The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-08-02
|NEWBERRY TRYING
TO REGAIN FARM
Former welI-to-do Lee County Man
Files Action 80 Recover 1889
Acres, Decided for Mer-
camille Business.
HIS REASONS SET OUT
Hs Claims in Petition That Repre-
sentations Made Were Fraudu-
lent and Asks Courts
Judgment.
HIS REASONS SET OUT

l w
seven pages filed in the district court
here today by o. O. Newberry, g.
former well to do land owner Of Lee
! county, against Walter I. Nanny, John
B. Conner and Dan Rariden. Mr..
lNewberry In his petition fled by his
attorneys, HOlsteen and Hill of Bur-
lington and F. o. Hutton OF Bloom
field, asks that the warranty deed
conveying his farm of 1,1S9 acres be
rescinded and that the title be for
ever Quoted In him; he asks Tor an
| accounting from the defendants for
the land, and on this accounting that
the court award him judgment; that
the defendants be enjoined and re-
strained from disposing o. all or any
part OF the land acquired, and for
other relief
The petition sets out that Mrs.
Helen v. Newberry, wife Of the plain.
tiff, finding that they had lost their
farm, brooded over the matter and
that she became Ill and >died as a
result. Plaintiff sets out that through
| the alleged transactions recorded in
the petition he has lost all Of his
farm in Lee county. and that 1t is
being occupied now by DaI. Rariden.
one OF defendants, and that he has
reason to believe that the defendants
are endeavoring to dispose OF the
holdings.
| The First Transaction.
On April Is, 1913, and prior there
to, according to the petition on file
today, plaintiff was the cwher OF a
| certain farm in Lee county compris-
ing. 1889 acres. Defendant Walter /.
Nanny, 1t is alleged in the petition
represented to plaintiff that he owned
a certain mercantile business which
was located at Mt. Sterling, Ill. ana
which would invoice at $4,000 and
that the stock and good will would
sell at forced sale any time for this
amount. Thii representation. plaintiff
alleged in The petition was fraudu-
jlent, and that defendants realized
this.
4 Plaintiff was induced, he alleges in
paragraph three, to make q trip to
the Illinois town and was introduced
to John B. Conner who represented
that the good will and the stock Of
, the goods was worth $4,000. Plain
TIL alleges that defendants knew he
was not familiar with mercantile bust
, ness and that they induced him and
his wife Helen v. NewberTy, to enter
into a written contract for the ex-
and that the deed was made.
The Texas Land Trade.
It is further alleged that the plain
tiff was told that certain D. A..
Haws of Decatur was the owner of
, land in Texas which was worth $25
lper acre, the land amounting to $40
acres. Plaintiff alleges that he was
persuaded to trade his stock of mer-
chandise for this Texas land. When
, he went to have the deed properly
, recorded he alleges he found that
Haws was not the owner CT the land,
but that D. w. McWilliams was.
AS result, the petition sets out,
plaintiff has nothing left and has COM
pletely failed. When plaintiffs wife
Learned the truth, she became i'll and
died, the petition sets out in another
paragraph.
Plaintiff alleges that he has rea-
son to believe that the farm is now
being rented by Daniel Rariden, and
,, that defendants are trying to dispose
of the farm.
What He Asks.
For these reasons plaintiff asks the
. court that the warranty deed be re-
Z scinded and that the defendants be
required to form a reconyeyance of
the 1,189 acres Of farm land and that
! the title be Quilted in plaintiff.
, That the defendants be required to
, make an accounting of the income
, | from the land.
, That the defendants he restrained
: and enjoined from conveying or at
: tempting to convey any or all Of the
land.
r That Rariden be enjoined from pay
: ing any rent or money for land with
5 out consent of plaintiff AID court.
That writ of attachment issue.
: Attached to the petition are several
: exhibits. F. O. Hutton, attorney for
plaintiff, was here today looking up
{ some records in the mater. The firm
which represents Mr.. Newberry had
, charge of the prosecution of the
Metz Brothers in the federal court
two years ago in a horse trading
case in which the Chicago men were
: found guilty.