Rensselaer Semi-Weekly Republican, Volume 20, Number 30, Rensselaer, Jasper County, 16 December 1898 — An Interesting Law Case. [ARTICLE]

An Interesting Law Case.

A case just filed in the Jasper circuit court is that of Claude B. Garrett vs Homer Day and Ross L. Day his son. It involves a valuable piece of land, and fraud and conspiracy are freely alleged. It appears that the Days are doing business in Englewood, 111. Garrett was formerly there but now runs a big store at LaPorte this state. Garrett got hold of 280 acres of land in Keener Tp., this county, being a part of our former townsman, M. O. Halloran’s princely domain, he having traded a brick block in Englewood for it. This land Garrett traded to the Days for a big stock of goods in Englewood, the land being valued at SB,OOO, Garrett had just begun to pack the goods to ship to La Porte when in came the sheriff of Cook county, with a S9,(MX) claim of John V. Farwell & Co., backed by chattie mortgage, aud levied on the goods. The goods had been represented by Day to be wholly and entirely his, and .free from all claims and incumbrances. When the Cook county sheriff levied on the g-od , Day Lad o et the deed to Garrett’s land, but had not yet had it recorded here. There was then a race to see who could get in their work here first. Garrett came on the 11 o’clock train at night. Day’s son tried to get here at 4:48 the next morning on the fast paper train, to get the deed recorded. But the train don’t stop and he was carried t\y to Monon and came back on the milk train, but before he got here, Garrett had secured the services of Hanley & Hunt and they had the papers drawn and filed in a suit to quiet title and set aside the deed to Day, before Day got here. But although Garrett thus got his suit filed before Day could record the deed, the latter succeeding in mortgaging the land for $2,800 before Garrett got action with his law suit. The case is entered for the coming January term.