Civil Record

Date

Plaintiff

Defendant

Others

Miscellaneous

Court information

Order Book 41

Microfilm Roll Civ. 01

May Term 1906, Page 92

Index Point 000489

Abel, Charles

Groscup, Herman

Damages and Injunction. Attorney appears for defendant.

Case 7692 in 1906. from index point 000489-000500.

Order Book 41

December Term 1906 Page 260, 274, March Term 1907, Page 302

Acme? Food Company

Trovinger?, Simon

Other Defendant Albert Trovinger?

On Note. Most of this document is destroyed by the fire of 1913. Page 274 Time granted to file Bill of Exceptions. Page 302 No details. Case continued.

Order Book 41

May Term 1906, Page 89

Aldrich, Margaret

North, Sadie et al

Other defendants: Agnus Greenmeyer, J. Greenmeyer, Cassius North, Katy North, Eva M. McMaden, Charles McMaden, Roy R. North

In Recorder’s Office, Deed Book 74 Pages 515, 516 the defendants name is Sudie Worth, Agnes Grenamyre, Jesse Grenemyer, Cassius Worth, Katy Worth, Eva McMarlen, Charles Mc Marlen, and Roy R. Worth.

The court decrees that the Lot 63 in Danforth Addition to the City of Butler, excepting 6 feet off of he East side is owned by the Plaintiff.

Quiet Title: Notice to all defendants who are non-residents in a DeKalb newspaper. All defendants are in default. Court finds that Margaret Aldrich is the rightful owner of the R.E.

In Recorder’s Office Deed Book 74 page 515, 516 this transaction is recorded. The names are Defendant Sudie Worth, Agnes Grenemyer, Julius Grenemyer, Cassius Worth, Katy Worth, Eva McMarlen, Charles McMarlen, and Roy R. Worth.

The lot is #63 in Danforth’s Addition to the City of Butler.

Order Book 41

May Term 1906, Page 93, March Term 1907, Page 302, 322, 323

Ames, Harmon

Ocker, Hannah et al

Cross Complaint by Mary Ann Skelton, American University of Harrison, James Colgrove and unknown heirs.

Note: Recorder’s office shows that the America University is of Harriman?, Tennessee.

In Recorder’s Office there is a Copy of Decree in Deed Book 74, pages 321, 322 It is decreed by the Court that Harmon Ames and Mary Ann Skelton are tenants in common with Hannah Ocker having a life estate to a part of the Northwest ¼ of Section 1 Township 34 North Range 14 East (description follows) The interest of the American University is to be conveyed to Harman Ames and Mary Ann Skelton. The mortgage executed on July 8, 1859 by J.T. Sheldon and T. J. Sheldon is to be quieted See also, Book 74, Pages 323 and 324.

Quiet Title. Page 302 Deposition to be published for Theodore Trach. Page 322, 323 Court finds that Mary Ann Skelton and Plaintiff are owners in common of the R. E. Subject to the life estate of Hannah Ocker. Mortgage deed July 8, 1859 recorded in Record 3 Page 139 executed to James Colgrove has been fully paid and should be quieted. That the Plaintiff and defendant Skelton are the owners of said Real Estate against American University Of Harriman. Commissioners to convey the said R. E. of American University of Harriman to Harmon Ames and Mary Ann Skelton. In Recorder’s Office this transaction is recorded in Deed Book 74, pages 321-324 with a description of the land in Section 1 Township 34 North Range 14 East.

Order Book 41

March Term 1907, 353

Anderson, John et al

Lake Shore & Michigan Southern R. R. Co.

Other Plaintiff John Castle

Damages Opinion of the Appellate Court is now ordered spread of record and in accordance with the opinion of said Court the motion of defendant for judgment in its favor is sustained. Plaintiff to take nothing from the cause and defendant to recover its costs and tax including the cost of the Appellate Court.

Order Book 41

December Term 1905, Page 5, 39, May Term 1906, Page 87, 130

Anderson, Mary A

City of Garrett

Damages. Page 39 30 days given to file Bill of Exception Page 87 Plaintiff ordered to appear at Law Office of Mountz and Brinkerhoff in the City of Auburn to be examined under oath. Page 130 Motion made to require Plaintiff to have a physical examination. Court sustains and Plaintiff ordered and required to appear at the Swineford House in Auburn, IN on the 22^nd of June, 1906 at 4:40 P.m. to be subjected to a physical examination by a Dr F. W. Fanning. Court trial. Court finds for the Plaintiff and she is to be awarded $300 and Dr. Fanning allowed $5 for the examination.

Order Book 41

May Term 1906, Page 102, 110, 146, December Term 1906, Page 251, 252, 254, March Term 1907 Page 326, 327

Angola R. R. & Power Co.

Pilliad, Charles J. et al

Other defendants: George R. Wilkmire? Ezra L. Dodge, Clerk of Steuben Circuit Court? A. L. Irish, American Bond and Mortgage co., Ohio and Indiana R. R. Co,

Mentioned: National Mill Water and Light Co. Union Trust Co.

Quiet Title. Attorney appears for Plaintiffs. Notice for Union Trust Co. returnable (part of document missing). Page 110 Portions of document are burned. Amended complaint making other part of defendants. Page 146 Most of document destroyed by 1913 fire. Pages 251, 252 Cross complaints filed by defendants. Ohio and Indiana R.R. C. files complaint against Plaintiff and Samuel A. Foster, Harvey C. Ball, Alvin Walt? By Sol A Ward, Michael B. Kelley, William E. Mossman and William J. Vesey.. Page 254 Part of document destroyed by 1913 fire. Cross-Complaints against American Bond and Trust and A. L. Irish dismissed, as well as cross-complaint against Wickmire. Page 326, 327 Court finds the Plaintiff is the owner of the R. E. Each of the defendants file a motion for a new trial and court overrules. !20 days given to file bills of exception.

Order Book 41

May Term 1906, Page 145

Ankney, Isalien L.

Blankenship, Maude et al

Quiet Title. Plaintiff dismisses the case.

Order Book 41

March Term 1907, Page 311

Arford, Charles S.

Countryman, Margaret

Foreclosure of mortgage dismissed by Plaintiff.

Order Book 41

March Term 1907, Page 306, 308

Auburn State Bank

Collar, Wills U.

Damages Jury trial. Page 308 Jury trials finds for the defendant.

Order Book 41

Case 7586 December Term 1905, Page 11, page 51, Case 7915 March Term 1907, Page 294

Baltimore Ohio and Chicago R. R. Co.

Toledo & Chicago Interurban R. R. Co.

Other Defendant: Toledo & Chicago Interurban Construction Co.

Injunction. Restraining order modified to the stringing of wire. Page 51 Cause is now dismissed by the Plaintiff. Page 294 Case dismissed by Plaintiff.

Order Book 41

December Term 1905, Page 36, 37, 65

Barney, George W. et al

Johnson, Thomas E. et al

Other Plaintiff: William I. Davids, other Defendant Herman Johnson

Quiet Title George W. Barney, William L. Davids and Thomas E. Johnson were partners. Thomas E. Johnson Commissioners appointed to partition and divide the R. E. Page 65 Commissioners file report of Partition.

Order Book 41

May Term 1906, Page 108, 168

Barney, Solomon et al

Headley, Wilson S. et al

Attachment. Notice of Publication for Wilson S. Headley. Page 168 Case is dismissed.

Order Book 41

Microfilm Roll Civ. 01

May Term 1906, Page 99

Index Point 000278 1905

Barry, George W. et al

Johnson, Thomas E. et al

Other Plaintiff: William I. Davids. Other Defendant: Herman Johnson

In Recorder’s Office Deed Book 71, Page 203 the Partition Deed is recorded.

Other Plaintiff’s William I. Davids, Other Defendants: Herman Johnson

Partition

Commissioners set aside Lots 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 in Bellevue Addition to the City of Butler. To George W. Barry, They set aside lots 57, 58, 59, 60, 61, and 62 in said addition to William I. David’s. Lots 6, 7, 8, 13, 14, 15, 16, 17, 18, 23, 24, 25, 40, 63, 64, 65, 66, 67 and 68 in said addition to Thomas E ad Herman Johnson.

From index point 000278 to index point 000312. Case 7560

Order Book 41

December Term 1905, page 3

Bartels, Henry G. W.

Toledo & Chicago Interurban Railway

Injunction Cause is dismissed by Plaintiff.

Order Book 41

December Term 1906, Page 261,262

Baughman, Allen Maron

Ringle, Charlotte et al

Other Defendants: John F. Ringle, Josephine Conrad, Albert H. Conrad, Caroline Panton, C. J. Panton, Magdalene Hull, George H. Hull, Curtis A. Harris, Alice Updegraph, Hazel Timmerman, Nathan Johnson if deceased his unknown heirs, Donald Dancer, William C. Knapp, descendants and unknown heirs, The heirs, children etc of Nathan Johnson

Commissioners Deed for this case is recorded in Deed Book 74, page 42. The Southwest ¼ of the Northeast ¼ of Section 13 in Township 33 North of Range 13 West.

