The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-26
BIG CFIGHTF FOR Land
One Hundred Thousand Dollars
Involved.
Hutchinson People in Contest
Before Supreme Court.

The celebrated lawsuit of Jarndyce
vs.. Jarndyce. or even the less remote
Hiumon litigation, Is no more long,
Intricate and confusing than a lawsuit
from Reno county which was filed in
The Kansas supreme court this morn
ing.
This Reno county lawsuit involves
he title to 500. 600 worth of property
which was once a quarter section farm
but which is now a portion of the city
of Hutchinson. It is covered with
buildings, and is owned by dozens of
different people. but the litigation over
the ownership is apparently just get
ting a good start after continual
fight for the past fifteen or twenty
years.
The title of the case is John Caldwell
VS.. L. A. Bigger ct al. The let al
covers half page of typewriter
manuscript. Bigger is one of the rich
men of Hutchinson, and makes his
money specializing in real estate and
bonds.
In nutshell. the case is this: Cald-
we'll is trying to smash a tax deed and
a sheriff's deed which were given to
the quarter section, on the ground that
these deeds are invalid If he can do
this he gets the property The Reno
county court decided against him.
The history of the case involves ro-
nance, strategy and crime. It started
with one Robert Titus. who deserted
his wife back in Michigan, and went
to the Mexican war. He never return
ed to his wife, but located in Hutchin-
son instead, and pre-empted the quar-
ter section of land which is now IN
controversy. Then without getting a
divorce from his former wife, Titus
married again. but. before he completed
n title n the land ho died and the
government issued the title to his
heirs.
It was then discovered that Titus
had two sets of heirs, one set by his
legitimate marriage in Michigan, and
another set by his illegitimate mar
riage in Kansas. These heirs became
involved in d big fight in the courts
over who should have the land. L
was just about the time of the grea
Kansas land boom, and the land waI
worth fighting for The case Wen
through the state courts, and finally
was taken up to the supreme cour
of the United States, where it wa
/ finally decided that the illegitimat'
heirs should be recognized. and share
proportionately in the title TO tbs
quarter section of land.
John Caldwell. the plaintiff in tn,
present action. is the son of Rob
ert Titus daughter by the first mar
riage and he bought up the claim
OF all the so-called Legitimate heir
until he owned 1928 Of the estate
d. B. Miller bought up the titles o
the ''illegitimate" heirs until he ownet
the remaining 1928 Of the estate NIL
Ter decided his interests to the Hutch
inson Investment company, of wllicl
L. A. Biggar was president.
Just about this time the boon
burst, and the land, which had beer
recognized as being worth probabl,
$1,000 as a farm, was so much de
preciated in value that the hostil
claimants forgot their fights. ant
Caldwell apparently shook the dus
of his 1928 from his feet, never t
return
After a while the Caldwell interest
were sold for taxes and finally cam
into the possession of E L. Myer
| through tax deed Myers ran tn
case through the courts and quiete,
title Then the firm which had acte,
as attorneys for Caldwell got a judg
| ment for $4,000 against him for at
/ tOrneys' fees, which was finally sol
to somebody else, hawked about, com
i promised and settled by the issuance o
a sheriff's deed to the Caldwell shar
of the quarter section. These are tn
two deeds now outstanding agains
Caldwe1I's interests.
A few years ago when land agai
became valuable in Kansas. Caldwell