The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-05-11
GETS MONEY BACK.
Mrs. Sarah Thornburg, Who Lost in
Mining Deal. Gets Judgment.

The time in district court this morn
ing was mostly occupied with the an
nouncement by Judge Dana of his rul-
ings on motions and demurrers and
announcing his rulings the judge de-
cfded case in equity that is not with
out especial interest. 1t was the case
of Sarah A. Thornburg VS.. the Paris
Coal company and S. S. OFT and wife.
The judges decision, which was full
of wise saws. sarcasm and justice, was
for the plaintiff. According to the
courts sum up of the case there
were three men living here last sum-
mer who owned a Denver gold mine.
Their holdings were composed princi-
pally of blue sky, but nevertheless, on
paper, they were the proprietors of an
alleged gold mine. They had no money
with which to promote their scheme,
son with plenty of money and little
wisdom to help them out. They found
Mrs. Thornburg, the plaintiff in this
case, and induced her to put up $500
to further the interests of this gold
mine. She gave them the money and
they gave her a receipt for the same,
and later secured 81 900 more from this
,philanthropist. In return they made
her a partner in the enterprise, con-
ferring upon her one-fourth interest in
from Mrs. Thornburg was used pre-
sumably to pay printing and post
age bills. Finally the male members
of this quartette, without the know
ledge or consent of the woman, who
had alone put money into the scheme
unloaded the mine on to some persons
of that class that are supposed to be
born every minute for tract OF land
located in Missouri. This land was
transferred and decided back and forth
and across until finally the Swift fam
lily living in Missouri, held the title
for a part Of it and S. s. OFT of this
city was vested in the title to half
interest, held by him, however, as trus-
tee for other parties. Mrs. Thornpurg
was left out in the cold. She brought
suit in equity to force Mr.. OFT to deed
to her her rightful one-fourth interest
in this land. The defendants claimed
that as the land was located in Mis-
souri and that the Swifts, interested
parties, also lived in Missouri, that the
Shawnee court had no jurisdiction in
the matter (Swift was one OF the
three men who promoted the mine IN
the first place.. Judge Dana held, IN
in which he quoted a California case
and an example from the courts OF
england exactly similar, that the Wo-
man had the right to bring suit Wnere
the deed to the property in question
| Was located If she went over into
| missouri where the land was located
and the dwelling place OF the Swltts..
She would be in as bad shape, II
| not worse than the defendants cialm-
cd she was in here. The deed Tor
GU sba sought title would then be
, Wnife so over sin in Kansas. The Judge
ordered ordered the trustee. Mr. OFT; TT to deed deed
to Mrs. Thornburg a 9ne.tour. ra, mice
oct in this land, without preJuuice'
b hs to any other parties interest
ed ali of whom were still entitled to
their day in court The moral saot pe hieh
10 don't buy gold mines for hundred
do,lars from wildcat promoters
Tn nassing upon a demurrer enter
| cd nv attorney for Gilmore, the con-
tractor. in his suit against the city
for pay for a sidewalk; the Judge age held held
oaainst gilmore for faulty construction
of the Fifth ward sewer should enter
into this matter. In other words the
sidewalk claim of Gilmore asalnst the
citv should not be settled until the
citys claims as regards the Fifth ward
sewer were satisfied in some way.