Baraboo weekly news. [volume] (Baraboo, Wis.) 1912-197?, 1912-02-15
JUDGE DECIDES
VE|GRTY QUESTION
Case of Charles F. GreeneY
VS. Mary Jane Greeney
Is Decided.

The case of Charles K. Greeney
plaintiff VS.. Mary Jane Greeney, ct al,
defendants, both parties of Ableman,
which has been in the courts for the
past three years, was brou ght to trial
at the December term and decision
has just been rendered by Judge Ste
vens. The action was of peculiar and
important legal interest, for the reason
that it involved the rights of children
and the protection afforded them by
the law against the manipulation of
persons charged with the duty of pro-
tecting the child's estate.
In 1870 General Argulus Starks died
leaving extensive properties IN Sauk
County. Among the property was a
choice farm which be devised to his
daughter, Mary Jane Greeney, for her
life and at her death to her children,
or the children Of any deceased child,
conditioned that she pay a mortgage of
100000 then existing against the farm
The farm was something over two
hundred acres, and even at that time,
forty years ago, valued at $4,000 or
$4,000. Israel Greeney, husband Of
Mary Jane Greeney was appointed aC-
ministrator, with the will annexed {,
Attorney John Barker, the executor
named in the will refusing to qualify.
Greeney and his wife Immediately
sold smaller farm that they possessed
and with part of the proceeds pur-
chased the mortgage against The farm
involved in this suit. They moved on
to the farm and for 19 years Greeney
neither demanded nor did his wife
tender to him any interest or part of
the principal on this mortage. AT the
end of nineteen years he caused the
mortgage to be forelosed by advertise
ment, by John Barker his attorney,
and within year from the sale took
sheriff's deed. 1t was claimed on the
trial that he then asserted full posses
sion of title to the premises, thereby
acquiring perfect title. Some eleven or
twelve years later he made his will,
devising the farm in question in fee
simple to his wife, delivered the will
10 her and there the matter rested un-
til the death of Mr., Greeney, December
Is, 1907. His will was duly probated
and the farm assigned to Mary Jane
Greeney in fee simple. Shortly there
after the plaintiff, &. E. Greeney, a
child of Israel Greeney and Mary Jane
Greeney, brought action in the Circuit
Court to set aside the sheriff deed
taken by Israel Greeney on the ground
that it was cloud upon his title to an
estate in remainder; and further, tn at
the court decree that his mother, Mary
Jane Greeney was the owner OF life
estate only and her children entitled
to the estate in remainder. The action
was contested by all the defenses of
adverse possession, limitation of ac'
tions and laches, but the court ruled
that the plaintiff was entitled to
Judgment clearing his title to an in
terest in the farm in question and adj
Judging him the owner of one'fifth
interest in the farm, subject to the
estate of his mother.
The action was brought on the
equity side of the court and well illus
trates how equity can reach bach
through half century of wrong anC
restore parties to their original rights
long after their legal remedies have
been lost.
| Attorneys BENTLEY, Kelley and Hill
of Baraboo appeared for the plaintiff
and Attorney A. J. Gemmill for th'
defendant.