The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1908-05-07
HAVE, HOWEVER, GIVEN
QUIT CLAIM DEEDS
Judge McMahan's Decision of Few
Days Ago Brings to Light Inter-
esting Circumstances - History
Dates Back to Period Following
Close of Civil War.


Had the heirs of Richard K. Swift
realized the meeting of Gary two years
ago and retained their interest in the
real state UP to the present time in
stead of selling out without question:
Ing their claims, they would today. be,
according to Judge McMahon's decision
at Crown Point last Tuesday, the hold
ers of one-third of the real estate in
that part of Gary which was formerly
known as. the Patch and which is
now bounded by Broadway on the east
the Michigan Central railroad, on the
south and the Wabash on the north.
comprising in all 20 acres rs17o lots.
Some Of these lots have sold for as
much as $4,000 each
As the case stood before the trial.
ECharles I. Surprise of Hammond was
lgiven a deedsto the land by the heirs
land he IN turn has given quit claim
deeds to-the- pu1nRasaras stak the land II
was In preparation for this suit that
the famous trip Of Attorney d. ]. Moran
was necessitated, he having covered
half of the western United States from
Washington down to Texas to find the
heirs and get dispositions from them
relative to their claims
BY Judge McAGahan's decision of last
Tuesday the Swift heirs receive $1,000.
or one third of $500, the appraised
value which the Gary and Western rail-
road payed into court on one of the
lots in their right of way
History of the Case.
The facts of this suit are as follows.
In 1868, one Richard K Swift who
was prior thereto a famous banker in
Chicago. and who had also been a
prominent officer in the Civil war was
adjudged bankrupt, and the assignee in
bankruptcy thereafter sold the inter
ests of Swift to Aaron N Hart one Of
Lake county's pioneers. AS the law
stood in those days the wife of the
bankrupt had an inchoate interest in
the lands of her husband and adiudi-
cation in bankruptcy was deemed 10
be judicial sale. and as Mrs Swift
ultimately survived her husband who
died about in the year 1888, the inter-
est of the wife became consummate
After the Swifts went into bankruptcy
they moved into Missouri, where they
both died leaving three heirs
At the time of the stockyards boom
in Gary, the tract of land in question
was bought up and plated and the lots
sold to many purchasers.
When the Gary boom came on a
number of Hammond people made large
purchases of lots in this tract.
Bowers Investigates.
John o. Bowers was the first to oues-
tion the title despite the fact that at
ltcrneys in looking over the abstracts
Q. KID them. He made an effort to
locate the Swift heirs and for long
time was unsuccessful. Finally they
were located in various parts of the
United States and Attorney D. J. Moran
as representative of the owners of large
numbers Of lots made his extensive
trip throughout the western half of
the country in an effort to purchase
their interests and deciding them tn
Charles Surprise. He was successful in
finding the heirs and while the land
: was decided to Surprise, the latter was
practically the trustee by argreement
on the part of the local dealers. Sur
prise's name having appeared on the
record he executed many deeds to the
Gary and Western railroad with the
exception of one lot which was claimed
by Ernest Graham as grantee of the
original platters Of the tract This lot
, having been appraised for $1,000 the
question arose as to who should re-
ceive the money and it was this suit
that was tried in Crown Point.
The question of abandonment and adj
verse possession were raised but the
court decided that the Swift interest
was valid and divided the award ac-
cordingly one third of the award being
given to Surprise.
Precedent for Owners.
T; This decision establishes a precedent
/ which if adhered to hereafter will give
0 the owners of this interest valid
(; claim to one-third of all the 10 lots
in this tract.
The various attorneys who appeared
lin the prosecution of this claim in it's
/; various stages of history were John
10. Bowers. Dan J. Moran. Frank N.
Gavit, A F. Knotts William ]. whin-
cry and Otto ]. Bruce and Fancher and
lPattee. :