Quiet Title. Notice to non-residents published in the Auburn Dispatch P. V. Hoffman appointed guardian ad litem for Hazel Timmerman and Donald Dance, minors. Court finds for the Plaintiff that he is the owner of the R. E. in question and interest of all defendants is quitted forever.

Order Book 41

December Term 1906, Page 205, March Term 1907 Page 305

Baughman, Laura

Smurr, Perry et al

Smurr, Walter

Case continued. Page 305 Dismissed.

Order Book 41

May Term 1906, Page 94, 107, 108

Beard, Samantha

Shultz, Allen et al

Amanda Shultz

Note: Defendants notified by Summons of Sheriff. Defendants three times called and in default. Page 107, 108 Court trial. Court finds for the Plaintiff in the amount of $290.71 against Allen Shultz. The deed made by Allen Shultz to Amanda Shultz through a trustee of R. E. is fraudulent and void and is to be levied and sold upon the judgment.

Microfilm Roll Civ.01

Index Point 00063 (1905)

Beard, Mary A.

Beard, Levi G.

In Recorder’s Office, Deed Book 70, Page 151, 152 is the Court Deed for this transaction; Court decreed that Mary A. Beard is the owner of the North ½ of the Northwest ¼ of Section 15, Township 34 North of Range 14 East, except the Southwest ¼ of the West ½ being deeded to ? Ester.

Quiet Title. Case 7406

Order Book 41

December Term 1903, Page 387, 405, 406, May Term 1904 Page 419, October Term 1904 Page 437, 438

Beck, Susan C.

Shull, Jacob et al

Other Defendants: Henry Shull, George Eli Shull, Eliza Werntz, Mary Ann Feagler, John Feagler, George Werntz, Leonard Shull, Viola McClellan, John A McClellan

Commissioners Deed is recorded in Deed Book 68 pages 187, 188.

Conveyed to John G. Openlander and Lavina A. Openlander husband and wife of Defiance County, Ohio.

Partition Notice of action to be published in the Auburn Courier. Page 405 Defendants are in default and the court finds that the Plaintiff and defendants are owners in common of the R.E. The R. E. is indivisible and Commissioners to be appointed to sell the R. R. Page 406 Lot #2 in D. Z. Hoffman’s addition to the City of Auburn Page 419 R. E. Appraised at $1,100. Page 438 there is a Commissioner’s Deed for the land. Sold to John G. and Lavine A. Openlander. Of Defiance Co. Ohio. for $755.

Order Book 41

December Term 1906, Page 205, 212

Behm, Goodlane et al

Baker, Davis A. et al

Other Plaintiff: Edward B. Swift

Appeal from Allowance by Commissioners Court. Attorney appears for the Plaintiff. Page 212 Attorney appears for the Board of Commissioners and moves to dismiss the case as to the Board of Commissioners.

Order Book 41

December Term 1906 Page 239

Betts, Washington

Schiffli, Ignatz et al

Other Defendants: Annie Schiffli, Loretta Schiffli, Angelina Schiffli, Albert Schiffli, Michael Freylinger, Herman Schiffli, John M. Freylinger, Michael Freylinger Jr, George A. Freylinger,

Quiet Title and Cancel Mortgage. Notice to all non-residents published in the Auburn Courier. Defendants three times called and in default. Infancy of Annie Loretta, Angelina, Albert and Herman Schiffli and John M and George Freylinger, Hubert E. Hartman is appointed guardian ad litem. Court finds for the Plaintiff that the mortgage of defendants should be cancelled and quieted against claim forever.

Order Book 41

March Term 1904, Page 408, 409

Bevier, Almanda et al

Denison, Julius A. as Administrator of the Estate of Libbie J. Buss Deceased.

Other Plaintiffs: Frank Bevier, Anna B. Dunelbozer by the next friend Mahlon Dunebarger and Mary Dunebarger

So much of this document is destroyed by the 1913 fire. This case hinges on the Will of Libbie J. Buss.(Did not find a will in the Court Records)

Microfilm Roll Civ. 01

Index Point after 000126

Bevier, Samuel

Tremple, Peter et al

Notes. Case 7486

In Recorder’s Office Deed Book 72 page 9, 10 is the Decree for this case. Samuel Bevier vs. Peter Tremple, Minnie Tremple, Clara Tremple, Christena Tremple, Emma Tremple, & Elizabeth Wilkie.. On October 5, 1905 case was tried and the Court decreed that the Plaintiff was the owner of the R.E.

Order Book 41

December Term 1905, Page 3, 65

Board of County Commissioners

Petition for Drainage. Lands of Peter Grogg and the highway of Union & Richland in Keyser Township are assessed for benefits of said proposal drain.

Microfilm Roll Civ. O1

Index Point 001333

Boardman, Will H.

Dolph, Clara O? et al

Case 8182 in 1906 (fire damaged pages form index pint 001333 to index point 001400.

Order Book 41

December Term 1905, Page 3, 26, May Term 1906, Page 105, 220, 221

Boland, Michael Adminstrator of the Estate of Theodore C. Little, deceased

Wabash Railroad Company

Damages, Page 26 Deposition of Plaintiff ordered published. Page 105 Bill of Exceptions filed. Pages 220, 221 Court finds the Plaintiff to recover $1500. and the defendant to recover from Plaintiff costs of action.

Order Book 41

December Term 1905, Page 52, 138, 165

May Term 1906, Page 88, 106, 133

Boren, Mahlon

Looks Like Baker, Maholn

Boren, Jay M. et al

Other Defendants Lottie Boren, Mary J. Boren, Cora V. Boren, Amos H. Boren, John G. Boren and John Keen (gdn)

In Recorder’s Office there is a Commissioner’s Deed for this case. Deed Book 73 Page 89 The Plaintiff is Mahlon Boren and the defendant looks like Icy M. Boren etal 25 acres of the Southwest ¼ of Section 28 Township 34 North of Range 14 East.

Case 7601 Partition See also Keen Case 7589 John Keen appears by his attorney and files motion to be made party defendant as guardian of all defendants. Page 138 Deed examined and ordered delivered to purchaser. Page 165 Commissioner files final report and asks to be dismissed.

Commissioners ordered to have the

R. E. Appraised. Page 106. Appraised at $800. Page 133 Real Estate sold to Charles C. Cook for $825.

Order Book 41

October Term 1904, Page 434

Bornstrator, Catherine A.

Bornstrator, Andrew D.

Other Defendants: Charles W. Bornstrator

Partition to Set aside deed. Complaint and cross-complaints are dismissed and unpaid costs taxed to Charles W. Bornstrator.

Order Book 41

December Term 1906, Page 210, 266, 277, March Term 1907 Page 294, 310

Bortner, Benjamin F.

Toledo & Chicago Interurban R.R. Co.

Damages. Page 266 Case continued. Page 277 Defendant ruled to answer by March Term 1907. Page 294 Case continued. Page 310 Change of Venue to Allen Superior Court, Allen, County

Order Book 41

May Term 1906, Page 135, 172

Bowersox, George et al

Toledo & Chicago Interurban R. R. C.

Part of document destroyed by the fire. Plaintiff asks leave to amend Complaint. Page 172 Cause is dismissed by Plaintiff.

Order Book 41

December Term 1903, Page 385, 386, 387, 389, 390, 391, 392

Bowman, Alice et al

Kelley, Martha J. et al

Other Plaintiff: Archie Bowman, Other Defendant: Amy R. Haverstock, Robert A. Haverstock, Mable A. Haverstock, F. Marion Haverstock, Asher Gonser, Lloyd Gonser, Lenora Gonser

In Recorder’s Office Deed Book 67 Pages 298, 299 the deed for this case is recorded. Partition of the lands of Freeman Kelley. The partition of the land is spelled out in the deed.

Partition. Infancy of Lenora and Lloyd Gonser Frank L. Welsheimer is appointed guardian ad litem Parts of this document are destroyed. Partition is granted by the Court of the Northeast ¼ of Section 35 and 26 66/100 acres off of the South side of? ¼ of Section 26 in Township 35 North Range 13 East. The deed executed on September 28, 1903 to Mable A. Haverstock and signed by Aston Gonzer as guardian is recorded in the Records of deeds Record number 66 page 531 The deeds wee made through a mistake on the part of the parties and are now null and void. Commissioners ordered to make partition. Page 389, 390, 391, 392 Spell out the partition to the heirs.

Order Book 41

May Term 1906, Page 121, 122, 124, 129, 189

Brayer, Nicholas W. et al

Jackman, N. T. Receiver

Plaintiff dismisses case as to Farmer’s Bank. Defendant N. YT. Jackman as Receiver files general denial. Cause is submitted to Court for trial Page 122 Evidence continued. Page 124 Evidence heard in part. Page 129 Case continued for argument. . Page 189 Case taken under advisement for purpose of preparing special finding of facts.

