Letter to the Editor

Response to trial story

Thursday, June 1, 2006

Dear Editor,

This is in response to the May 24 article in the McCook Daily Gazette: "Judge hears testimony over land sale dispute; 44th District legislature candidate involved."

Bob and Phyllis Brown did sell their farm to Frank and Dick Shoemaker with the Right to Lifetime use of the house and outbuildings.

Dad (that's Bob, not Bobbie) would have never granted the right to immediate possession of the outbuildings, that's excluding the round grain bins. The building to the south of the house was his shop where he spent most of his time. This is the building that (was) reported as being 50x100; it's actually 36x64. Maybe it's shrunk in the drought.

The other building is where he parked some of his vehicles and stored personal property. I repeat, he never would have agreed to release those buildings. Dad didn't lock those buildings until it became necessary. He let Frank put seed corn in the east end of the one building with the understanding the doors were to be kept shut. Because of the personal property and vehicles being stored in it, Dad didn't want pigeons roosting and messing in there or have to worry about theft of items.

Frank claims there wasn't enough irrigation equipment to irrigate the farm. He never said what was supposed to be missing. The equipment that was there at contract date was exactly what Dad and I used to irrigate that farm. The equipment sold on the machinery auction almost two years later was not taken from any of the equipment. Some of the equipment sold had never been used on the farm at all.

Frank never spoke to me about teaching him to irrigate. Dad knew how to farm and irrigate his farm. His physical health didn't allow him to do the work himself, but he ordered his own seed corn and his own fertilizer until the farm was sold.

He drove his help around daily as they irrigated per his instructions. All you needed to do to learn to irrigate that farm was pay attention and do what you were told. I drew the map of where to lay out the pipe and what size pipe went where. I would have answered any questions if Frank had called.

The Oldsmobile 455 V8 motor he keeps hollering about had been bought used on an auction and never used since it was bought. It was kept as a backup in case any well motor gave out on any of the land we owned or rented.

The center pivots that Frank put in were his choice. Gated pipe irrigating is labor intensive work. (Frank told the court that). Center pivots are much easier.

When that gas line was laid, my grandparents owned the farm. My Dad had nothing to do with that pipe line being run to the neighbors.

Frank impeached himself in court over the date of Dad's corn being out of the bins. He actually gave them to Oct. 15. This is in the court records. Some bins were empty at wheat harvest.

Frank stated that they made the 2001 payment and they did in December 2004 after it was court ordered. That payment was short $1,320.90, which required a garnishment of Franks' account.

Dad and Mom have been in court several times since 2001 and during this time, Frank has control of the farm ground and the income from it. Dad and Mom, in the meantime, have been deprived of their retirement. This can never be fixed.

Dad is gone and the stress goes on for Mom.

Jerry Brown,


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