Evening Republican, Volume 19, Number 98, Rensselaer, Jasper County, 26 April 1915 — RAUB-LEMON SUIT OF INTEREST HERE [ARTICLE]

RAUB-LEMON SUIT OF INTEREST HERE

Appellate Court Reversed Judge Hanley in Case That Attracted Considerable Attention. Monticello Journal. The celebrated Raub-Lemon case between Chas. Raiib, of Chalmers, and Thomas Lemon, of Reynolds, which was appealed some months ago to the state appellate court from the local circuit court, where the case was tried by Judge Hanley, of Rensselaer, has been decided in favor of Mr. Raub. Palmer & Carr have looked after Mr. Raub’s interest in the case, which has attracted a great deal of attention among local attorneys, owing to the many intricacies and technicalities ingratified over the decision in their favor by the higher court. The higher court sums up the case in the local court as follows:

8509. Raub vs Lemon et al. White C. C. Reversed. Suit by appellant to quiet title. At close of plaintiff’s evidence the court instructed to find for defendant. Thfe plaintiff’s evidence" showed deed to appellee and immediately conveyed to appellant and a contract for sale from appellant to appellee contemporaneous with deed from appellee to appellant, and appellant also offered later contract reciting among other things, the recission of contract of sale. The deeds were recorded, but the contracts not. The trial court held the contemporaneous contract made the deed a mortgage and that the contract of recission could not operate to make the deed convey title. The case is decided and controlled by the opinions fn Wilson vs. Carpenter, 62 Ind., 495, and Ferguson vs. Boyd, 169 Ind., 537. The court gives an extended discussion of deeds with separate contracts for repurchase, but follows in many ways the two cases above cited. • The details of the events which brought about the case are many and multifarious. It seems that Lemon, backed by Raub, bought a tract of land, Raub furnishing the money, Lemon to buy the land of Raub as he was able to raise the funds. In some way the deed, however, was made to Lemon instead of Raub. Lemon cut and sold considerable timber but entered into a contract rescinding to the former agreement and conveying the land to Raub by deed. Lemon, however, reconsidered this, refusing to give Raub possession and to bring the matter to settlement Raub filed suit to quiet title.