Order Book 34

December Term 1905, Page 34

Brayer, Nicolas W. et al

Model Gas Engine Co. et al

Other Plaintiffs: John M. Brayer and Frederick H. Voight, Other Defendant Edward A Myers.

Note; This cause dismissed by Plaintiff.

Order Book 41

December Term 1905, Page 63

Brillhart, D. O. et al

Hoover, John et al

Other Plaintiffs Albert Atz, Sophia Atz, Other defendants Unknown heirs of John Hoover, if deceased, Unknown heirs of the following people if they are deceased Ebenezer Jessup Sr, Unknown heirs of William H. Zessup, James R. Jessup, Edwin Jessup, Francis W. Jessup, Abbey Jessup, Charles Jessup and Angelina Morgan

Quiet Title. Notice published in a DeKalb Newspaper and all defendants are in default. Court finds for the Plaintiffs that they are the owners of the Real Estate in question.

Order Book 41

December Term 1906, Page 271, 272, 273

Brown, Charles M. Trustee of Auburn Commercial Club.

Draggoo, Harry, et al

Other Defendants: John Zimmerman, Norman T. Jackman, Receiver Farmers Bank of Auburn, Elizabeth McClellan, Doan A. Garwood, James Garwood, Della Sivers, Ernest L .Sivers, doing business under the firm name of the McClellan Bank and as successor of the First National Bank of Auburn. Jacob D. Leighty, William C. Patterson and Emil’s Case, doing business under the name of the St. Joe Valley Bank, Timothy J. Kinsely, David Kinsely AND George Boots doing business under the firm name of Knisely Boots, Mrs. George Boots, widow of George Boots, deceased , and all his heirs, First National Bank of Hicksville, (Ohio), Garrett Banking Company, Isaac M. Zent, Iroquois Furnace Co, Chicago, Ill, Joseph T. Ryerson, and E. L. Ryerson doing business under the firm name of Ryerson and Son, Battle Creek, S? Co, of Battle Creek, Michigan, Walter C. Hartman, Hubert Hartman and Mabel Hodge heirs at law of Ezra D. Hartman, Robert Duncan, Mrs. Robert Duncan, Daniel Comstock and Mrs. Daniel Comstock, John O. P. Sherlock, Mrs. John Sherlock, K Abbott and wife. William Oakley and wife, Surviving children of Robert Duncan, David Comstock, John, O. P. Sherlock, etc.

In Recorder’s Office, Deed Book 74 pages 28, 29 is the Copy of Decree for this case. Court decrees that the Plaintiff is owner of a part of the Northeast ¼ of the Southwest ¼ of Section 32 in Township 34 Not of Range 13 East. (with a fuller description) and the mortgages of the defendants are quieted forever.

Quiet Title. Notice published in County newspaper Court finds that the Auburn Commercial Club is the owner of the R. E. and the title is quieted forever against all defendants.

Order Book 41

May Term 1906, Page 183, December Term 1906 Page 209,267

December Term 1906, Page 209, 236, 238, 267

Brown, Mary J.

Brown, Mary J. Admix of the estate of Abraham Brown, Deceased

Hathaway, John

Hathaway, John

On Promissory Note. Case 7776 Page 209 Case continued. Page 267 Court finds that Plaintiff to recover $114.73 from defendant.

Case 7777 on Promissory Note. Page 209 Case continued. Page 236 Goes to Court Trial. Taken under advisement Page 238 Case continued. Page 267 Court finds for the defendant.

Microfilm Roll Civ. 01.

Index Point 000446

Buchanan, Hiram J. et al

Dancer, Jesse

1906 Index point 000446 to index point 000448 Case 7679

Order Book 41

December Term 1905, Page 17, 18

Camp, Tina

Russell, Alice et al

Other defendants: Husband of Alice Russell and the unknown heirs of the same.

Quiet Title. In Recorder’s Office there is a Decree for this Case. Tena Camp vs. Alice Russell, unknown heirs of her and her husband. It was decreed by the Court on December 19, 1905 that the Plaintiff is the owner of Lot 7 of Block 1 of Ozmun’s First Addition to the City of Garrett.

Order Book 41

December Term 1903, Page 381, 382, 383

Campbell, Archy et al

Hartman, Levi A. et al

Other Plaintiffs: Jacob C. Fetter partner doing business under the firm name of Campbell and Fetter, Other defendant: Eliza Hartman

Foreclosure of Mtg. Special judge refuses to retain jurisdiction of this case. Regular judge assumes jurisdiction. Court Trial. Court finds for the Plaintiffs that they are due to recover on Notes and Mortgages from the defendants $6500. Mortgage foreclosed with the defendants barred from equity of redemption forever.

Order Book 41

Microfilm Roll Civ. 01

May Term 1905, Page 90, 95, March Term 1907 Page 339

Index Point 000342

Campbell, Grace

Fraleck, Irene May et al

.

In Recorder’s Office there is a Commissioners Deed for this transaction. Other Defendants are Thomas C. Fralick, Orin (Orla?) I. Campbell, Alice Campbell, Mervale F. Campbell, Centennial Campbell, Emlin V. Campbell, Laura Campbell, Romaine C. Campbell, Charles W. Campbell, Mary Campbell, Cyril L. E. Wilson and Florence Wilson et al.

James W. Showalter and William Capp purchased the Northwest ¼ of the Southwest ¼ of Section 36 Township 35 North, Range 14 East containing 40 acres more or less for $2,02.

In Recorder’s Office there is also a Commissioner’s Deed in Deed Book 74, Pages 506, 5067 for this case where Lot 80 in Egnews Addition t the City of Butler is conveyed to Romain C. Campbell for $1360.

Partition. Attorney appears for all defendants except Wilson and Wilson. Page 95 Case continued. Page 339 Commissioners report sale of Lot 75 in Egnews Addition to the City of Butler to William and Luella Eldon for $800.

March of 1906 from Index point 000342-000444 Case 7657

Order Book 41

March Term 1904, Page 399, 446

Carr, William

Metcalf, Edward O

Foreclosure of Mortgage Defendant in default. Page 446 Court trial finds the Plaintiff should recover from defendant $160. and that the mortgage should be foreclosed.

Order Book 41

May Term 1906, Page 119, March Term 1907 Page 325

Case, Emillus et al

McNamara, Thomas

Other Plaintiff Richard Culbertson, Other

On Account Page 325 Court finds that the defendant owes $124.92 to the Plaintiffs.

Order Book 41

May Term 1906, Page 179, 190, December Term 1906 page 208

Cattell, George

Toledo and Chicago Interurban R. R. Co.

Case 7784 Damages and Mandatory Injunction. Defendant files affidavit for change of venue from the regular judge. Page 190 J. W. St. Clair appointed to try the case. Page 208 Evidence resumed and continued.

Order Book 41

December Term 1905, Page 14, May Term 1906, Page 94, 171, 175, 191, 206, 212

Cattell, John

Toledo & Chicago Interurban R. R. C.

Case 7549 See Page 180,181. In Case 7549 there was a restraining order issued : It is therefore ordered adjudged and decreed that the defendant the defendant (Toledo & Chicago Interurban R.R. Co.), its officer, agents and employees be and they are each and all herby restrained and enjoined from constructing any bridge piers abatements or bridge work in the public drain and watercourse and at the point and the places mentioned and described in the plaintiffs complaint and are hereby restrained and enjoined from placing any ties, timbers or other obstructions in the said public drain and watercourse at the points and places mentioned." This restraining order was violated by Frederick C. Perkins, General manager of said defendant co. Said Perkins to appear on the first day of October Term 1906.

Injunction Page 94 Case continued. Page 171 Case continued. Page 175 Defendant files affidavit for change of venue from regular judge. Page 191 J. W. Adair appointed judge to try this case. Page 206 Case and evidence hearing continued. Page 212 Court finds for the Defendant.

Order Book 41

December Term 1906, Page 213

Charles Stephens & Bros.

Wilson, Belle

On Account Court trial. Court finds for the Plaintiff that the defendant owes him $380.78

Order Book 41 It is

May Term 1906 Page 128

Christian, Albert et al

Moody, Harvey et al

Other Plaintiff Elizabeth Christian

Other Defendants Wife and unknown heirs of Harvey Mood, Obadiah Baer, Mary Bear, Alvin Tompkins, Sabra Tompkins, William Childs, Luset. Childs, James Earl, Abram DePew, John W Van Alstine, Mary E. Van Alstine, George W. Colwell, Janet Colwell, Cyrena M. Reed, Rauter (Ransler?) R. Reed, Isaac O. Bachtel, Amelia Bachtel, Frederick G. Fried, his wife and their unknown heirs, Daniel W. Simmers, Amada V. Simmers, George R. Bartlett, wife and unknown heirs, Joseph R. Raichart, Margaret A. Raichart, Frank P. Beck, Charlott M. Beck, Marsh & Groton Mfg. Co.

