1869. Halcyon G. Bailey vs. Joseph Close
The first lawsuit (petition dated July 8, 1869) was against Joseph B Close.
Since Emily sued to remove Halcyon as trustee of her property, Halcyon believed she had violated the agreement under which he had transferred two properties into a trust (run by Joseph B. Close). So, Halcyon sued Close for the return of the Bogus and The Homestead properties.
Additionally, Halcyon claimed that he was incapable of placing the properties into trust in the first place, stating that:
``...on or about the 1st day of September 1864 your Petitioner [Halcyon] became sick and disordered and unsound of mind, and as a consequence of said sickness and derangement, unfit and incapable of executing or making any valid legal contract and incapable of executing or delivering said deed of trust, to said Joseph B. Close, or any deed or deeds whatever, and so continued to be sick disordered and unsound of mind and incapable of making any contract, or deed whatever, until on or about the 1st day of July 1868....''
It is significant that September 1864 was just a couple months after he had proven his competence in court at his conservatorship trial.
Danbury Justice of the Peace David G. Booth was appointed to investigate the facts. Booth reported back to the court in September 1870. The Fairfield Superior Court found in favor of Close, and so Close did not return the property to Halcyon. Halcyon again had to pay the costs associated with his petition.