The log cabin Democrat., 1921-04-12
SAYS FRAUD USED 10 OBTAIN LANDS RING" OPERATESWIDELY Biytheville Man Victim of Alleged Combine-Erbache Files Much
 Involved Case.

organized ring" of Memphis and Blytheville men who obtain lands through the practice of fraud, are contained in the suit filed in chancnry court today by c. G. Smith of Blythe vile against Ed Garner and w. C. Muchanan of Memphis and M. F. McWhorter, J. F. Lyerly and J. NJ. Buchanan of Blytheville. In brief, the plaintiff alleges that by obtain ing possession of practically valueless land in Chicot county and setting thereupon fictitious value through d series of equally fictitious notes given in an alleged sale, the defendants ob- ner county and left him with one of the notes, which he alleges were later found to be worthless.
 The system by which his lands were taken is narrated in the con- plaint as follewe: Smith owner cer- tain lands in Faulkner county prior to October 30, 1920. McWhorter repre- sented himself as owner of land in Chicot county, and it is claimed he deeded it to Garner for consideration recited in one place as S7,300 and at S6,100 in another. The cash trans ferred was $500 and two series of notes were given. The second transfer was to Lyerly, a share cropper near Blytheville, who executed notes to Gar ner and secured them by a vendors lien on 100 acres of land near Os- ceola. At this point, Smith alleges that the "ring" was ready to approach him and obtain possession of his good land in Faulkner county.
 Smith claims that Garner displayed Lyerly's note for $1,000, secured as just stated J. M. Buchanan was also present and vouched for the 100 acres as high land, dry and covered with virgin timber. Buchanan also claim ed acquaintance with Lyerly and vouched for him as worthy citizen and worth the value of the note. Smith asserts that he admitted his lack of knowledge concerning land values and told Garner and Buchanan he would rely upon their judgment. In exchange for the $1 ,000 note, he deeded them his land in this county,
 Then came the time when Smith had his eyes opened. When the note fell due, Smith made investigation and found that the and was in Chicot, not Mississippi county, that it was prac ticallv worthless and that the note had the same value He also alleges that Garner subsequently, transferred the Faulkner land formerly his to Lyerly for a consideration of S4,500, accepting S1 ,0O0 in cash and five notes ranging in amount from $325 to $1,- 900.
 The plaintiff prays the court to is sue an order restraining Garner and Buchanan from selling the notes giv- en by Lyerly, and the restoration of the Faulkner county land to him. He also asserts that Garner and his as sociates have practiced the same fraud in other cases, which have come to his notice since his dealings with them.
 A chancery court action involving many complications was filed by Ed Erbacher against Morgan Crout, the Federal Land Bank of St. Louis, E. H. Coulter and Mrs. Byrd P. Coulter, which also alleges incomplete des- cription of land in the official record ing of one of the mortgages enter ing into the suit. MT. Erbacher as serts that on February 16, 1919, Crout owed him $850 secured by mortgage on 240 acres of land. The note was due in three years and at the time the suit was filed, had ac- crued interest until the total was S1,- 14959. Advances to Crout subse quently brought the total indebtedness to S1 ,558.66
 The second move by Crout, the con- plaint alleges, was to mortgage the same 240 acres to the Federal Land Bank of St. Louis, of which E. H.. Coulter was agent, for $l 600 and for $1 300 on second mortgage. Crout then sold a part of the tract to Coulter for S1, 300, accepting his two notes for $75O each. Erbacher claims these transactions were carried through without his knowledge
 Incomplete description of the land
 first mortgaged to Erbacher has a bearing on the case, according to the plaintiff, On the original mortgage
 the description reads: "The nortF one-half of the northwest quarter
 section 26, township ,, north range l4
 west and inc northeast c1p-0uar+C, oi
 section 26, township ,, north range II
 west, containing 240 acres more O,
 less" On the official mortgage re
 cord, the description reads: "Tht
 north cne-half of the northwest quar
 ter section 26, township } north range
 II west, containing 240 acres more or less" This mortgage was record
 ed February 19. 1916. The plaintiff
 alleges he was unaware of this omis