The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1919-09-25
ESTATE OF FORMER
LAKELAND man
INVOLVED IN AN
INTERESTING SUIT
Gainesville News)

In the County Judges Court there
is on trial one of the most interesting
cases of the year, it being that of N.
G. Wade, ST., and N. G. Wade, Jr., VS.
DR.. Eugene Clover, an action in un-
lawful detainer and involving one Of
the most magnificent farm properties
in the State. Saturday afternoon, an
application for injunction on the part
Of the defendant to restrain the Coun-
ty Judges court hearing the case, was
argued before Circuit Court Judge ].
T. Wills and the same denied. This
prelude Of the case was fought out by
Attorneys H. L. Anderson of Jack
sonville, and Robt. E. Davis, of this
city, representing Wade ct al, and
Hampton & Hampton, representing
Clowers ct al.
N. G. Wade, ST., and N. G. Wade,
Jr., are the surviving heirs of a firm,
the style of which was Wade, Clover
and Wade. DR.. Eugene Clover bas-
es his claims in the suit around his
rights as an heir to the interest in
the lands as held by M. d. Clover,
now deceased. The firm of Wade,
Clover and Wade, purchased the
lands in question in 1915 and are said
to have expended something like
$4,000 in improving the same and
stocking the farm, which is approx
mately 1000 acres in size. M. D.
Clover died in the year 1916, leaving
no will and the Wades claim their
rights and responsibilities as being
the administrators of the old firms
affairs, hence the suit in the illegal
detainer action. Attorneys state that
this case is one of conspicuously
rare sort in Florida court procedure
and is matter of Statewide import
ance.
DR.. Eugene Clover, a brother Of
the deceased, M. D. Clover, came tt
Florida, it is said, representing thu
heirs Of his brother and has worked
the farm for about two years.
It appears that by the death of M
D. Clover the law considers that thu
firm was dissolved, but because tn,
same firm had an unfinished contrac
to build a line of railroad for the AT
lantic Coast Line from Sebring, on thu
Haines City branch, to point in LIE,
county, the business of the partner
ship could not be wound up at tn
time M. D. Clover died. When tn
railroad contract was completed, it
claimed, the company owed debts an
it became necessary to sell the farr
to pay the debts of the concern, MI
Wade ST., and Dr. Clover, it is sale
made offers on both sides to buy Q
sell the farm at about 100000. Di
agreement arose over these negotia
lions and when they could not agre
the two remaining partners asked D
Clover to give over to them posse
sion of the farm. DR.. Clover n
fused to do so and the action of u
lawful detainer was begun again
him last Saturday.
DR.. Clover applied to Judge Will
for an injunction to restrain IL
Wades from trying the unlawful d
tainer proceedings. Judge Wills I
fused to grant the injunction al
the case is on trial before Coun
Judge B. d. HERS, and the legal que
lions involved in this case make
unusual and interesting.
Are the surviving partners entitl
to possession of real estate belongi
to dissolved firm as against t
heirs of a deceased partner?
Or does the right of possession
main in the heirs Of the deceder
seems to be the questions in gener
while others are:
Can heirs-at-law defend again
surviving partners claiming posessi
of real estate belonging to dissoly
partnership before there has been a
administration of the estate of
10 deceased partner?
; The plaintiffs as survivors ella
= that until the firms debts are p
tba bo;re of a daoaosad ,,ortyor h.