Recorder’s Office Deed Book 73 page 48, 49, 50 ,51 this Decree is recorded. Other Defendants: John A. Bartlett, Salina L. Bartlett

It is decreed by the Court that the Plaintiffs are owners a of a certain Lot known as Mill Lot in Toppings Addition to the Town of Corunna (Description then follows in the deed)

The Mortgage of Alvin Tompkins and Sabra Tompkins to Obadiah Bear in Mortgage Book 4 page 139, Book 4 page 351 and Mortgage of Cyrena M. Reed to Ransler R. Reed to Obadiah Bear, Book 5, page 331, mortgage of George F. Rowe and Celia M. Rowe to George W. Colwell and assigned to Isaac O. Bachtel, Record Book 6, page 115 dated November 21, 1867, George F. Rowe and Celia M. Rowe to John W. Van Alstine Record 6, page 115 and Joseph Raichart and Margaret A. Raichart to Daniel W. Simmers Record book 17, page 12 have all been satisfied and should be released.

Quiet Title Notice published in a DeKalb Paper of non-resident of defendants. Defendants are in default. Court finds for the plaintiff.

Order Book 41

December Term 1905, Page 34, 42, 49, May Term 1906 page 87, 106, 107

City National Bank of Auburn, IN

Farmer’s Bank of Auburn, IN

Defendant asks for a change of venue. Page 42, Plaintiff moves for Court to publish deposition of Albert C. Robbins. Page 49 Request for change of venue is overruled by the court. Page 87 Change of Venue Judge to L. W. Royse of Kosciusko Circuit Court. Page 106, 107 part of deposition of Edward L. Robins stricken. It is ruled by the Court that the Plaintiff recover $160 on a preferred Claim and that the Plaintiff recover $2400 out of defendant’s assets in duce cause of Administration.

Order Book 41

May Term 1906, Page 137, 138, 147, 149 , 150 154, 162, 165, 166

Page 183, 196

City of Garrett,

Toledo & Chicago Interurban R. R. Co.

Toledo Chicago & Interurban R.R. Co.

City of Garrett et al

Plaintiff files complaint for an injunction also bond and undertaking for a restraining order and temporary injunction with John B. Mayer and Addison Stewart as Surety. Page 138 Case continued. Page 147 Case continued. Page 149 submitted to Court for trial. Page 154 Evidence continued. Page 162 Case continued. Page 165, 166 Defendant to file a bill of exceptions. Defendant prays for appeal to Supreme Court.

Page 183 case is 7790 Complaint for injunction. Temporary injunction continued until the next day. Page 196 Plaintiff files motion for change of Venue. Moved to Allen County Superior Court.

Order Book 41

December Term 1906, Page 209

Clark, Julia

Clark, John T. et al

Other Defendants : Mary E. Clark

To declare trust? And Force conveyance of R.E. Plaintiff dismisses this action

Order Book 41

December Term 1905, Page 19, 20

Clark, Levi et al

Hamman, Daniel et al

Other Plaintiffs: Mattie Oberlin, Olive Rohm, Phila Wolf, John Clark, Jr. Irene Fee, Ina. Gertner, John Von Wagner and Freeman Von Wagner Other defendants Frederick Hammon, Adam Hammon, Allen B. Hammon, Rachel Albright, Mary Turner, Catharine Rogers, Lucinda Batemon, Phoebe Wyman and Gilbert Hammon

Notice of action in the newspaper for Daniel Hamman, Frederick Hamman, Mary Turner, Lucinda Bateman and Phoebe Wyman. Sheriff summons to Adam Hamman, Allen B. Hamman, Rachel Albright, Catharine Rogers and Gilbert Hammon Recorder’s Office states Mary Hamman instead of Mary Turner.

Quiet Title All defendants are in default. Court finds that the Plaintiffs are the owners of the real estate. Record of the deed is found in Recorder’s Office, Deed Book 72 page 494, 495. The Court decreed that the Plaintiffs are the owners of the East ¾ of the Southeast ¼ of Section 16 in Township 35 North of Range 14 East except 40 acres off the East side and containing 80 acres. It is also decreed that the mortgage executed on March 20, 1883 by Levi Clark to Harriett Button? As Administratrix of the estate of Henry Hammon and recorded in Mortgage Book 18 pages 50 and 51 has been fully paid.

Order Book 41

May Term 1906, Page 100, 168, 187

Cline, Cyrus

Fisk, Frank F.

Attachment Notice to be published of non-residency of defendant. Page 168 Plaintiff files proof of Publication. Page 187 Plea in abatement filed.

Order Book 41

May Term 1906, Page 91 December Term 1906, Page 203, 204

Cody, Mollie

Kennedy, Pat et al

Other defendant: B &. O. R. R. Co.

Proceedings supplementary to Execution. Page 203 Plaintiff dismissed this action. Page 204 same as Page 203.

Order Book 41

May Term 1906, Page 104

Coffinberry, William H.

Forsythe, Charles

Note Court finds that the Plaintiff do have and from the defendant $192.50

Order Book 41

May Term 1906, Page 121,

Commercial Bank of Union City, IN

Farmer’s Bank of Auburn, IN, N. T. Jackman, Receiver

Plaintiff dismisses the case as to Farmer’s Bank of Auburn. Case goes to Court for trial.

Order Book 41

May Term 1906, Page 123, 124, 129, 182

Commercial Bank of Union City, IN

N. T. Jackman, Receiver

Evidence Continued. Page 124 Evidence heard in part Page 129 Case continued for argument Page 182. Case taken under advisement for purpose of findings special findings.

Order Book 41

December Term 1905, Page 34

Commercial National Bank of Union City, IN

Model Gas Engine Co. et al

Other defendant Edward A Myers

On Note. Cause is dismissed at Plaintiff’s cost.

Order Book 41

December Term 1905, Page 77

Commissioners of DeKalb Co.

Grogg, Peter

Others to be notified: Union and Richland and Keyser Township

Drain. Notice to be served the plaintiff notice and deliver the same to Sheriff of DeKalb county for service.

Order Book 41

December Term 1905, Page 6, 15, 35, 36

Conner, Sarah E.

Rose, William E.

Other defendants: Ella R. Rose, Union Central Life Insurance Co., Solomon Conner

Mortgage Union Central Life Insurance Co. files a general denial and a cross Complaint against Plaintiff and all defendants. Page 15, Case cont. Page 35, 36 Plaintiff now dismisses the complaint and Union Central Life Insurance dismisses Cross-complaint.

Order Book 41

March Term 1907, Page 303, 320

Cook, Jacob et al

Dirrim, Isaac et al

Breach of contract Page 320 Case dismissed by the Plaintiff.

Order Book 41

March Term 1904, Page 406, 407, 411, 412

Cool, James M. Guardian of Lillie M., Lester and Nettie Lockwood

Penland, Laura et al

Other Defendants: Asbury V. Penland, Perlie Penland, Elise Penland, Minnie A. Penland, Alvin E. Penland, Estella Penland, Mary J. Penland and Ray B. Penland

The Partition proceedings are recorded in Deed Book 68, Page 316 in the Recorder’s Office.

Partition: Part of Document destroyed. Infancy of some defendants the court appoints James E. Rose Guardian Ad Litem. Minor defendants: Perlie, Elise, Minnie A, Alvin E., Estella, Mary J and Ray B. Penland. Laura Penland has a life estate in the undivided ½ of said R.E. so owned by the minor defendants. Partition to be made of the West ½ of the Southwest ¼ of Section 17 Township 33 and Range 13 East by setting off ½ of said R.E. in value to the other ½ to the minor defendants subject to the life estate of Laura Penland. The Curt spells out the ownership of the other individuals. Commissioners to make the partition. Page 411, 412 Commissioners Report of Partition is found on these pages.

Order Book 41

December Term 1905, Page 35

Cronin, Bessie

Fort Wayne Daily New Co. et al

Fort Wayne New Co.

Damages for life $50,000.

Order Book 41

December Term 1905, Page 2, 16, 18, 35, 43, 61, 64, 66, 67, May Term 1906, Page 87, 171, 192

Culbertson, Alexander

Krise, Howard

Other Defendant Daniel Morr

Damages Plaintiffs examination is ordered published. Page 16 Examinations of both defendants ordered published. Page 18 Depositions of W. H. Nusbaum and Albert Steckley ordered published. Page 35 Attorney files motion to suppress parts of examination. Page 43 Certain questions suppressed and bill of exceptions to be filed. Page 61 goes to Jury trial. Page 64 Taking of evidence is continued. Page 66 Further evidence is heard. Page 67 Jury finds for the Defendant. Page 87 Affidavit of Howard W. Krise in opposition to retax costs. Page 171 Case continued. Page 192 retax overruled by court. Plaintiff prays for appeal to appellate court.

Order Book 41

December Term 1905, Page 4

Culver, Samuel

Chippel furnace Co

On Contract

Order Book 41

December Term 1906, Page 207, 210, 215, March Term 1907 Page 294, 318

David Bradley Manufacturing Co.

Krabill, Henry W.

On Contract. Page 210 Case continued. Page 215 Case continued. Page 294 Case continued. Page 318 Case continued.

