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Another Mckinstry Chapter

Another Mckinstry Chapter image
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(From Yesterday's Waehtenaw Times.) The McKiustry matter in ïpsilanti is likely te stir up eomplicated litigíií ion in this eiiy. A bilí lu cUanccry wais flJed yestèrday by the receivcr of the Register Publisliing Co. to havo a inoTignge set asido as fraudulent, all beeause Mr. McKiustry iiled that cerüticate of deposit of $1,405 in tbe Farmers & Mechanica Bank with II. W. Hemphill, of Ypsilaiui. The story as told in. the bill ''s this: Joiin W. Kearting was indobted to lbo Register Pubb's-hing Oo. over $1,000, and on March 6, 1892, he exeeüted to his sister, Mary A. Keatiug, a rxiortgage oa nis lots on Catberine st., betweea Twelftii and Thlrteenth sts., he mortgage allegiug tliat it vas colateral to a note of $1,200 due in five years, interest at tlve per cent. This raorfigage was duly reoorded April 7, 1892, in liber 79 of mortgagea, rage ïhe bill then inakes the usual charges in siich cases, that' it was ffiven to defraud the complainanr, and tliat John Keating did not ï-eally owe Mary Keating anytoing'. The story goes on, that' on June 8, 18935, tiie Uegister Publiskinj? Co. commeuced suit against Kaating, and on May 19, 1893, obtained a judgment againet him for $1,325.84 a,ud $40.10 oojrts, and June 9, 1893, levied an execwtion on the landa covered by this aiortgage, and August 20 following the IhjkIh were sold by the sheriff to he Regiister Publishing Go. for $l,2")0, subject of course to the üiortgage. Pho company then issigniMl its iuertwt in öie laad to the Farmers & Mechanics Bank as eollatcu-al secnriiy or certajn cJaims lield by ïhe bank ag,inst tlie company. 7, 1894, l'orec'osure pro;eeduags were beguui oji ilie nortgage f M;ry .). Keating, the usual notice of saie appearing in the Ann Arbor Courier. Qn May 10 the lands wöte old under the mortgage, it being made toi appear in the sheriff 's deed that Mary A. Keating was the purehuser for $1,340. Here the bill sitops to iai-ge that Mary A. Keatiiiï knw torhiiig whatever of all these transjactiaus in her name. lOarly ia May, 1895, the Farmers & Mecüanics Bank deposite-l .S 1 , Wö.70 vil h C. P. Mc Kinstry ;is register of Hieds, to redeem Ïhe promises from he foreclosure, and May 4 he cegister )i d(wds (endei-ci May A. Heating bat inoney, whicJi she refuse-1 to aci)t for the reason tliar she uever isd Afiy such mortgage autt wae not 'Hlitled t the mouey. Then Mr. Mciintry deposited the money in the Farmei-s & Mechanics Baak, receiving a. certifícate of de]Mwt payable to himself ah register of deede, which he fterwards endorsed and deposited vith K. W. Hemphill "as collateral necurity for any suiu whicli he. the naid McKinsti-j', miglit owe the city of YKSilanti. And your oraitor expressly charges that said register of deeds held said cert.iticate of deposit as trustee, and had no tber interesi !Ii(rein, and that said Hobert W. Hemphill and the city of Ypsilanti ac quired no interest in said certifícate of doposit." This certifícate rematpö iii Mr. HemphiU'.s hands by injunction in another suit. John W. Keatiug, Mary A. Keating. C. P: Mcliinstry, llobert W. Hemphill and the cWy of Ypsilauti are made defendant. The prayer of the bill is thait R. W. Hemphill surrender the certifícate of deposit to the Farmers & Meehamic; Bank; ihat the old execution sale by the company be set aside, and that the company have a lien on the premises for the full amount of their judgmemt iigainst J. W. Keating, with costs, interest, and taxes.


Ann Arbor Argus
Old News