In 1876, the Thomas Johnston Subdivision at Congress and Erie Avenues was instigated by a law suit. The property was divided into 46 lots, including his own house at 20 Erie Avenue. He had already donated a large parcel to Christ Church at the point where Erie, Forest and Sharon merged. Johnston’s daughter Olivia married William Alexander Procter.

E. Mesier Reese on September 9, 1873 filed suit against Thomas Johnston, Mary E. Johnston his wife, L. B. Wiley McLean, Charles W. Woally and Mary F. Woally his wife and John Lyford. In the November 1875 session the court determined that since all the parties were in default as to the cross petition by John Lyford who was owed $10,446.45 the court directed Mr. D. W. Strickland, Master Commissioner, to subdivide Block 9 of the original plat of Glendale creating the Johnston Subdivision, and sell the land.