Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-06-18
FORT VICTORIOUS
N BIG LAND DEAL
GETS DECREE GIVING HIM POS
SESSION OF 100000 WORTH OF
FARM LAND.
IN ADDITION HE GETS
JUDGMENT FOR $4,000
coIbys, the Defendants. Ordered to
Deed Back to Him $50 Acres in
Wright County and Marshall coun-
ty, lhnois-coloys Ordered to Pay
Of Mortgages Put on Farms.

Of Mortgages Put on Farms.
By order Of tie court William ]. Fort
Of this city, comes into full possession
Of almost 1000 acres Of land il Wrigh
county, Iowa, ard Marshall county. l.
linois, Of an estimated value OF more
than 100000. and IS to be given tht
rentals for this land. which amounts 4
approximately $4,000 more.
Such, in brief, IS the decree Of Judge
c. H. Lee. fled in the distric, court OF
Wright county a. Clarion Friday, in The
case brought by Mr.. Fort against Mrs
siary E. Colby, c. II. Colby, 81 a.
Great Victory For Fort.
The victory Is "a clsarcut one FOR
Fort, and most disastrous one for
the Colbys. Nor only did they have e
return Ire land 70 Fort, but they are
ordered 10 account 70 him for proceeds
such as rentals for the land, which the
Co!bys had collected. The costs OF the
case are taxed 70 the defendants.
was involved in the case. but Fort
sui; againsc the owners Of this land,
who are Joha &. Da---en. Ell q
Evans, Albert Eyacs. Walter Canaday,
Mary A C-avens, Albert k.ineoeil.
George B. Dsnnen and u. L. Meickley,
IS dismissed. This removes the posi-
Dility OF c!otzd5ng the title 81 this land
which was bought by innocent I'ur-
chase-s living near Melbourne ard
Green Mountain and in this c!ty.
Brief History OF Case.
A statement OF 3 b-ie< history OF me
case IS necessary 70 a clear under
standing Of the courts decree In
1901 Fort borrowed Of Afa-y Colby and
{, H. Colby. Of Chicago and OBrien
county. 1856 900 AS security For,
gave 10 he CoIbys warranty deeds 70
1855 acres il Dickinson county; SO
acres in Wright county. $40 acres in
Marshall county, Illinois, and 1883
acres II Marshal county.
Suit TO recover the property and for
an accounting was begun n 1908 and
-h4 cas-. came . trial II 1909 az Car
ion !. was For-'s contention that the
warranty deeds we're nothing more
than mortgages On he land, and he
asked for permission 70 redeem Il and
for e general accounting OF rents and
profits from the and and an account
ing for the sales OF land made.
The Colbvs' contention was that the
corveyaaces we're absolute sales BY
Fort and that he had no interest in the
land and no right 70 redeem L
Case Submitted Last Year.
Thu case vas tried and submitted
during the tal! term Of 1909. In Octo-
b,4- Judge I.=e ruled that Fort had The
right 10 redeem The land and was en-
titled 10 an accounting ot The rents
profits and expenses during thu Col
bv's alleged ownership % l. Time was
given D prepare these accouEtinss
After the Colbys got possession mos
Of the land was sold by them, and some
Of Il was mort ged. a mortgage o.
So, 900 was placed on the Wright
COUNTY land, and -raortga &c Of 80, 0ot
was put on the Marshall COUNTY, III
uois, acreage.
Gist Of Courts Decree.
Judge Lee now rules that tle ColoTs
shall, within forty days. deed back Il
Fort the $40 acres IL Wright county
and the $40 acres in Marshall county
Illinois; also thai he shall have tudg-
-nerr against deten daCts for s4,5o5
which represents the amount th+
4 Co!bys have received while they hand
led the land over and above the $780,
600 taey loaned on il. IN addition -
orders the defendants % turn over te
Fort tenarts' rent notes for 1890 foi
the year 1910 On the Wright coun :
and, ard similar notes OF $1,000 for thf
Marshall county, Illinois, land; also an
other note on this same land OF $500.
coIbys Must Release Land.
| Not only did Judge Lee order the
+ Colpys TO act as above stated, bu. ~
ordered them 70 clear the land Of in
debtedness and turn over the leases u
Fort. He rules that the defendants
must pay of $4,000 mortgage put
/ on the Wright county land and mus
also pay off a similar mortgage Of s10,-
600 which encumbers the Marshal
/ county, Illinois, land. This must b
done within forty days Failure TO do
4 the court DEGREES, would result IL
/ judgment for these amounts being en-
tered against the defendants.
| Should the defendants fail to deet
! back the land within the specified tin'
| the clerk o. cne W rlSnl county ulSl
court is appointed a special commits
sioner 20 make the conveyarces- Judg
Lee also rules that the interest on IN
$4,000 loan should be at the rate o
1926 per acre per year.
The victory for Fort is a most not
able and complete ore. insofar as
affects the land unreturned TO him il
Wright county, Iowa, and Marshal
county, Illinois. This land represents
with the other that was involved in tn
suit, the bulk of the estate left b.
Phineas Stevens, of this city, 10 hi
daughter Mrs. w. J. Fort, who, at he
death, bequeathed it 70 her husband.
The s4o acres in Wright county hav
an estimated value OF from $50 to SO
an acre. The $40 acres in Marshal
county, Illinois, are estimated 10 b
worth from 1925 to $3.50 an acre. Fig
uring the Wright county land to
worth an average Of $40 an acre In
total is So, 900. Estimating the Mar
shall county, Illinois land at s135 a