Alma record. (Alma, Mich.) 1878-1928, 1914-08-27
NONI|GEL. NALDREII
JUDGEMENT ISSUED
Continued from page one

Luce county, he was approached by
several different men who wanted to
buy the timber upon his land and also
the timber | had sold to him, as well
as that upon other lands that had
been taken about the same time. Not
coming TO any agreement with these
men who were, as | understand, tim
Der jobbers, some warm words arose
between them and they went away
with the remark that they would fix
him. At this time the patents had all
been received and recorded in Luce
county.
Soon after this alteration, some
one made complaint at the title land
Office that we had not complied with
the law in making our location and
proofs, and the land Office sent out
agents over the country to make an
investigation, which resulted in the
United States commencing action
against us by filing a bill of complaint
praying that the patents be annulled,
alleging fraud in that we had not
brought our families to live upon the
lands.
Prior to the filing of this bill of
complaint Mr.. Naldrett, obtained
loan from one, Isaac Hewett, of Ma
pie Rapids, giving to him quit claim
deed, not only to the land he had To-
Gated and for which he had a patent
but also the timber which he had pur-
chased from me. This loan from Mr..
! Hewett, know nothing about, Meth
er did ever know or see Mr.. Hewett,
and in no manner whatever had | any
thing to do with it. | never even knew
that Mr.. Naldrett had made the loan
until after the decree was made in
the case above referred to.
When the suits were commenced,
Mr.. Naldrett employed w. A. Leet,
then of Ithaca, to look after his in
terests, and knowing that | had sold
my timber, and never thinking for
a moment there was anything wrong,
or that the patents would be set aside,
did not employ an attorney, but left it
all with Mr.. Naldrett and Mr.. Leet.
| was not at the hearing but had /
known of the lien of Mr.. Hewett upon
I
the lands for money that had been
loaned by him to Mr.. Naldrett,
should for the further proection of
myself, have employed an attorney to
represent me in the matter. The re-
suit of this proceeding was, that the
patents were set aside, but it was de-
creed, that inasmuch as Mr.. Hewett
was an innocent purchaser, or mort
gagee, Git was held the quit claim
deeds were mortgages in fact to Sc
cure him for the loan) his lien would
hold against the lands.
After this decree was made, which
took from Mr.. Naldrett and myself the
title of our lads, / paid back to Mr..
Naldrett, the money he had paid me
for the timber, as | felt obliged to do
under my covenants of warranty.
Remember that when we made our
final proofs for the land we paid the
government $1.25 per acre, which the
government retains after setting aside
our patents, on the theory that where
a fraud is committed none of the
money paid in the commission of the
fraud can be recovered. But also re-
member, that while the decree taken is
upon the theory of fraud upon the
government, yet such thing was the
fartherest from my mind at any time,
and even when l first went to Luce
county, / wanted to be certain that |
was right and could take the land
without bringing my family upon it
and thus the reason ! went to the
county clerk of that county who had
experience in those matters and Sc
cured the information aforesaid. Re-
member also, that so far as the loan
from Hewett by Naldrett was con-
cerned / was absolutely without any
knowledge of such loan, never had
one cent of the money, and didn't even
know about it until it was brought in
court and then didn't know about it
until | learned the government had
succeeded in setting aside the patents,
but Notwithstanding all this / now
have a judgment against me and
which also runs against Mr.. Naldrett
as well, of SS,405.19.
For the purpose of removing the
cloud from the lands in question oc-