Order Book 41

December Term 1905, Page 73, 74

Dawson, George et al

Franklin, Revel? B. et al

Other Plaintiff: Mary A. Dawson, Other defendants: Laura Franklin, James Blake and his unknown heirs, also the unknown heirs of: Orpah Blake, Collins Blake, Mrs. Collins Blake, Revel Blake, Mrs. Revel Blake, Miles Blake and Mrs. Miles Blake, Mrs. Samuel Davidson, Mrs. Charles McCool, Charles McCool, George Miers, Mrs. Samuel Davidson’s unknown heirs.

Quiet Title. Notice filed for all defendants except Collins, Blake and wife, Revel Blake and Wife, Miles Blake and wife. Defendants are in default. Court finds that the mortgage in complaint has been fully paid and satisfied. Plaintiff is the owner of the said R.E. In Recorder’s Office the deed for this transaction is recorded. Case was tried on January 31, 1905 and the Court decreed for the Plaintiff that he is the owner of a part of the East ½ of the Northeast 14 of Section 18, Township 34 North, Range 12 East bounded by …Mortgage executed by Charles McCool to the defendants on June 22, 1855 is fully paid.

Order Book 41

December Term 1906, Page 208, March Term 1907, Page 361

DeKalb County Building & Loan Association

Wells, Ina M. et al

Foreclosure of Mortgage. Mary J. Mountz files cross-complaint against Plaintiff and her codefendants. Wells and Wells summons to sheriff to Noble County. Page 361 Complaint and cross-complaint dimissed by the Plaintiff.

Order Book 41

December Term 1906, Page 211

DeKalb County Building & Loan Association

Zwinbrecker, Catharine et al

Other Defendants Frizt Zwinbrecker

Note and Foreclosure of Mortgage. Defendants in default.

Order Book 41

May Term 1906, Page 92, 133

DeKalb County Building & Loan Association.

Lobdell, Theresa et al

Other Defendant: Mollie L. Lobdell

Mortgage. Attorney appears for defendant. Page 133 Cause is dismissed.

Order Book 41

December Term 1903, Page 387, 388

DeKalb Hardware Co.

Lockwood, Lymon et al

Other Defendant: Mary Lockwood

Mechanics Lien Defendants in default. Court finds that the Plaintiff is entitled to recover $28.55 from defendants and that this is secured by a Mechanics Lien and lots 251, 252, 280, 299 in the Original Plat of the City of Auburn.. R. E. to be sold

Order Book 41

May Term 1904, Page 423, 424

Dietrick, Daniel

Michner, Benjamin et al

Other Defendant Sina Michner, Zenith Stamets, Frank Stamets, William Stamets and Clara Feagler.

A copy of the Commissioner’ Deed is recorded in the Deed Book 68, pages 134, 135

Case 6985. D. R. Best appointed Special Judge May 27, 1904 Parties agree and dismiss the case as to Sina Michner, Benjamin Michner. Plaintiff to have a specific performance of the contract as in the complaint . Commissioner appointed for the conveyance to the Plaintiff Daniel Dietrich is of Defiance County, Ohio A part of the Southwest ¼ of Section 32, Township 34, North of range 13 East. (fuller description follows) in the City of Auburn.

Order Book 41

March Term 1907, Page 290, 330

Dirrim, Isaac

Mursch, Nancy J.

On Account Page 330 Case continued.

Order Book 41

December Term 1906, Page 208, 210, 214, March Term 1907, Page 293

Draggoo, Harry D.

Hathaway, John H. et al

Other Defendants: Albert Hathaway and Levi Rowland

Promissory Note. Page 210 Notice published. Page 214 Case continued. Page 293 Case continued.

Order Book 41

May Term 1906, Page 120, 122, 124, 129, 189

Edgerton State Bank

Jackman, N. T. Receiver

Plaintiff dismisses as to Farmers Bank. Cause submitted to Court for trial. Page 122 Evidence continued. Page 124 Evidence heard in part Page 129 Case continued for argument. Page 189 Case taken under advisement for purpose of preparing special finding of facts.

Order Book 41

December Term 1905, Page 34

Edgerton State Banking Co.

Mountz, Howard W. Receiver

Mounts is receiver of the Model Gas Engine Co.

On Note. Case dismissed at Plaintiff’s cost.

Order Book 41

May Term 1906, Page 151, 193

Ensley, Nicholas et al

Markel, Solomon et al

Other Plaintiff: Nancy A. Stafford Other Defendants: Wife and unknown heirs of Solomon Markel if deceased, R. N. Skekels and wife if living and if not, their unknown heirs Noah Shekels and wife, if living if not unknown heirs. Willis Eldridge and wife, if living if not their unknown heirs.

In the Recorder’s Office, Deed Book 73, pages, 139 140 this decree is recorded. Plaintiff name look lie Nicholas Enstey and Nancy A. Stafford. Land: 100 acres of land off of he South side of the Southeast ¼ of Section 31 in Township 34 North of Range 13 East (added description follows in the deed) Court decrees for the Plaintiff.

Notice filed to non-residents is given the St. Joe News. Page 193 Notice filed in an Auburn Newspaper on July 11, 18, 25, 1906. Defendants in default. Court finds for the Plaintiffs and defendants title forever quieted.

Order Book 41

December Term 1903, Page 372, 373

Everett, Jasper

Emerson, John,

Other defendants: Unknown heirs of John Emerson, unknown heirs of Peter W. Ledue or Ladue, deceased and unknown heirs of Abraham Beecher.

In Recorder’s Office the deed for this transaction is recorded. Court decreed that the Plaintiff was the owner of the property and defendants claims quieted forever.

Quiet Title. Notice of Action published in the Auburn Dispatch. Defendants in default. Court rules that the Plaintiff is the owner of the R. E. bounded by a line commencing in the center of the Highway leading from Hamilton to Butler at the Northwest corner of the lad formerly owned by Nathan Sewell and about 32 chains and 34 links north of the South line of Section 3 in Township 35 North of Range 14 East. Etc.

Order Bank 41

May Term 1906, Page 121

First National Bank of Bryan, O

Farmers Bank of Auburn, N. T. Jackman Receiver

Plaintiff dismisses the case as to Farmer’s Bank. Case continued.

Order Book 41

May Term 1906, Page 123, 124, 129

First National Bank of Bryan, O

N. T. Jackman, Receiver

Evidence continued. Page 124 Evidence heard in part Page 129 Case continued for argument

Order Book 41

December Term 1905, Page 122, 124,129, 182

First National Bank of Fostoria, Ohio

Jackman, N. T. Receiver

Evidence continued Page 124 Evidence heard in part Page 129 Case continued for argument. Page 182. Case taken under advisement for purpose of findings special findings.

Order Book 41

December Term 1905, Page 41

First National Bank of Fostoria, Ohio

Model Gas Engine Co. et al

Other Defendant: Edward A. Myers

Note and for receipt. Cause is dismissed at the Plaintiff’s cost.

Order Book 41

May Term 1906, Page 120, 121, 122 124, 129, 182

First National Bank of Vernon, IN

Farmers Bank of Auburn, N. T. Jackman, Receiver

`

Plaintiff dismisses case as to Farmer’s Bank and cause is submitted to court for trial. Page 121 Case continued. Page 122 Evidence continued. Page 124 Evidence heard in part Page 129 Case continued for argument. Page 182. Case taken under advisement for purpose of findings special findings.

Order Book 41

December Term 1905, page 20

Fitch, Amos

Harkey, Andrew et al

Other Defendants: Dora Harkey, Eva Harkey

To set aside deed. Attorneys appear for the defendants

Order Book 41

May Term 1906, Page 103, 137

Fralick, John

Harkey, Andrew M. et al

Other Defendant: Dora Harkey

Dora Harkey files for a non protunce and it is overruled. Plaintiff files for a change of Venue form regular Judge for reason that regular judge is witness. Motion sustained and J. W. Adair is appointed judge of the case. Page 137 Same as the above for change of Judge

Order Book 41

December Term 1905, Page 2, 7, May Term 1906, Page 137

Frederick, John et al

Harkey, Andrew M. et al

Other Plaintiff: Thomas Vondalah, other Defendant Dora Harkey

To set aside deed and declare judgment a lien. Page 2 Motion set for trial. Page 7 Plaintiff dismisses the case. Page 137 Defendant files change of venue from Judge Joseph W. Adair

Order Book 41

December Term 1905, Page 48, 70

Freeze, A. John

Baltimore & Ohio R. R. Co.

Court sustains the publishing of depositions. Submitted to the Court for trial. Court finds for the Plaintiff. Plaintiff to recover $50.37 from defendant. Page 70 Defendant appeals to Superior Court.

Order Book 41

December Term 1906 Page 211, 212, 214, March Term 1907 Page 321, 352, 359

Friend, Norris Adm. Of the estate of Minerva Keen, Deceased

Keen, Wesley

Other defendant: Amos E. Keen

Accounting (Case 7866, and 7867) Page 212 Defendant is Amos E. Keen (Case 7865) Page 214 Case 7866 and 7867, 7865 Case is continued. Page 321 (Case 7867, 7865) Submitted to Court for trial. Page 352 (Case 7865, 7866, 7867) Cases continued. Page 358 (all above cases) Evidence concluded and continued for argument.

