| Show A SERIOUS CHARGE The Case Brought up in Court Yesterday f THE DEATHBED SlNATDKE The Facts AHeced by tho Plaintiff Denieajn Totobythe DefendantA Pe collar Case The cano of Annie Peters Brain and Mary S Brain Swartbout vs Mary B Brain came up for trial before Judge Zane in the Third district court yesterday morning morn-ing P L Williams appearing for the plaintiff and F S Richards and J H Moyle appearing for the defendants The plaintiff alleged that Edward Brain died in this city on the 23d of May 1SPO intestate that the plaintiff was the wife of the de deceased and that Mary S B Swarthout was the daughter of the deceased and both were his heirsatlaw that shortly before 4 his last illness the deceased entered into V negotiations with Zions Savings bank through B H Schettler to obtain 2000 to be secured by a mortgage on Brains brickyard property which was worth about 4000 that the transaction trans-action had not beon concluded by tho actual loan of the money up to the day preceding Mr Brains death that on May 22 when Mr Brain was fatally sick he directed that the deed to the property be carried to Schettler with a request to the latter to prepare a draft of the mortgage mort-gage to secure the loan and that the mortgage mort-gage when prepared be sent to him for acknowledgment that the deceased had for years intimate business relations with Mr Schettler and had entire confidence in his business capacityintegrity and friendship that at 8 pm on May I2 the day preceding Mr Brains death Mr Schettler with a notary went to the residence of the deceased de-ceased and presented a paper having tho general appearance of a mortgage and t which the plaintiffs and the deceased understood to be the said mortgage that without explanation of its con tents the deceased and Annie Peters Brain signed and acknowledged the instrument that after the death of Mr Brain who expired twelve hours later the plaintiffs discovered that instead of the in j Lv fiprument being a mortgage it was in fact IS a deed conveying the premises to Mary B Brain The plaintiffs alleged that the defendant JMr Schfittler and others conspiring how they could cheat wrong and defraud the plaintiffs and other heirs at law fraudu lently and falsely presented the deed to the deceased and Annie Peters Brain and frau dulently obtained their signatures thereto under the belief on their part that the instrument in-strument was the mortgage aforesaid Plaintiffs further allege that the deed was made without any consideration pass ing therefor and without the knowledge or consent of the plaintiff Annie Peters Brain and the deceased and wholly op posed to the will and pleasure of each of them that the deed would not have been executed had they known tae facts Therefore the plaintiffs asked that the deed be decreed to be fraudulent and void and Unit it be set aside and annulled and the record thereof cancelled The defense made a general denial of all I Slw these allegations I In the lrobate Conrt Estate of William B J Green deceased June 10 to hear petition for conversion of the whole of the estate for the use of the widow Estate of John Scott decision made that due and legal notice to creditors has not been given petition for settlement of final l account and distribution were dismissed Estate of George Dunford deceased order to sell personal property at public saleEstate Estate of Frank Crocker deceased peti thin for resale of real estate denied exception ex-ception taken GEstate of Peter E Johnson bond of ad ministratrix in the sum of 3000 approved Estate of John Henderson deceased May 25 to hear petition for letters of administration ad-ministration Estate of Benjamin F Howells deceased de-ceased rder made fixing May 27 to hea return of sale of real estate |
