The Man of Last Resort; Or, The Clients of Randolph MasonPost, Melville Davisson
General
The Man of Last Resort; Or, The Clients of Randolph Mason
Post, Melville Davisson
American fiction -- 19th century; Detective and mystery stories, American; Legal stories, American
“Then,” said Mason, “listen to me, and do as I advise, and the sale of
your property will be as far distant years from to-day as it seems this
afternoon. First make an oil lease for a long term, say thirty years,
to your non-resident friend of Ohio, giving him all the oil privileges,
but, for your own protection in case of the death of the lessee,
incorporate in the instrument a clause permitting the lessor the right
to annul the lease at any time by the payment of a small sum. Have the
instrument show also that the entire compensation for the lease has
been fully paid in advance. Then make another lease renting all your
remaining property rights to your friend Mr. Van Meter of this city.
Have this second lease for a similar term and of similar provisions to
the first, and the entire compensation for it likewise paid in advance.
Then you have but to record the instruments, employ an attorney, and
sit down in the shadow of your house. The hair on your head will have
thinned vastly before the litigation over your complicated affairs
terminates in a final decree of sale.” Rufus Alshire leaned forward
listening eagerly. “But won't Farras sue me,” he asked, “won't he attack
the leases?”
“Certainly,” said Mason, “he will at once do one of two things; either
he will bring an action at law on the notes, or he will attempt to
embrace the whole matter in a chancery suit. If he sues at law, resist
and attempt to fight through the superior courts. When he finally
obtains a judgment at law in your State, he will be compelled to resort
to a suit in chancery for the purpose of selling the land. In either
event he must come finally into a court of chancery and include the
holders of these leases as parties defendant to his action. When this is
done, the non resident lessees are not to appear, and he will be able to
obtain service on them only by an order of publication. You alone will
fight this chancery suit through the lower and superior courts, and just
before a sale of the land is ordered by the court of last resort, one
of the non resident lessees mast appear, and by virtue of the statutory
provision applying to such cases, file his bill of review and open up
the whole matter, enjoin the sale, fight the case over again and again
through the superior court. When this new litigation finally draws
near to a close and the land is again ordered sold, the remaining
non-resident must appear, bring his action in the Circuit Court of the
United States, enjoin the sale, and proceed with his fight.
“By this time,” continued Mason, placing his bony hand on the giant's
shoulder, “there will probably be gray streaks in your beard, and if
you wish to run this litigation on into eternity, you will have only to
produce some collateral heir.”
The huge Alshire looked up at the strange man beside him. “Is all this
possible?” he asked in astonishment.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account