Evening journal., 1921-12-21
LAWYER TELLS OF
DISPUTED deed
Lilburne Chandler Relates
How Change Was Made
In Paper
LOANED MONEY, GOT
HOUSE AS SECURITY

Lilburne Chandler. attorney. who
appeared in City court yesterday to
press a charge OF breach Of the peace
against Mahlon b. Foster. today
made the following statement re-
garding a deed to a Thatcher street
property. which figured in the tesu-
mony In the case:
ION September .. A. d. 1905,
Mahlon b. Foster requested me TO
make a title search Of house and
lot No. 14OS Thatcher street, and
on September IA, A. ID. 1905, l re-
ported TO him the title thereof was
good. fee simple. and on the same
/ day. at his request drew a deed FOR
him or said house and lot from
/ Margaret Daley. widow. leaving the
space for the Grantees name blank.
also at Fosters request Foster.
/ then and there. took this deed and
left my Office. He afterwards. on
! September 16. a. ID. 1905. returned
TO my Office with the deed duly sign
ed by Margaret Daley. and acknowl-
edged by her. before Edmund S.
Hellings, Notary Public.
Between the 18th and 10th OF
September aforesaid. the name OF
Fosters wife or his brother had
been filed in the deed by Foster him
self on this visit he requested
from me a loan OF $500, offering a
note dated July 16. A. ID. 1905, at
four months time. drawn by Arthur
L. Foster. and indorsed by Frank b
Foster, and the said Mahlon b. Fos-
ter at the same time offering the
deed aforesaid of No. s140S Thatcher
street as security. 1 finally agreed
TO the loan. Thereupon he, Mahlor
3. Foster. himself erased the nam'
OF his wife or brother as grantee o
this deed. and at his request, and IL
his presence. I wrote my name owe
the erasure. Then, al my demand
he. Foster. had Mrs. Daley agree e
the substitution OF my name a
l grantee OF this deed before Edmund
, S. Hellings. notary public. Septem
Der 16. A. d. 1905. 1 gave Foste
b. the $500, less fees for searching It'll
p and drawing the deed. and for ser
y vices rendered In a chancery suit
II and. with Fosters consent, the dee
r was recorded on the 18th day o
1 September, A. d. 1905. I gave Eos
ter a receipt for this deed. said re
- ceipt containing a promise on m
-. part that he could redeed This prop
erty, deed 10 be made TO him or &
his appointee upon the payment &
? me OF the said sum OF $500. provid
= ed he should pay the same and re
deem the property within one yea
. from September IS, 1905.
/, when this note OF $500 fell du
:, on November Is. A. D.. 1905. Eos
ter requested a renewal and offere
10 me a new note OF his brother fC
- 500 at four months time and h
+ brothers check for 5000. At his r,
q quest I deducted the 500. the di
n ference between the 500 and $50
, notes; ALSO deducted s1446 interei
(. on said note and gave Foster m
N check for sS5.54. making up IN
IT said 5000, amount Of his brother
81 check. This note OF 500 and tn
check Of 5000 went 10 protest
Il still have. unpaid. this note
500 and this check OF 5000. Fost,
never lfuttHAtu tie lIoltIllt ntN'
q made good the note or the chec
~ and never returned 20 me the sS5.l
Nor has any one done so for hir
l- At considerable expense. the rem
Y not being sufficient under the-ths
~ conditions Of the property. vi
compelled to. and did. spend lari
~ sums Of money In excess Of the ren
J, OF this house 10 put the property
rentable condition. He has en-
"A ployed three prominent attorne
- OF this city in kis behalf 70 inte
lie oview me to try 10 force me to pi
he certain rents OF this house. The
We attorneys. after an investigation
he my books and papers. have each al
n all informed me that I am rigl
OF and that they could do nothing. al
ce would not do anything. for Mahl
b. Foster under the circumstance.