Evening Republican, Volume 20, Number 302, Rensselaer, Jasper County, 20 December 1916 — ED OLIVER MADE DEFENDANT IN SUIT [ARTICLE]

ED OLIVER MADE DEFENDANT IN SUIT

Is Defendant In Sait Filed By Chicago Bank; Action to Discover Real Estate. A suit was filed in the clerk’s office a few days ago by the Greenbaum Sons Bank and Trust Co., of Chicago, vs. Ed Oliver et al. The suit is an action to establish a lien and discovery of certain real estate in Jasper county, 728 acres which was conveyed by the defendant and wife to plaintiffs jn September 6, 191$, to secure a loan of $50,000, which was made to them for four months’ time. The deed was made to Milton E. -Falkner. It is understood that the suit will probably be settled in a manner satisfactory to both parties and will not reach court. The complaint sets out that the defendants (Oliver and Oliver) agreed that within a reasonable time after the making of the said loan to furnish plaintiffs with another deedproperly describing said land by metes and bounds and also with pergonal collateral of the aggregate sum of not less than SIOO,OOO to be de-posited-with said bank as additional collateral security of said note; that defendants have paid no part? of fee principal of said note and though frequent demands of them to make and deliver said deed properly describing said real estate, they failed and refused to do so; that the deed first mentioned as refused for record in Jasper county for the reason the descriptions were insufficient to properly locate said lands; that by reason of the failure and refusal of the defendants to execute said deed pursuant to agreement plaintiffb have been deprived of the security and protection agreed upon as a consideration for making said loan; plaintiff sets out certain lands which plaintiff is informed and believes lefendants are the owners of and intended to be conveyed by defendants pursuant to agreement, but plaintiff is also informed and believes that the title of record to a larger proportion of the land described is in the name of Emmet L. Hollingsworth, who holds said title as trustee for the sole use and benefit of defendants. Plaintiff claims to have first a prior Hen on all of said real estate and arte that defendants be required to make, execute and deliver such deed or deeds as will establish in plaintiff a good and sufficient lien on said real estate pursuant to said agreement.