“Yes,” responded the grazier, “Mr. Van Meter here in New York, and Morgan Gaston now in Ohio, they will both stand by me.”
“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.
Randolph Mason did not at once answer; he walked stumblingly across the room to his chair and sat down by the table. His form was thin and gaunt, and along the border of his forehead the veins were purple and swollen. After a time he turned toward the powerful grazier, his face ugly with a sneer. “To the law,” he said, “all things are possible—even justice.”
V
ONE morning in the early winter the red roan horse, with his head over the high fence of his pasture, saw two men standing in the neighboring meadow contemplating in silence a gigantic derrick. One he immediately recognized as his master Rufus Alshire, and the other resembled in a very large degree a certain obnoxious person who on a memorable summer night had smeared his well kept mane with most disagreeable petroleum.