THAT makes no difference \ fictitious
name may be used. even when name is un-
known. In this case you can use which
name you choose. but afterwards the court
may amend IL. This section is really to
further the action which otherwise might
be impeded. The man who is possessed of
your estate Is TO be ousted: IL does not
matter at this point OF proceeding what his
maine is.
II see Well, issue il against Victor Ham
fiton. | don't care TO establish 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. That is
possession, you know. | think We may as
well begin to look into the case at once
Can you prove that the twin brother was
stolen, and that you made search for him %
II think can, but / shall be compelled
20 so to Elmira At last accounts the
nurse from whom the child was stolen
WAS alive. though very feeble. think she
was fully aware that my mother was never
convinced OF his death"
THAT would be point gained. Then
II you could prove that you went in search
OF him Ii would be set against the asser-
ton OF the defendant that he had no broth