Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1915-01-21
4 VERDICT FoR o. /. rHIsLER
died Mother Out Of $500

The jury in the case of Mrs. Nancy
| "a. TaylofsSs. o. L. Thisler, IT" re-
turned q verdict for the defendant
this afternoon, The special findings
| ali were answered In favor Of the
defendant, the jurors declaring that
lMr. Thlsler did not represent the
Hand, rs 100 acres, but sold It as
"150 acres, more or less" as the
deed so states.
: That Mrs. Daisy Wibking OF
Junction City swindled her mother
mrs. Nancy e. Taylor. also OF juno
ltion city, out Of $500 was the
leharge made at a session Of district
court last night by attorneys for
Iotis L. Thisler, Jr., OF Chapman
I'm the suit brought by Mrs. Taylor
AGAINST Mr.. Thieler. Mrs. Taylor al
LEGGED that she bought what she
Thought was a 150-acre tract OF land
lnear Chapman, paying therefor $loO
an acre; later, so Mrs. Taylor al
LEGGED, she found the acreage to ne
Ishort of $50 and that part OF the
land included in the deed which
was transferred TO her was owned
Iby the heirs of Timothy Ryan ana
lanother part was the Union Pacific
fright of way. Mr.. Thisler's defense
Twas that he did not know the exact.
acreage. that the deed had read
"150 acres, more or less" for many
4 vaars back, that he had neved rep
,iresanted the land as containing l6O'
.]acres,
4 Testimony OF Mrs. Taylor ana
Thar daughter, Mrs. Wibking, brought
Itotli&ht the fact that Mrs. WiDking
dAade commission Of $500 by the
Ideal, Mrs. Taylor, SO she admitted,
icaRnSt manage her affairs capaoly
ifhstsSif. and has relied upon her
u daughter. Before the farm was
\ purchased, Mrs. Taylor and her
SIdAuEhter went out one day to look
latyit. Her daughter, Mrs. Taylor
said, was eager for her to purchase
tithe land. "I wanted a farm some
4 where Mrs. Taylor said, and 20
she agreed to sell a mortgage which
she had on Junction City property
for $4,000. In addition, her testi-
mony shows, Mrs. Taylor sold a
1 cottage in Junction City to her
lIdaughter for $4,000. Mrs. Wibking
paid her mother $1,000 cash, paid
Arthur Boles, the real estate agent
who made the deal, 500, and then
!. told her mother that she had ad-
vanced to Mr.. Thisler $500. Mrs
! TAYLOR. 1t seems, was uncertain as
Ito Just what the farm would cost
. and until recently believed that
: IL was to cost $40 an acre which
would make the total price $4,000
: the amount of the mortgage PLUS
$500. Mrs. Wibking under cross
: Examination admitted that she die
not advance to Mr.. Thisler the
{. IS15O0, but kept 1t herself.
Mr.. Thisler's attorney put the
: burden Of responsibility upon Mrs
! LWibking for any misrepresentation
: lie there was any, as she was her
mothers agent and had made con-
,tinued Inquiries about the farm
THE defense offered the testimony
: LOT Mr.. ThisIer and Mr.. Boles TO
show. that the tract had not been
represented as containing an exact
y $50 acres, but that the deal was
made in lump sums, the $l5,0OO
mortgage for the tract of land, "lbO
acres. more or less" The land was
not surveyed at the time of the
sale, and Mrs. Taylor did not know
:" that 1t was less than $50 acres un'
til Mr.. Mcdonald, her renter, found
u when planting time came around
l. that he was paying rent for ISL
. acres and farming less. The survey
II was made and it, was found that the
II farm comprises only 191 acres, in
three parts.
% Mrs. Taylor is loath to believe
that her daughter swindled her, al
: was charged, and Mrs. Wibking her
self makes emphatic denials that
she defrauded her mother, though
she admits getting the $500. A
suit filed in junction City against
Mr.. Thisler, naming the purchase
price as $l6,5OU, was afterward dis
missed, and Mr.. Thisler's attorneys
contended that when the suit wal
brought Mrs. Taylor thought she
|, had paid $16,5OO for the land and