Order Book 41

March Term 1904, Page 410, May Term 1904, Page 422, 423

Fryer, Della

Mason, Wave?

Commissioner’s Deed is recorded in Deed Book 68, page 58 in the Recorder’s Office. For the sum of $900 the lot was conveyed to Samuel W. Hartsock.

Partition. Infancy of said defendant, suggested, Daniel M. Link is appointed guardian ad litem. Court finds that the Plaintiff and Defendant are both owners of the undivided ½ of the R.E. R. E. ordered to be sold (Lot #7 in Block 47 in Cowan’s Addition to the City of Garrett) Page 422, 423 Appraised at $800. Sold to Samuel W. Hardsock for $900. Lot 7 in Block 47 in Cowans Addition to the City of Garrett.

Order Book 41

March Term 1907, Page 346

Furnish, Sylvia E. et al

Others involved in the case: Carrie E. Kesler, Elmer J. Shutt, Marion F. Shutt, Andrew J. Shutt, Scudder E. Shutt, N Weldon Shutt and Bertha A. Shutt

To set aside will. Submitted to Court without a jury. Court finds that the decedent was at the time of the signing the alleged will of unsound mind and incapable of Making a will. Will set aside.

Order Book 41

December Term 1905, Page 38

Garen, John R.

Baltimore & Ohio R. R. Co.

On Contract. Cause is dismissed at Plaintiff’s costs.

Order Book 41

December Term 1906, Page 208, March Term 1907, Page 298, 299

Garrett Lumber Co.

Oberholtzer, George et al

Other Defendants: William Howe, Jacob Patterson, Charles W. Camp, Carl Heinzerling, William Frederick, Richard R. Bradley, Samuel D. Johnson, Richard Moran, Charles H. Stewart

On account. Alias summons ordered. Page 298,299 Defendants in default. Court finds for the Plaintiff that he is to recover $196.37

Order Book 41

December Term 1905, Page 59

Garrett R. E. Co.

Reyher, John V.

On Note and Mortgage. Attorney appears for the defendant.

Order Book 41

December Term 1905, Page 77

Geisinger, Effie

Gratz, Jacob et al

Other Defendant Sabrina Rowley

Quiet Title.

Order Book 41

December Term 1905, Page 45

Geisinger, Effie A.

Luttmon, Eli H.

Other Defendant: Elizabeth Luttman

Quiet Title. Case is dismissed.

Order Book 41

December Term 1906, Page 270, 274

Geisinger, Lewis N

Nusbaum, William H.

Injunction Submitted to court for trial. Evidence being heard. Page 274 Case continued.

Order Book 41

December Term 1906, Page 204, 240, 275

Gettz, John

Gettz, William F. et al

Other Defendants: Jacob Gettz, Rebecca Pontius, Amanda Gettz, Jennie Stevenson

Commissioners Deed recorded in Deed Book 73, pages 521, 522. Land 35 acres off of the North end of the West ½ of the Southwest ¼ of Section 12, Township 35 North Range 12 East.

Partition. Sale and mortgage (see Real Estate Office.) Page 24 $50 taxed for attorney fees. Page 275 Appraised at $1800. Notice of sale to George A. Sweitzer for $2100.

Order Book 41

May Term 1906, Page 150, 159

Goodale, William

Carpenter, Charles J. et al

For injunction and damages. Summons order for the Steuben Sheriff to summon Charles J. Carpenter. And to Allen County Sheriff for Fort Wayne Water & Power Co. (part of document destroyed by fire. Page 159 Most of this document is destroyed by 1913 fire. Damages were for $8,000.

Order Book 41

December Term 1905 Page 42

Gordon, George W.

Shull, Henry C.

Judgment. Case is dismissed .

Order Book 41

December Term 1905, Page 61, 62

Graham, John M. et al

Pence, David et al

Other Plaintiff Emma E. Graham Other Defendants: Unknown heirs of David Pence, Jacob Teeters and his unknown heirs, Mary Teeters and her unknown heirs, David Pence and his unknown heirs, John Diller and his unknown Heirs, Katharine Diller and her unknown heirs.

Quiet Title. Notice published in a newspaper in DeKalb County. Defendants are in default. Court finds that John and Emma E. Graham are owners and the title is to be quieted for the Real Estate in question. In the Recorder’s Office there is a deed in Book 72 pages 103 & 104 for this transaction. On January 25, 1906 the Court decreed that the Plaintiff is the owner of the West ½ of the Southeast ¼ of the Southwest ¼ of Section 21, Township 33 North of Range 12 East.

Order Book 41

December Term 1906, Page 217, 264

Greenamyer, John D. Adm of the Estate of John Kenaga

Myers, Elmer

ON Note and Mortgage. Page 264 Dismissed by Plaintiff.

Order Book 41

December Term 1905, Page 14

Greenwald, Samuel A.

Lake Shore and M. S. R. R. Co.

Cause is dismissed by the Plaintiff.

Order Book 41

Adjourned December Term 1903, Page 365,370, 371, March Term 1904, Page 413

Gregg, Ella

Costin, Elmora

Other defendants Dennis Costin and Margaret Britinger, Murrel Coughlin

Partition Page 370 , 371 Minority of defendant Murrel Coughlin the Court appoints W. W. Sharpless, guardian ad litem. Page 413 Dismissed by the parties involved.

Order Book 41

March Term 1907, Page 316, 321

Griffith, Minerva

Smith, Laura B.

Damages Defendant files affidavit of non-residency of Plaintiff. Plaintiff ordered to file a cost bond. Page 321 Dismissed by Plaintiff.

Order Book 41

December Term 1905, Page 44

Grim, William A.

Baltimore & Ohio R. R. Co.

On contract. Case is now dismissed at Plaintiff’s cost.

Order Book 41

May Term 1906, Page 86

Griswald, Lucy A.

McElprernie, John W. et al

Other Defendants Nellie McElhernie, Addison C. Girswald, Olive Britzel, Bethel Methodist Episcopal Church near Huntertown, Allen County, IN., Nellie G. Beaty and Lucy A. Porter

To ? Probate of Will. Defendant answers of general denial.

Order Book 41

December Term 1905, Page 34, 69, May Term 1906, Page 98

Groh, Lizzie et al

Zonker, Emma

Other Plaintiffs: Clara E. Hovarter, Maggie Swagger

Ejectment. Death of Anthony Zonker is suggested and the other Plaintiffs and defendants are the relatives of the plaintiff. It is mentioned that Emma Zonker was married to a Swagger, the name of Emma Zonker be changed to Maggie Swagger. Page 69 Examination of Defendant ordered published. Page 98 Each party to pay his or her costs.

Order Book 41

December Term 1906, Page 225, 228, 266, March Term 1907 Page 310

Groscup, Fred, Trustee of Keyser Township.

Toledo & Chicago Interurban R. R. C.

Damages Page 228 Case continued. Page 266 Case continued. Page 310 Change of Venue to Whitley Circuit Court, Whitley County.

Order Book 41

May Term 1906, Page 149

Gunsaullus, William A.

Baltimore and Ohio R. R. Co.

Damages Petition by Defendant to removed this cause to the United Sates Circuit Court for the district of Indiana. Court grants motion.

Order Book 41

May Term 1906, Page 91, 92,

Haag, Irvin

Cornell, Percy B.

On Note: Defendant is three times called and is in default. Court decrees that Plaintiff is entitled to $123.50 and all costs of this action.

Order Book 41

May Term 1906, Page 98

Haag, Oliver

Schoff, Philip

On Account.

Order Book 41

December Term 1906, Page 219, 225, 226, 227, 228, 229, 336, 362

Haight, Caroline

Cameron, Robert C.

Court sustains motion for Publication of examination of Caroline Haight. Page 228 Case continued. Page 226 Evidence continued. Page 227, 228 Goes to jury trial and final evidence given. Page 229 Jury finds general verdict for the Plaintiff $200 Defendant given 15 days to file a bill of exceptions. Page 336 Court rules for the Plaintiff that she is due $200. Defendant prays an appeal to Appellate Court. Bond $500 with Clyde C. Carlin and John G. Geagley? As sureties. Page 362 certain papers in this case have been lost or mislaid: transcript of the Steuben Circuit Court on change of Venue. (most of the document destroyed by fire of 1913)

Order Book 41

March Term 1907 Page 316

Haines, Charles Surviving Partner

Zimmerman, Edgar G.

See Houser, Charles.?

Foreclosure of Mechanics Lien. Dismissed by Plaintiff.

Order Book 41

March Term 1907, Page 299, 334, 335, 336

Haines, John et al

Grueter, Henry

Other Plaintiff: Eva M. Haines

Damages Page 334 Examination of Defendant and Plaintiff ordered published Goes to Jury for trial. Evidence is being heard. Page 335 Jury retires. Page 336 Jury finds for the defendant (part of this document destroyed by fire) Plaintiff files for a new trial, which is overruled, and 60 days granted to file Bills of Exception.

