Omaha daily bee., 1910-04-07
JUDGMENT AGAINST JOSLYN
Judge Sutton Gives Mrs. Kiplinger
Share in Castle" Site.
OLD DECREE Is SET ASIDE
Confirmation of title Gained by De.
PENDANT In 1893 by suit Against
CharIes ID. sutpheR and
His Children.

The second law suit in district court over
the five-acre tract on which the George A.
Joslyn castle" stands went against Mr..
Joslyn yesterday. A decree In favor of
Mrs. Gladys IL. Klplinger was given by
Judge sutton late in the afternoon.
What the court did was to set aside a
judgment granted by the district court In
1898 wherein title was confirmed in Mr..
Joslyn as against the rights in the property
Of Charles d. Sutphen and his three chill
dren, Clinton Joy Sutphen, Gladys Sutphen
and Earl Sutphen. This 1893 suit is the
one. which followed the deal between Mr..
Joslyn and Charles u. Sutphen, according
TO which Mr.. Joslyn traded in the Kountze
Place residence and a cash addition in
return for title to the five-acre tract
where the castle now stands.
The first suit to vacate this judgment
was brought In behalf Of the eldest child
Of Charles D.. sutphen. Clinton. District
court ruled adversely to this IN February,
on the ground that the plaintiff had not
brought suit within one year after attain
ing his majority.
The upshot Of the Mrs. Kiplinger suit
seemed certain yesterday, when Judge SUIT
ton announced that he would follow the
ruling Of the three judges who sat en- banc
on the clinton sutphen suit on all points
except as to whether Mrs. Kiplinger's case
was started in time. The evidence of the
first suit was submitted according to stipu-
lation and save as to Mrs. Kiplinger's
testimony about her age there was no new
evidence.
Attorneys for the defendant fought to
have interpreted the state law on pro-
cedure Of minor children in vacating judg-
ments with respect to them, as being neces-
sary within one year after coming or
age" TIL statute says within one year
after having reached the age of q years
1t was commended that in the case OF female
children eighteen years would be meant,
but it was shown that the law making
women OF ags at IS was first passed by
the legislature, and could not therefore be
held to have subsequently modified the
otheS law on procedure.
Mrs. Kiplinger can now bring suit to have
title confirmed in her in one-sixth of the
tract and with the district court having
ruled as It has with respect to the law
there is every likelihood Of victory. Insofar
as district court is concerned this proceed
ing in Mrs. Kiplinger's behalf will be
rather formal. So likewise with respect
to suits in behalf OF Earl sutphen, the
third child.
Ane CllntOn Joy Sulpnen suit IL III lhS
supreme court and a mighty battle is likely
there on the ruling OF the district court.
Mr.. J~oslyn's attorneys hope to upset the
district court all along the line and the
other side has equally high hope that
Clinton Joy Sutphen can be made to stand
on an equality with his brother and sister.
1t Is uncertain as yet whether the Sutphen
heirs can assert title to one-third each of
the tract or to one-Bixth. Mrs. Emily
Sutphen left half the tract to her husband,
with remainder to their son, and half to
the son, with remainder to his heirs, who
are the present contestants.
1t is said to be not unlikely that in the
final result it will be held all the way
through that Charles Dewitt Sutphen, son
of Mrs. Emily Sutphen, gave title to Mr..
Joslyn for one-half the tract, which will
give Mrs. Kiplinger and Earl Sutphen each
one-third OF one-half, or an undivided one
sixth each in the tract. On the assumption
that the supreme court ultimately upholds
the district court, the result predicted by
those in touch with the case will be that
Mr.. Joslyn will buy Of the two their inter-
est in the tract.