Rensselaer Semi-Weekly Republican, Volume 35, Number 122, Rensselaer, Jasper County, 6 October 1903 — An Important Case Tried. [ARTICLE]

An Important Case Tried.

A Thirty-Three Year Old Deed Dug Up and Sued Upon. A civil case of more than usual interest was tried this week, and was especially interesting to the lawyer!?, for the many fine points of law involved. The case was that of Kreigbaum vs John V. and Charles Myers; and involves24o acres of land in Wheatfield tp, worth about $7,000 or SB,OOO. Way back in 1870 two men Scott & Jones, of X'snia, Ohio went into the lightning red business, and soon induced Phillip Kreigbaum, a farmer near Xenia, to go in with them, the firm then being Scott, Jones & Co. By some means they got possession of 240 acres in Wheatfield tp., this county. The land being at that time of but little value. Soon the firm got in debt and busted up and Scott and Jones deeded the land to Kreigbaum, on consideration of paying the debts of the firm, some $l,lOO,

and he being the only man in the firm who bad any property. About fhis time or before Jones got away with all the firm’s money and went to California. . This deed to Kreigbaum was made in 1871. He came out and hoked at the land, soon after, but did not have ffih deed for it recorded. At this time be tJked with John V. and Charley Myers, about the land, with some thought of selling it. He went back to Ohio, however and seemed to have forgotten the land. In 1874 it was sold for taxes for that year and the three preceding years, Alfred Thompson bidding it in at the tax sale. Mr. Thompson finally had $l7O in the land, taxes and interest, and in 1877 he made a quit claim tax deed to John V. Myers for 200 acres, for $135, and for the other 40 acres to Charley Myers, for S4O and the land has been in their possession ever since, and they fenced and otherwise improved it. In 1889 Charley deeded his 40 to John and he brought action to quiet title against Scott & Jones, notice being given by publication. The court gave a decree quieting the title, but such oases, when notice is by publication, can be reopened in 5 years. Jn 1894 Jones slipped back into Lake county and employed an attorney named Morton to oome here and re-open the case, Jones setting up a claim to own the land. About this time Myers got a quit claim deed for the land from Scott in Ohio, and though he stated he had no interest in the land be had to have SIOO for making the deed. A little later Jones made them a quit claim deed also, charging S4OO for it. In this deed he swore he had never deeded the land to anyone else. A false statement, but that seemed easy for Jones.

It should be stated also that in 1878, before Thompson made the tax title to Myers, John V. Myers wrote a long letter about this land to Kreigbaum, at Xenia, describing the land and sending a map of it, marked “Kreigbaum land,” and speaking about ditching it, and wanting to buy 80 acres. Kreigbaum finally moved to Huntington this state, and died there in 1891. Among his papers was found the deed to this land now in dispute. His son John administered the estate and after slumbering over the matter for another 10 years, he came here and had it recorded in 1901, or 80 years after it was made. He also made demand on the Myers for the land, and brought this suit- The widow of Philip Kreigbaum still survives and five children. The question of any right of this widow and heirs in the land turned largely on the point of whether the Myers

had any knowledge of this unrecorded deed when they acquired the land through tax and quitclaim deeds. This letter of John Myers, written in 1878 was largely relied upon to show that they had knowledge that Kreigbaum owned the land. Tne case took two days to try, and went to the jury about 4 p. m. Friday, and they agreed on a verdict at one a. m. next morning They decided that the Myers had notice of the Kreigbaum deed and therefore that the widow Mrs. Mary Kreigbaum owned one third of the farm, valued at $7,200, and also was entitled to 20 cents rental per year per acre, on her third during the time the defendants have occupied it. Against these items, the Myers were allowed for the improvements they have placed on the land, and for the taxes they have paid, and interest on the same at 20 per cent. The final result is a net judgment for the widow, as estimated by the jurors, of $1,055. The Kreigbaum children were decided to be cut off by theetatute of limitations. It is understood that both sides are fairly satisfied with the verdict.