Rensselaer Semi-Weekly Republican, Volume 37, Number 33, Rensselaer, Jasper County, 28 April 1905 — Monon’s Big Suit [ARTICLE]

Monon’s Big Suit

Montlcello Journal, The noted case of the Monon railroad against attorney M- M. Hathaway, of Winauuc, and others over the title to three blocks in Francesville is again recalled by reasons of two oases that were brought here last Saturday “off ohacge of venue from Winamao taken by the railroad. Both cases are entitled Medary M, Hathaway against the Chicago, Indianapolis and Louisville Railway Company. One is fcr a permanent injunction against the railroad preventing it from in any way interfering with the plaintiffs rights in the above property and its possession of the same. ,In the other case Mr. Hathaway alleges that he aoquired the property by execution and sheriff’s deed in 1897 based on a judgement against the old Monon Railroad, whioh title was contested by the present Monoa, but suit to quiet .title, through all the courts up to the U. S. Supreme court, and the railroad was defeated in eaoh court, and that at the commencement of this litigation Hathaway fenced up this property and the railroad tore the fences down and put people in possession and have ever Bince had the use and rents thereof of the value of SIO,OOO for whioh amount of rents Hathaway demands judgement as well as for damages for buildings removed, and he further alleges that be has had opportunities to sell said property and had the same oontraoted, but that the railroad so slandered his title that he was unable to dose his deal for the sale and by reason of such slander he has been damaged in the sum of $15,000 for whioh he also demands judgement. A temporary injunction in the first suit was granted by Judge Lairy at Winamao in February and from this the railroad appealed to the Supreme oourt, where the oase has been advanoed on motion of Hathaway, and both sides says the appeal will probably be decided within sixty days. These oases will be tried on Wednesday, May 10th. Tne plaintiff is represented by Henry A. St* is of Judge Winfield of Logsnsport and Charles C. Spencer. Judge E. Field and H. R. Kurrie appoar for the railroad.