Aged Main Fails to Obtain Sum Alleged Due From Daughter

Jesse Walling Hears Court Rule That Case Can Proceed No Further.

Again Jesse W. Walling, an old man past 80 years of age, has failed in his effort to collect from his daughter, Lizzie Elbert, and her husband, Harvey Elbert, the sum of $1820 which he alleges they defrauded him out of in a land transaction. Feeble and alone, with his hair streaming down over his shoulders, he sat in Judge Bert Linn’s court today and heard the court rule that his case could go no further.

Judge Linn, before whom the case has been heard for the last two days, took it from the jury and ordered a continuance. In withdrawing the case Judge Linn ruled that a motion for dismissal would be granted, unless counsel for the plaintiff wished for a continuance in which to formulate an amended complaint. The continuance was taken.

Walling claims that he was the owner of a tract of land in Oregon and that his daughter and her husband were the owners of a tract in Stevens county near Addy. He consented to a trade of land, according to his complaint, and being poor at figures, accepted the figures of his daughter as to the comparative values, in which told him that the difference in the values was less than $200 in his favor. He claims that some time later he learned that the different was in reality $1820 in his favor. The defendants set forth that the values of the land were equal in spite of whatever values the owners placed on them, and the court ruled that the evidence showed that there had been no damage done, and therefore no grounds for a suit.

The case first came up before Judge Blake a year ago and the jury brought in a verdict for the full amount for the plaintiff. Judge Black set this verdict aside, and the case was carried to the state supreme court. It was returned for retrial, with the result today.

Source: Spokane Chronicle, March 25, 1916.

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