The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-02
BY MRS. DEvLIN.
Files an Answer in Coal Conn
pany Suits.
Claims Dover Right in the Two
Properties.
NOTTHE RIGHT COURT
Asserts That Judge Pollock Has
No Jurisdiction.
Over Half Million Dollars Worth
of Property Involved.

/ Mary A. J. Devlin, widow of Charles
| J. Devlin, files an answer to the suit
| brought by w. S. Woods, trustee of the
Kansas City Coal and Coke company
and the Marceline Coal company, for
mer Devlin corporations, to determine
| the ownership. claiming that the United
States district court, Judge John c.
Pollock, judge, has no jurisdiction in
either of the suits
Mrs. Devlin claims a dover interest
in both of the companies and assumes
the stand that suit should have been
brought in either state or federal courts
OF Missouri, because the petitioner is a
iesloent or that state and the companies
Dotn transacted business in Missouri.
Inese two suits over property valued
ar $oOO,OOO mark the last big litigation
to both of these corporations is badly
involved. Ten different interests lay
claim to title in the Kansas City Coke
and Coal company and three in the
Marceline Coal company.
The Kansas City Coal and Coke COM
pany property is within a stones throw
OF the proposed site of the new Union
depot at Kansas City and is easily
worth over 100000. The Marceline Coal
company is estimated to be worth close
to 100000
w. 8. Wood, as trustee, claims full
right and title to the possession of the
trustee by the creditors of the defunct
companies at a meeting held December
IS, 1905. Answers have been filed by
practically all of leading plaintiffs in
both petitions with the exception of the
Central National bank of Topeka
named as one of the plaintiffs in the
Kansas City Coal and Coke company
suit. The Central National has been
to file suit
A hearing will be had before N H.
Loomis, special referee in bankruptcy,
on August 15 and the contesting plain
tiff as we'll as the defendants, will make
their first arguments to determine the
ownership of these valuable properties.
1t is a fight between a widow claiming
dover rights, trustees representing the
estate of G. J. Devlin and in general his
creditors of his estate, a trustee repre-
senting creditors of the two companies
only and certain other creditors who
had made loans and secured special
preference through executed deeds con-
veying property together with an in
terest claim by w. E. Thomas and l1fs
heirs. All of these claimants will have
to have their rights determined upon
before the. properties can be placed on
the market and for sales ~Thet Kansas
City Coal and Coke company's property
consists of a number of lots in MCGEE
Place addition, to q inclusive in block
9, let's Is to Is inclusive in block s, 243
feet on goth street in E. NJ. McGee's sub
division and lots 1 to 9 and IL to 10 in
Hyde and Fosters addition. These are
the main assets. The Marceline Coal
company is located at Marceline. Mis-
souri,. and it's assets consist of surface
and coal lands together with the usual
appurtenances peculiar to coal mining
properties.
Frank E. Lewis, who is trustee for w.
E. Thomas, bankrupt. enters a demurrer
to the petition of Woods in the Kansas
City Coal and Coke company in which
Lewis has been made a defendant on
the grounds that the petition shows that
the court in which it has been filed has
no jurisdiction over the subject matter,
that nothing is shown in the bill to in
dictate that Thomas has a right or in
terest in the company and that if he has
his wife should have been made a party,
that the suit is wholly without equity.