Joseph P. Bradley

“ On the first of March, 1882, a motion was made by the complainants in the circuit court to remand the cause, on the ground, among other things, that it appeared by the pleadings that Giles is not the real party in interest, but that Wheeler and Burr and the heirs of Jacob Dawson are the really interested parties, and that the action is brought in this court (the circuit court) for their benefit; that all these parties are residents of Nebraska, except Giles, who is a mere nominal defendant. ”

“ Of course, it is a long and tiresome and expensive suit, but I expect and know that now, while commencing the same. Yet you heirs are all interested with me, and must help me all you can, as the men I must fight are rich and numerous, and will do all they can to delay and hurt my prospects to win the case. Galey is already helping them all he can by saying that he saw the will about one year after it was put in court ”

“ The old rule established by the decisions, which required all objections to the citizenship of the parties, unless shown on the face of the record, to be taken by plea in abatement before pleading to the merits, was changed, and the courts were given full authority to protect themselves against the false pretenses of apparent parties. ”

“ Dawson that she must first sell her property, and give her children a chance to make a contract with Wheeler and Burr. She denies this, it is true; but the facts seem to corroborate Pickering's story. She certainly did dispose of most of the lands before the marriage at prices based upon the supposition that she could convey a fee; and, in evident anticipation of the marriage,-for it was on the tapis for a considerable time,-on the fifteenth of September, 1879, the heirs conveyed their interest in the property to Wheeler and Burr ”

“ It sets out the proceedings in various suits brought against some of the complainants, particularly one in which the judgment was brought to this court, by which the will of Dawson was construed in favor of Giles and against the title of complainants. Giles v. Little, 104 U.S. 291.
The cross-bill is filed against all the complainants who did not repudiate the suit. It describes the different tracts held by the several complainants; alleges that they took with full knowledge of the will; that they have received large amounts of rents and profits ”