Historic Pelham

Presenting the rich history of Pelham, NY in Westchester County: current historical research, descriptions of how to research Pelham history online and genealogy discussions of Pelham families.

Tuesday, June 20, 2006

Mystery: A Lawsuit Filed Against the Dissolved Pelham Manor & Huguenot Heights Association in 1915


A newspaper clipping in the files of The Office of The Historian of The Town of Pelham presents a fascinating mystery that I have been entirely unable to solve. It contains publication notice summoning the Pelham Manor & Huguenot Heights Association as well as unknown "John Doe" and "Richard Roe" defendants described as "trustees in dissolution of the Pelham Manor & Huguenot Heights Association" to answer a complaint filed in a lawsuit brought by Mabel C. Mearns.

The clipping provides no clue regarding the nature of the suit. Nor have I been able to locate any other records relating to any such suit. The clipping is particularly puzzling because, according to a handwritten notation on it, the item appeared in the March 6, 1915 issue of the Pelham Record -- about thirty years after dissolution of the Pelham Manor & Huguenot Heights Association in receivership proceedings held in White Plains.

The passage of time, of course, might explain why the notice described the "trustees in dissolution" as unknown to the plaintiff. All of this suggests to me -- though I can only engage in rank speculation -- that the suit likely involved some effort to clear title to some plot of land that may have, at one time, been owned by the Association. Beyond that, I have no theories regarding what this lawsuit could conceivably have involved.

In the hope that the text of the notice might prompt those with more creative minds than mine to come up with better hypotheses as to what this matter may have involved, I have transcribed the entire text of the clipping immediately below.

"PELHAM, N. Y., SATURDAY MARCH 6, 1915 Record ["Record" is handwritten]

SUPREME COURT, WESTCHESTER COUNTY. Mabel C. Mearns, plaintiff, against Pelham Manor & Huguenot Heights Association, 'John Doe' and 'Richard Roe' and others, as trustees in dissolution of the Pelham Manor & Huguenot Heights Association, the true names of said defendants or any of them being unknown to this plaintiff, defendants.

To the above named defendants, Pelham Manor & Huguenot Heights Association, 'John Doe' and 'Richard Roe' and others, as trustees in dissolution of the Pelham Manor & Huguenot Heights Association, the true names of said defendants or any of them being unknown to this plaintiff:

You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service and in case of your failure to appear, or answer, judgment will be taken against you by default for the relief demanded in the complaint.

Dated, January 27, 1915.

THEODORE M. HILL,
Plaintiff's Attorney.

Office and Post Office Address,
111 Broadway,
Manhattan Borough, N. Y. C.

The foregoing summons is served upon you by publication pursuant to an order of Hon. Isaac N. Mills, a Justice of the Supreme Court of the State of New York, dated February 23, 1915, and filed with a copy of the verified complaint in the office of the Clerk of the County of Westchester, on the 25th day of February, 1915, at the County Court House in the Village of White Plains, County of Westchester, and State of New York, the original of such verified complaint having been heretofore filed in the office of the said clerk on the third day of January, 1915.

Dated, February 25th, 1915.
THEODORE M. HILL,
Attorney for Plaintiff.

No. 111 Broadway,
Borough of Manhattan,
New York City."

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