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DECISION IN FAVOR OF JOHN HAY "JOCK" WHITNEY LEXINGTON, Ky., Nov. 21. It wasnt a mortgage, as contended by Mrs. Elsie Chinn, wife of Col. Phil T. Chinn. It was a deed, i as contended by John Hay "Jock" Whitney, sole owner of Llangollen Stables. Federal Judge H. Church Ford has so decided, and has said that Whitney is entitled to full possession of the property formerly known as Old Hickory Farm, for which Whitney paid in April, 1932, to Mrs. Chinn the sum of 0,000, plus 8,000 additional in outstanding obligations, which he assumed and paid. The land was deeded to Llangollen Stables, I Inc., and a contract was signed that Mrs. , Chinn could at any time after four year3 i and not after five years repossess the property by paying a price to be stated by a board of appraisers named in the contract. She failed to exercise these rights, but instead brought suit on the grounds that she had merely mortgaged the farm to Whitney. The case was argued last spring, but Judge Ford at the time informed attorneys that, because of his having to hear the Harlan County mining cases through the summer, it would be late in the year before he could render a decision. Whitney has had possession of the farm since April, 1932, occupying the stables and paddocks and pastures with his horses. However, he permitted Colonel and Mrs. Chinn to continue occupancy of the fine old mansion. They have not announced where their future home will be.
