Portland, Oregon Oct 29th 1873 Dear Father Wilbur     In order that you might be fully advised as to what we are doing in the case of Chapman vs Wilbur I sat down in the court House this afternoon during a leisure hour and drew of a rough copy of our answer and also a copy of the motion filed by Chapman for a non Suit and also penned a breif statement of the law applicable to the question. If you happen to have a copy of the Gen Statutes of Oregon you can easily from the references given you on the Enclosed abstract, if not you will at any rate by the rough abstract enclosed see about how the matter stands. We are resisting the motion of Chapman for the reason that we want a final judgment in the law case now pending so that the old chap will be compelled for ever after to hold his peace. Subdivision 2d of the Section 243 is the Section partic- ularly bearing upon our case. Now by that Section  
        we could not prevent Chapman from dismissing his case or Suffering a non Suit, unless our answer may be construed to be a counter claim. You will See what a counter claim is defined to be by reference to the 2d page of the enclosed abstract. As we claim there that you are the owner and not Chapman we insist that we are entitled to the affirmative relief of having the Judgment of the court upon that question. You may rest assured that every thing will be, that can be done by us to bring the matter to a Speedy and final determi nation. Old Chapman called in our office a day or two Since and Said he was willing to compromise on the terms heretofore offered by you. We told him that we had no Such  authority and would in any event advise against it. He Said he would call upon Mr Ladd, I immediately went and Saw Mr L and told him just how the matter stood and have