Order Book 41

December Term 1905, Page 40

Hamilton, William

Baltimore and Ohio R. R. Co.

Damages & Nuisance/? Attorney appears for the defendant.

Order Book 41

Microfilm Roll Civ. 01

May Term 1906, Page 102, 174, 175

Index Point 000511

Hartz, Martin

Birdsell, John R. et al

In Recorder’s Office Deed Book 71, Pages 161, 162, 163 the deed for this transaction. Other Defendants are Mrs. John O. Birdsell. (note that here the defendant has middle initial of "o" Almira Elizabeth Birdsell, George Dana Budman Birdsell, Mrs. George Dana Budman Birdsell, William Larry Birdsell and wife, Francis Mason Birdsell and wife, John A. Judson Birdsell and wife, Ephraim R. Woodbury and wife, Sarah R. Woodbury, James Woodbury and wife, Harriett Look, George D.B. Birdsell, Mary McDowell, J. Frank McDowell, John Roy McDowell, Ida Morris, Minnie M. Baxter, Nannie Leaser, Elias H. Palmer, Sarah Palmer wife of Elias, Evan Jones Susan Hutton, Henry M. Sutton wife of Susan, Frank Boren, Margaret Bore his wife, Millie Wilderson, Elmer Wilderson husband of Millie, Cora Speer, and husband John, Solomon Bowers and wife, Catharine Olinger, William Olinger, Anna Olinger, Cyrus Olinger, Martha Olinger, Anna Olinger, Adeline Shull, Eli W. Shull and the heirs of the estates of the above.

Quiet title. Pages 174, 175 Notice to non-residents in the Auburn Dispatch Court finds for the Plaintiff that he is owner of the land and satisfaction should be entered in the mortgage record in the Recorders office. Deed found in Recorder’s Office Deed Book 71, pages 161, 162, 163. with a description of the land in Section 26, Township 34, North Range 12 East.

The Mortgages are to be canceled. Mortgage executed by Ephraim R. Woodbury to John A. Judson Birdsell and recorded in Mortgage book 2 page 340, Jacob Grogg to Ephraim Woodbury, recorded in Book 3, page 437 Adam Leisey and Catharine Leisey to Elias H. Palmer in mortgage book 3 Page 483, Catharine Leisey and Adam Leisey to Elijah McDowell in Mortgage Book 5 Page 314, Adam Leisey to Evan Jones Mortgage book 12 page 112, George W. Olinger to Henry M. Hutton Mortgage Book 12 page 431, are all fully paid. And canceled.

Case 7714. in 1906 Index Point 000511 to index Point 000517

Order Book 41

May Term 1906, Page 90, 132, 133

Hauck, Andrew

Zerkle, Urich

Damages. Page 132 Jury trial. Evidence is being heard. Page 133 Case is dismissed without prejudice at costs to Plaintiff.

Order Book 41

December Term 1905, Page 33, 80

Haynes, Fred

Watson, E. L. et al

Other Defendant Lydia C. Watson

On Replevin Bond Defendant files Pleas in abatement. Page 80 Cause was dismissed by Plaintiff.

Order Book 41

May Term 1906, Page ,105, 164

Helsenbeck, Ferdinand

Hock, Edward et al

Other defendant Louisa Hock

Injunction and damages. Page 105 Defendant ruled to answer. Page 164 Cause is dismissed

Order Book 41

December Term 1906, Page 231

Herrick, Daniel

Kessler, Theodore

On Account. Court finds for the Plaintiff that he is allowed $76.73.

Order Book 41

May Term 1906, Page 97

Higley, Luther H.

Palmerton, Sarah

On Account. Defendant appears by Attorney. Submitted to Court trial . Court finds for the Plaintiff and is entitled to $124.70

Order Book 41

December Term 1906, Page 264

Hill, Emil

Stagus, L. H.

Note Dismissed at Plaintiff’s cost.

Order Book 41

December Term 1905, Page 7, 23, 71

Hill, Hulda F.

Korr, Thomas et al

Edward Hayes

Mortgage Summons issued for defendant Thomas Korr. Page 23 Thomas Korr in default. Edward Hayes filed a cross-complaint. Page 71 Mortgages to be foreclosed.

Order Book 41

October Term 1904, Page 436

December Term 1905 Page 44, 63, 64, 66, 67, 69, 72

Hines, Francis M.

Modern Buggy Co.

There is a deed recorded for this case in Deed Book 68, Page 547 in the Recorder’s Office.

Receiver . H. Kiblinger Co bid $25,300 for the R. E. and Personal Property Sold to the same for the above amount of money. William H. Rakestraw was Receiver of Modern Buggy Co. Part of document destroyed by 1913 fire.

Receiver petitions for notice to sell certain real estate. Irvin Imler rendered Oct 26, 1905, $25.42. Page 66 Further claims. Page 67 Case continued. Page 69 Receiver files claim for services. Page 72 Final report filed by J McClellan receiver.

Order Book 41

December Term 1903, Page 383

Hoblowetz or Hablawetz, Anton

Mohr, Phillip et al

Other Defendant Frank Countryman

Copy of Decree is recorded in the Recorder’s Office Deed Book 67 page 477. Court decreed that the Plaintiff was the owner of the Northwest ¼ of the Northwest ¼ and the West ½ of the Northeast ¼ of the Northwest ¼ all in Section 36, Township 34 North of Range 14 East. The Mortgage executed by Anton Hablawetz and Anna Hablawetz his wife on April 1, 1880 to Philip Mohr and recorded in Mortgage Book 14 pages 568, 569 is fully paid and satisfied.

Quiet Title and Cancel Mortgage. Notice filed in the DeKalb County Herald of non-residency of Defendant.

Order Book 41

May Term 1906, Page 90

Holbrook, Luther L.

Holbrook, Margaret E.

Other Defendant: Sanford S. Holbrook

Partition. Need to see the Recorder’s office for decree. In the Recorder’s Office Deed Book 71, Page 182,183 the Partition Deed is recorded. The Report of the Commissioners and the division of property located in Section 31, Township 33 North Range 12 East.

Order Book 41

December Term 1905, Page 14, 31, 43, 53

Hollinger, David.

Groscup, Vern

Other Defendant Hermon D. Bovjer, auditor George W. Probst Treasurer

Injunction Page 31 Attorneys appear for the defendants. Page 43 Case continued. Page 53 By agreement the cause is settled and dismissed.

Order Book 41

May Term 1906, Page 105

Holsenbeck, Ferdinand

Hook, Edward et al

Other Defendant: Louis Hook

Injunction and Damages defendants appear by their attorney.

Order Book 41

December Term 1905, Page 54

Hoover, Marinda

Hoover, Merritt

Proceedings supplemental to execution. Cause is dismissed for want of Prosecution.

Order Book 41

December Term 1906, Page 238, March Term 1907, Page 305, March Term 1907, Page 360

Houghton, Charles A.

Houghton, Darius H. et al

Other defendants Samantha D. Leland, Henrietta P Otto. Philenia S. Johnson

In Recorder’s Conveys to Lewis H. Jacoby for $2,000 Lot 52 and 222 feet off of the South side of the Lot 52 in the Original Plat of the City of Auburn.

Affidavit of non-residency of all defendants. Publication in the Auburn Dispatch Page 307 Court finds that Partition should be granted and sold by Commissioners. Page 360 Private sale fails and is now open to Public Sale. Notice filed in the Auburn Dispatch.

Order Book 41

December Term 1906, Page 240 March Term 1907 Page 325

Houghton, Darius H.

Leland, Samantha

On note and attachment. Page 325 Case dismissed by the Plaintiff.

Order Book 41

December Term 1905, Page 3

Houser, Charles

Lane, Alfred

Mechanics Lien. Cause is dismissed. Case 7565

Order Book 41

March Term 1907, Page 294

Houser, Charles, Surviving Partner

Zimmerman, Edgar G.

See Haines, Charles ?

Foreclosure of Mechanics Lien attorney appears for defendant.

Order Book 41

December Term 1905, Page 38, 58, 59

Hughes, George A.

Swantuck, Fred et al

Other Defendant: Nelson Larkin (unknown heirs of Nelson Larkin, Walter Welsh and his unknown heirs, Russell A. Kneeland and his unknown heirs, Emaline A. Scott and her unknown heirs, Simon Baker and his unknown heirs.

This decree is recorded in Deed Book 73 Pages 194, 195 in Recorder’s Office. Court decrees for the Plaintiff that his is the owner of Lot 16 in Lisle’s First Addition to the City of Garrett.

Quiet Title. Notice of Cause published in the Auburn Dispatch . 16, 1905. All defendants are in default. Page 58 , 59 Fred Swantuck in default. Court finds for the defendant an he is the owner of the Real Estate as recorded in the Recorder’s Office.

Order Book 41

March Term 1907, Page 291, 303

Huyck, John T.

