The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1907-12-05
MANY WERE INVOLVED
One Of The Biggest Cases Ever
Tried In Local Courts.

The largest lawsuit, in the number
of parties and lawyers involved, evel
tried in the courts of Mahaska county
has just been decided by Judge Will
cockson. The case was that of the
Kingman Pillow Co. VS.. E. s. Knowl
ton ct al, being the echo of the fail
ure OF the Knowlton Farm lmpie
ment Co., who formerly conducted an
implement, wagon, buggy, pump, seed
and sewer pipe supply store at 22S
High avenue west.
Over fifty parties took part in the
suit, including the plaintiff, thirty de.
PENDANTS, interevenors and sixteen
lawyers. The lawyers were H. H.
Sheriff, for the plaintiff; Irving z.
Johnson, Dave Waggoner, Frank I.
Nash, Bolton G. Bolton, Shangle &
Gordon, John o. Malcolm. S. v. Rey-
nolds, L. C. Blanchard, c. c. Oryis
w. r, Nelson, J. F. & w. R. Lacey
and Dwight F. Downing.
The defendants in the action we're
E. S. Knowlton, Sylina H. Knowlton,
New Sharon Creamery Co., Frank j.
Enger; Hunt, Helm, Ferris & Co.;
Fairbanks, Morse & Co.; Temple
Pump Company; Pattie Pillow Com
pany;D. p. Thorpe; d. P. Thorpe.
agent; The oskaloosa Savings
Bank; Frankel State Bank; Inter
locking Fence Co.; Havana Metal
Wheel Co.; 0skaloosa National Bank;
Dan Davis; Moline Pillow Co.;
Schuttler & Holtz; Brown Buggy Co.;
Central Supply Co.; Buck Corbett
Iron Co.; Keystone Fence Co.; Nor
rison Mfg. Co.; Rock Island Buggy
Co.; Home Bank of humeston; r. A..
Ferguson; Kingman & Co.; Warren
G. Johnson, and Harry E. Davis.
The case was brought about the
time the Knowlton Implement Coz
went into bankruptcy. by the Kingman
Pillow Co., the holders of judgment,
asking the court to set aside a mort
gage and that they be allowed to re-
deem from a sale under execution
from which w. c. johnson bought the
farm of $50 acres near New Sharon
from E. S. Knowlton. w. c. John
son then appeared as defendant and
asked that he be given the same re-
lief as to the mortgage and also that
all judgments be set aside and his
title to the land be quieted. IN theI
controversy every one holding al
judgment against Knowlton became
one of the defendants and through
their respective attorneys asked for
the same relief as did the KingmanI
Pillow Co.
In the meantime, after the debts
had been created and before they had
been reduced to judgments. Mr.,
Knowlton had given his wife, Mrs.
Sylfna H. Knowlton, a mortgage on
his farm for $500 and she therefore
also appeared among the defendantsl
asking that her lien on the property
be found superior to the Judgments
and the title of Mr.. johnson.
Irving C. Johnson took up the del
Tense of his uncle, w. c. Johnson's
case and Shangle & Gordon appeared
for Mrs Knowlton. These were the
principal parties in the action and
each was opposed by every other par
ty in the case-Mr. Johnson, because
he had the land, and all the rest want |
ed share of it, and Mrs. Knowlton
because she held the principal mort |
gage The numerous holders OF
judgments on the farm prayed that
Mr.. Johnson's money be returned to
him and the land then be divided
among them in the proportion to the
amount of their judgments. Had this
prayer been granted the strife would
then have been between the holders
OF the judgments 10 determine whose
lien was superior.
On the other hand, Warren John |
son contended that since the mortgage
held by Mrs. Knowlton was drawn up
after the debts had been incurred, |
that there had been no money consid-I
Grafton for the said mortgage and
that it was given in attempt to pro-
hibit the owners creditors from col |
lecting their judgments. In support
of this claim. Evidence was intro
duced 10 snow tnat Mr.. hnoWlt0n mad
made statements to various firms that
his property was free from mortgage. |
Judgment liens against the proper
ty amounted to about $4,000, anu
mortgages to $500.
The case was first tried in thel
December 1906, term of court and
the arguments presented to Judge
Willcockson March first Of this year,
but his decision was not given until
Wednesday when ne found that the
mortgage and all judgments should
be set aside and that the title to the
land should be quieted In Mr.. John
son, which now gives that party the
title to the farm, free from judg-
ments and mortgages.
This case is one OF the most i'm
portant law suits, outside of damaged
suits, which were ever tried in thel
courts OF this county.
At the Rescue Mission.