Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-01-07
These Two Allegations Now
Enter Into a Big law Suit
at Avoca
VALUABLE FARM is INVOLVED
Campbell Armstrong Case Begun at
Avoca saturday-started Over a
Controversy Over Title to Valuable
Farm in WaveIand Township-Has
Some Most Unusual Features.
Special to Times-Republican

Council Bluffs, Jan. Further
complications in the unusual case OF
Campbell VS.. Armstrong, which was
begun in county court at Avoca Sat
urday, are promised by the filing of al
information by Alexander Campbell
the plaintiff, in which he charges that
John Mckay, a tenant on the farm in
question, was guilty of perjury in a
petition which. Mckay swore to in the
case now in trial.
The original suit has romantic col
oring. 1t is a controversy over title to
valuable farm in Waveland town
ship, this county, and involves some
most unusual and romantic features
Campbell, the original owner of the
farm in controversy, became financial
ly involved and in order to recover lost
ground borrowed $4,000 from Robert
Armstrong, of Stark county, Illinois,
guaranteeing payment with a mort
gage on the farm.
Campbell claims to have paid $4,000
Of the sum borrowed and that the old
papers In the case were taken up,
Campbell then executing a trust deed
to Armstrong. receiving, in return for
the deed a contract to the effect that
the farm would be transferred to
Campbell by Armstrong when the ball
2nno of Tho Loan u,oc maid
Here is where the complications re-
sulting began to eRtangle the case.
Armstrong, to whom the mortgage was
given, died and his brother, George
Armstrong, appeared upon the scene
Campbell alleges that the brother con-
cealed from his the fact that Robert
Armstrong had executed a reconvey-
ance of the farm and that he had sent
the papers to a local bank for con-
Summation of the deal. Instead, how
ever Campbell says George Armstrong
agreed to close the deal upon the pay
ment to him of $4,000.
While Campbell was endeavoring to
secure the $4,000 it is charged that
Armstrong instituted suit for a re-
ceiver and for an injunction restraining
possession of the farm. Later on
Campbell and his family were elected
from the place. Believing that he had
exhausted his remedy at law Campbell
some time later left the country, going
to Alaska. While in the Klondike
Campbell met John P. Stuhr former
deputy sheriff of Avoca, who was the
officer who officiated in the previous
ejectment proceedings. From Stuhr
Campbell claims to have learned that
the entire ejectment was a farce and
without the slightest legal authority.
Campbell lost no time in returning
to Iowa after coming into possession
OF this knowledge and Immediately
upon his arrival took possession of the
farm, from which he had previously
been elected Suit was brought to
enjoin him and in obedience to a writ
Campbell peaceably gave up possession,
taking care to protect his interests at
court, leaving the issue to the courts
for adjudication.
Campbell thereupon began suit, all
leging that he had been the victim of
a conspiracy to defraud him of his
farm. He filed an information in the
court of a justice of the peace at
Avoca against George Armstrong, but
the latter has never reappeared in the
county or the state, so far as known
and the warrant still remains I'M
served.
The case had just started Saturday
when the last information against Nc
Kay, charging perjury, was filed. Nc
Kay signed petition in the original
suit, in which it is charged he swore
falsely.
Both suits are being watched with
great degree of interest in this sec
ton of the state. ~