The Inheritance Suit for the Atterbury Farm
Two school teachers initiate a legal battle to reclaim a half-interest in a farm, citing their status as minors during a 1893 foreclosure.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
Two school teachers and sisters, Cora and Josephine Atterbury and Samantha C. Atterbury, brought suit to recover from B. F. O'Neil, the Wallace, Idaho, banker, and to establish their title to one-half interest in valuable farm land lying partially in Spokane and Whitman counties. The suit was started some time ago, was transferred to the federal court, was remanded back to the state court and yesterday came up on a demurrer of the defendants. Judge Kennan overruled the demurrer. He also entered default against R. J. Howard, one of the defendants, who had a third mortgage on the lands. The plaintiffs are the daughters of Ann M. Atterbury, deceased. Their parents at one time owned the lands, and Mr. O'Neil secured the title by sheriff's sale in 1893, when he foreclosed a second mortgage on the place. At the time of the mortgage foreclosure the plaintiffs claim they were minors. They allege that as heirs of their mother they are entitled to one-half of the property. They are now of age. The $10,000 sued for is what they contend is their share of the rents, issues and profits of the place during its occupancy by Mr. O'Neil and his tenants.
“They allege that as heirs of their mother they are entitled to one-half of the property.”
Property disputes involving inheritance and the rights of former minors resonate with today's complex housing and land equity landscape. This case draws a direct line between late 19th-century banking practices and contemporary concerns over land ownership.
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