|1916 MATHIS/ROBBINS/DULIN Letter
THESE NOTES ARE TAKEN FROM BITS OF PAPER, LETTERS AND JOURNAL ENTRIES FOUND IN AN OLD CHEST BELONGING TO WILLIAM G. ROBBINS (1840-1919) THEY ARE THE PERSONAL PAPERS OF WILLIAM AND HIS SONS ELISHA, MERLE, WILLIE & ORA
LETTER FROM EVERT MATHIS, ATTY,
WEST LIBERTY, KY
DATED JUNE 27, 1916
Well, we got our case tried and the court gave judgment in favor of Sarah E. Doolin on the claim of adverse possession, holding that Basil Doolin had had possession of the land for several years prior to his death and that since the deed from Basil Doolin to Sarah Doolin was made she had been in actual possession of the land. I am sure it will be as hard for you to understand why they were in adverse possession of this land as it is for me, for the land was never in actual possession of any one. Sarah Doolin's attorneys refused to stand on their patent title and stood on the claim of adverse possession alone and won on that point, because as the court said if paper title alone should be considered that we had superior paper title to hers. Those old Amyx Deeds were the things that beat us, as the court took the view that they showed the extent of Basil Doolin's possession, and that they embraced all the land in controversy, and that therefore Sarah E. Doolin and those under whom she claimed had been in constructive actual possession of all of this land for forty years or more. I talked with Mr. Phipps about the matter of fee and he informed me that he had been paid $15.00 and that $5.00 more would satisfy him, while it was not enough for what he had done, but in view of that fact that you had lost he would make his fee as light as he could. I am not in quite the same position as Mr. Phipps, for I have made too long trips to Paint to take depositions, and on the two trips I was at an expense for horse hire, etc. amounting in all to $4.25. I have been paid $15.00, but after deducting expenses leaves me only $10.75. My contract in the beginning was for a fee of not less than $25.00 and not more than $40.00 depending on the work, or whether I had to make any trips to the county to take depositions. As Millard knows I have done nearly all the work in the case, except the work in the court room and in trying the case, shich Mr. Phipps has done his full part in. I feel like I ought to have $25.00 more money, which will make me $40.00 and will leave me only $35.75 after deducting expenses. Those trips to Paint are reasonable worth $10.00 each and I really can not afford to make them for less, so you can see about what I have done and how much time I have put in on this matter. Think the matter over and send us check or money order, register when you can. I believe Millard has a copy of our contract.
They were transcribed in May, 1997 byDarrold Crites1607 Wilbur Av.Fairborn, OH 45324<DCrites642@aol.com>
Notations in parentheses are those of the transcriber. Spelling & Grammar is as written.