Land Swap Involved
The law firm of Jenkins Deyo & Hitchcock of this city are the plaintiffs in an action brought against Elwood R. Goins and Nellie C. Goins to recover counsel fees of $300. They were retained in an action brought by Mr. and Mrs. Goins against Seneca J. Atwood formerly of the town of Fenton, to a mortgage of $7000 set aside on the grounds that they were omitted in a law trade. They secured a judgement in favor of Mr. and Mr. Goins but did not secure the pay for their services., they say.
The case which involves many points, started in 1929, when Mr. and Mrs. Goins exchanged their farm of 100 acres in the towns of Lisle and Nanticoke, vaulted by them at $5,350 to Seneca J. Atwood for a farm owned by him in the town of Fenton containing only 70 acres, but valued by him at $13, 500.
After the exchange was made, Mr. and Mrs. Goins who gave their farm and a mortgage of $7,000 to Mr. Atwood, declare that the farm was not what it was reported to be. They brought action through Jenkins, Deyo & Hitchcock to have the mortgage of $7,000 set aside. The case was tried before Supreme Court (of New York) Justice Kellogg in November, 1920. He held that the Atwood farm and chattels were worth no more and ordered Mr. Atwood to return the $7,000 mortgage. The decision also carried an order giving Mr. and Mrs, Goins $247.99 for the costs of the action.
The case, it is said may appealed to the Appellate Division by Harry J. Hennessey, attorney Mr. Atwood.
Jenkins, Deyo & Hitchcock claim that when the action was started for Mr. and Mrs. Goins an agreement was made whereby they were to be given a mortgage of $1,000 expense of the action. The actual papers, however, were not drawn up, it is said.
The law firm allege that that on the legal services were reasonably worth $800 and $282.00 were made. The court is petitioned to adjudge the lien on the farm of Mr. Goins for $1000.
1922 Binghamton NY Press courtesy of Newspapers.com
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