Inter-Mountain Republican | 1909-05-29 | Page 12 | Alleged Land Fraud Not Upheld in Court

ALLEGED LAND FRAUD NOT UPHELD IN COURT of nf hI n Inlall I heath III In Milr nh lint hilt en Had Once Inc J Judgment A verdict was returned by a jur in Judge George Gcorge G. G Armstrongs Armstrong's l dl lIon slon of the Third District court Fri day In the case of ot John Johnson aged aged I 7 11 i years a Civil war veteran against P P. Sears SearH and arad Ella S. S Sears findIng find find- Ing Ins for tor Scars Sears and wife on tho tue rounds ground I that there was no cause of action The court Instructed Instruct tl the Jury to fino finc I for tor Sears atad wife Johnson brought suit to recover 2500 damages 8 as the result of transactions transactions trans trans- actions Involved In a purchase through throng I Sears Scars of or acres arres of or hind noni neur Twelfth South street about eight I ht miles mile i west of this city It was alleged by r Johnson J that In the time following folioing r ary irry he hc discovered ered that the time deed decd convoyed convoyed convoyed con con- voyed only 20 acres acre to him lIe He said sak I that he ho culled called the attention of Sear t to o the tho fact tact and alleged fraud and anel saia sak I that hat he lie subsequently received ed a deed leet 1 to 14 HO 0 acres In section 11 township I 1 south range 2 we west t. t which ho lie al i nl- nl leges was In a depression anti and was wa I under water for or a considerable part par L Lof of tho the time Johnson began action against Searn Sears Sear t In InIa n May Ia 1907 to rescind tho time contract L Land and this action was dismissed in iii Judge C. C W. W Morses Morse's 1018 8 division dl of the court Sears Scars alleged in time the present trial that tiia t ho time nn first t action had been prosecuted t to toa a Judgment ment and that this barred tho m section action and in this tills he was up held by the court