Omaha daily bee., 1906-04-08

urally a subject OF remark among the
legal profession; and e happened 70 occur
to one OF the younger members 81 that pro-
fession that Il would be wen 20 improve
some Of hfs idle moments by studying MP
the facts OF this case IN the SUFFOLK Regis
tries OF Deeds and OF Probate. Curiosity
prompted this gentleman to extend his in
vestigation beyond the facts directly IN
voived IN the case and 70 trace the title Of
Mr.. John Buttoiph back to an earlier date.
He found that Mr.. Buttolph had purchased
the estate IN 17s0 Of one Hosea johnson.
10 whom n had been conveyed in no by
Benjamin Parsons. The deed from Parsons
to johnson, however, conveyed the land to
johnson simply, without any mention OF
his heirs" and the young lawyer. having
recently read the case Of Buffum v. Hutch
inson, Allen. s.. perceived that Johnson
took under this deed only life estate in
the granted premises and that at his death
the premises reverted to Parsons or his
heirs. The young lawyer, being OF an en-
terprising spirit, thought II would be well
to follow out the investigation suggested
by his discovery. He found, to his sur
prise. that Hosea johnson aid not die I'M
I'll 17ss, the estate having In fact been pur-
chased by him for residence when he
was twenty-one years Of age and about TO
De InhITleu. ne naQ HNeu upon II
twenty years, but had then moved his
residence TO another part OF the city and
sold the estate, as we have seen TO Mr.
Buttolph. When Mr. johnson died In 1856
at the age Of ninety-seven. Il CHANGED that
the sole party entitled TO the revision as
heir OF Benjamin Parsons, was a young
woman. his granddaughter, aged eighteen,
and Just married. This young lady and her
husband lived as sometimes happens, to
celebrate their diamond wedding IN 1851
but died during that year. AS she had been
under the legal disability OF coverture from
the time when her right Of entry upon the
estate as heir OF Benjamin Parsons, first
accrued at the termination Of Johnson's
life estate, the provision Of the statute of
limitations before cited, gave her heirs ten
years after her death, within which to
bring their action.
Parsons Heirs Come In.
These heirs proved to be three or four
people of small means residing in remote
parts OF the United States. What arrange
ments the young lawyer made with these
parties and also with Mr.. John Smith. a
specializing moneyed man of Boston. who
was supposed to have furnished certain
necessary funds, he was wise enough to
keep carefully 10 himself. sufice It to say
heirs of Benjamin Parsons to recover from
Rogers the land which he had Just re-
covered from William and Arthur Jones.
In this action the plaintiffs we're success
full, and they had no sooner been put in
formal possession OF the estate than they
conveyed It, now worth a couple OF
hundred thousand dollars, to the aforesaid
Mr.. John Smith, who was popularity sup
posed to have obtained in this case, as he
usually did In all financial operations in
which he was concerned, the Hons share
of the plumber. The Parsons heirs probably
realized very little from the results Of the
suit; but the young lawyer obtained suf-
ficient TO establish him as a brilliant spec
ulator In suburban lands, second mort
cages and patent rights. Mr.. Smith had
but a short time been in possession of his
new estate when the great fire of Novem-
Der, 1872, swept over It. He was, however,
a most energetic citizen and the ruins were
not cold before he was at work rebuilding.
He bought an adjoining lot In order to
increase the size of his estate, the whole
Of which was soon covered by an elegant
block, conspicuous on the front of which
may be seen his initials u. s." cut in the
stone.
Ingalls, Again Active.
longed to Mr.. ingalls, was passing from
one person to another in the bewildering
manner we have endeavored to describe,
Mr.. ingalls, had himself. for time, looked
on in amazement 1t finally occurred to
him, however. that he would go to the root
Of this matter OF the title. He employed a
skillful conveyanoer to trace that title
back If possible 60 the Book Of Posses
sions. The result OF this investigation was
that the parcel which he had himself
owned. together with the additional parcel
bought and added to II by Smith, had in
1913 or 1914, when the Book of Possessions
was compiled, constituted one parcel, which
was then the possession OF one 'Madid
Engle," who subsequently in 1860. under the
name of "Mauditt Engles," conveyed It
to John Vergoose. on the express condi-
ton that no building should ever be erected
on certain portion Of the rear Of the
premises conveyed. Now, It had so hap
pened that this portion OF these premises
had never been built upon before the great
fire, but Mr.. SPith's new buildings had
covered the whole OF the forbidden ground
1t was evident then. that the condition
had occurred so recently that the right to
enforce forfeiture was not barred by the