The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-09-23
Trouble Looms for Seventh and
Jackson Project.
Former Owner of Lots Charges
E. H. Crosby With Fraud.
STRAIGHTEH OUT MATTERS
Crosby Says All Transactions
Have Been "CIean."
"HOteI Will Be Built on Site
Without Delay"

Another mountain of trouble loom
ed for Topeka hotel projects this af
ternoon when william E. Hahn, a resi-
dent of New York state, brought suit
in the United States district court in
Topeka to set aside transfer OF lots at
Seventh and Jackson streets which
had been decided to E. H Crosby. The
bill in equity alleges use of fraudulent
device, false representation and de-
ceptions in carrying out of the con-
tract. Hahn seeks to have a deed to
the property set aside and the entire
deal involving the proposed Burrow-
Crosby hotel site wiped out.
In his bill of equity Hahn asserts
that the option for the lots at Sew
enth and Jackson streets was given to
Crosby on March %, this year. That
was several weeks before the cam
paign was launched for subscriptions
for a hotel on a site to be selected by
a disinterested committee. The op-
tion was for ninety days with privi-
Iege, it is declared, of buying the lots
at $4,000 subject TO leases and con-
tracts involving rentals.
Before the ninety-day lease expired
Hahn at the request of Charles 5.
Elliott as agent for Crosby, extended
his option thirty days. He states that
the extension was subject to the same
the original option.
Deed Delivered to Crosby.
Before the second option period ex-
pired Crosby is declared to have given
notice of his intentions to purchase the
lots at the contract price of $4,000.
Hahn asserts that upon receipt of this
notice he executed a deed to Crosby
and sent to Mrs w. H Fernald of
Topeka. 1t was to be delivered upon
payment of the purchase price.
Final transfer made made July 26.
At that time W. H. Fernald-as agent
for the plaintiff received from Crosby
the $4,000 purchase price and de-
livered the deed. The money was de-
posted in the Merchants National
crosby Brought Action.
Immediately upon the turning over
of the deed, it is charged, the docu-
ment was recorded with the register
of deeds. AS soon as this procedure
was disposed of, it is declared that
county courts by Crosbys attorneys
10 recover from Hahn $4,000 alleged
to be due upon the basis of false rep
reservations to the purchaser. The
$4,000 in the Topeka bank was at
tached and held up on the charge that
the property was to be delivered free
of all leases and subject to immediate
possession.
Charges Deception.
Hahn alleges that fraudulent repre-
sentations were made and deception
and duplicity practiced in manners
set out in the petition in an effort to
secure possession of the deed which
was promptly recorded. This action,
it is declared, was for the purpose of
defrauding the plaintiff out of said
property. or a large part of the pur-
chase price agreed to be paid by the
defendant therefor.
Your petition further states,
continues the bill in equity, that the
possession of said deed was secured
from the plaintiff and his agents thru
the fraudulent device and means above
set forth. and in no other manner;
and that there was no actual delivery
of said deed by the plaintiff to the
said defendant; and that the said de-
fendant has wrongfully and fraudu-
lently and to the great damage of this
plaintiff, secured the actual possession
of said deed. and is wrongfully
fraudulently claiming to be the owner,
and entitled to the possession of said
premises
It is asserted that under the condi-
tions actual transfer was not made
and that the court should set aside
deed to the property which was pro-
posed as a site for the new hotel
straight" Says Crosby.
This whole thing is straight and
clean as a lound's TOOTH" said Crosby
when asked for a statement regarding
the case. when we found that there
were Irregularities and that some of
the occupants of properties were in
clined to be obstreperous, we natur-
ally took action to protect ourselves.
We were to have the property clear
of all encumbrances and naturally
would look to Mr.. Hahn to clear the
title"
Mr.. Crosby said he would not state
positively just the time after the
deed was delivered when difficulties
were encountered and action taken
to attach a part of the purchase
price. He stated that, in his opinion.
the entire matter would be straight
ened out and that the hotel would be
built on the site without delay.
Charles S. Elliott, he said, repre-
sented Hahn in the transactions and
not the purchasers.