Hawkins, John Guardian of George McClellan

To declare of unsound mind. Page 303 Court finds that George McClellan is sane and John B. Hawkins Guardian and does need to remain as guardian.

Order Book 41

May Term 1906, Page 92

Imler, Irvin

Cornell, Percy B.

On Note. Cause is dismissed.

Order Book 41

May Term 1906, Page 114

International Harvester Co.

Provines, Frank A.

Mortgage Court finds for the Plaintiff that the defendant owes $103.12 Plaintiff is allowed to foreclose on the chattel mortgage and sold.

Order Book 41

December Term 1905, Page 5, 17, 31, 38

Jackson, Martha S.

Jackson, Gill

Other Defendants Levi M. Jackson and Juliet Leige? (Lige), Delbert D. Jackson, Martin L. Hoffman as Executor of the Will of Levi Jackson, deceased.

In Recorder’s Office Deed Book 71, Pages 183 the Partition is recorded.

Partition Page 17 Martha Jackson is the wife of Levi Jackson, deceased and is entitled to 1/3 of said real estate. The defendants are the owners of the other 2/3. Court orders the land to be portioned. Page 31 Commissioners Michael Boland and John Eakright file their report. Page 38 Report by Commissioners examined and approved.

Order Book 41

December Term 1906, Page 220, 292, 293

Johnson, George F.

Young, Josiah et al

Other Defendants: wife of Josiah Young, decedents of both.

In Recorder’s Office Deed Book 74 pages 92, 93 this Decree is recorded. The Plaintiff is the owner of the South ½ of the South ½ of the Southwest ¼ of Section 5 in Township 33 North of Range 15 East containing 40 acres.

To Quit Title. Notice of non-residency of defendant filed. Defendants in default. Court finds for the Plaintiff that he is the owner of the R.E.

Order Book 41

December Term 1905, Page 6, 38, 93

Johnson, Melville W.

Riccius, Herman

Injunction. Plaintiff is ordered to appear at the Court House Thursday, December 21, 1905 and submit to an examination under oath. Page 38. Case continued. Page 93 Case continued.

Order Book 41

May Term 1906, Page 95

Jones, John W.

Jones, Harrison W.

Quiet Title. Notice of action published in the Auburn Dispatch. Defendant in default. Court finds that the Plaintiff is owner of the R. E. mentioned in cause and the title should be quieted. In Recorder’s Office this deed is recorded in Deed Book 72, page 481. It is decreed by the Court that the plaintiff is the owner of a tract of land 20 feet wide, east and west off of the East end of lot 213 in the Original plat of the City of Auburn.

Order Book 41

December Term 1905, Page 67

Jones, William N.

Board of Commissioners of DeKalb Count

Comes now the Defendant and suggests the death of Plaintiff.

Order Book 41

December Term 1906, Page 265, March Term 1907, Page 294

Juday, Emeline et al

Reyher, Mary V. et al

In Recorder’s Office Deed Book 71, Page 473 is a Commissioners Deed for this case. The Plaintiffs were Emetine Juday, Thomas J. Juday, Emeline Juday a guardian of Orphia Zimmer a minor, Elizabeth Ott, Thomas To, William Zimmer and Mary Belle Zimmer. Defendants were Mary V. Reyher, Edward C. Reyher, Hershall Thomas Administrator of the estate of Michael Zimmer, deceased, Mary V. Rehyer administrator of the estate of Sophia Zimmer, deceased.

Partition. Herschell W. Thomas administrator of Michael Zimmer estate. Page 294 Attorney appears for defendants. The strip of ground was 46 ½ feet wide out of the center of lots 9, 10, 11, and 12 lying East of a line running North and South through said lots 32 feet East of the West end of said lots all in Block 17 in the Original Plat to the City of Garrett.

Order Book 41

May Term 1906, Page 96, 97

Kalb, William A.

McEndarfer, George et al

Other defendants: Unknown heirs of the following: George McEndarfer, John McEndarfer, George McEntarfer, Adaline McEntarfer, And the following defendants: Catharine Gfeller, Samuel Gfeller, Mary Ann Dickinson, John Franklin McEntarfer, Angeline McEntarferf, and unknown heirs, George McEntarfeer, J. Franklin McEnterffer, Catharine McEntarfer, Hiram McEntarfer, May McEnterfer and Olive A. Long and her unknown heirs.

Quiet Title: Notice published March 29, April 5 in local newspaper. All defendants three times called and are in default. Court trial finds for the Plaintiff and Title to be quieted against all defendants.

Order Book 41

March Term 1907, Page 291, 344, 354

Keach, James L.

Baker, Davis A

Account. Page 344 Case continued. Page 354 Examination of Defendant ordered published.

Order Book 41

December Term 1905, Page 23, 56

Keen, John, Guardian of the Estate of Jay M. Boren et al

Boren, Mahlon

Other Plaintiffs; Lottie M. Boren, Mary L. Boren, Cora V. Boren, Amos H. Boren, and John L.. Boren , Minor her of Sara A. Boren deceased

See also Order Book 42 page 114 foreclosure of Mortgage

Case 7589 Conversion. Defendant in default. Court finds for the Plaintiffs that they are due $368 from the Defendant . Page 56 Mahlon Boren files verified motion to set aside all proceedings subsequent to the default and for a writ of inquiry to asses the damages. Court sustains and judgment rendered against the defendant is vacated and cause is continued for evidence.

Order Book 41

March Term 1907 Page 329, 346

Keller, Mary A.

Keller, Grant A et al

Other Defendant: Cora B. Keller

To Declare and Enforce Vendors Lien on R. E. Page 346 Case continued.

Order Book 41

May Term 1906, Page 88, 95

Kelley, Melissa

Rainer, Joseph et al

Recorder’s Office lists other defendants as Byron Rainer, Arsemus Rainer, Anna Harris and William Sheffer.

Quiet Title and Cancel Mortgage. Attorney withdraws his appearance for Defendants. Page 95 no details. The deed for this transaction is recorded in the Recorder’s Office Deed Book 72, Pages 482, 483. The Court decreed that the Plaintiff was the owner of the South 1/3 of fractional section 4 in Township 33 North of Range 15 East, Also that the Mortgage executed on September 21, 1861 by James Colgrove with his wife to Levi D. Rainer and recorded in Mortgage Book 3 Page 559 and the Mortgage executed on December 21, 1862 by Alpha W. Smith to Levi drainer and appearing in mortgage record 4 page 105 have been satisfied.

Order Book 41

March Term 1907, Page 307, 321, 328

Kenery, Frank

Hawer, Benj. F.

Contract for services Page 321 Case continued. Page 328 Case continued.

Order Book 41

Microfilm Roll Civ. 001

March Term 1907, Page 307

Index Point 000789

Kenery, Neyrtilla or Mrytilla

Zeigler, Eunice

Quiet Title and recover possession of R. E.

Case 7933 in 1907. Index point 000789-000792.

Order Book 41

December Term 1906, Page 207, March Term 1907 Page 294, 316, 331

Kenney Machine Co.

Bartels, Henry C. W. et al

? Herbelhamier? ? Clark

On Note. Page 294 Case continued. Page 316 Promissory Note Page 331 Case continued.

Order Book 41

December Term 1906, Page 270, 271

Kiplinger, Anthony

? Kruse (wife of Frederick Kruse? et al

Other Defendants: Frederick Kruse? deceased , Hiram P. Colegrove, wife and unknown heirs, William Wallace and unknown heirs, L. M. Hilson and unknown heirs, T. M Hilson and unknown heirs, Theopolis Bucks and unknown heirs.

In Recorder’s Office, Deed Book 74, Pages 31, 32 the defendants’ name Is Krum not Kruse. It is decreed that the Plaintiff is owner of Lot 12 in Colgrove & Welch Addition in the town of Uniontown (now Waterloo). And the defendant’s interest quieted forever.

Quiet Title. Notice filed in a newspaper of DeKalb County, Defendants are in default. Plaintiff is owner of the Real Estate in question.

Order Book 41

May Term 1906, Page 104

Kipp Brothers Co.

Willis, Marion B.

On account. Submitted to court for trial. Court finds for Plaintiff and Plaintiff is due $75.60 from defendant.

Order Book 41

March Term 1907, Page 295, 302, 327, 360

Knepper, William

Detrick, William H. et al

Susan Detrick

Foreclosure of Mechanics Lien. Page 302 No details case continued. Page 327 Case taken under advisement. Page 360 Court finds for the Defendants.

Order Book 41

March Term 1907, Page 305

Knisely, Charles D.

Haverstock, Samuel

Note. Dismissed.

Order Book 41

Microfilm Roll Civ. 01

May Term 1906, Page 148, 184, 185, 186

Index Point 000502

Knisely, Charles D. et al

Lake Shore & Michigan Southern R. R. Co. et al

Other Plaintiff: Jennie B. Knisely Other Defendants: James Morrow, Mary Morrow and unknown heirs, of both James and Mary, William Shaffer, Mary Shaffer, Joel E. Hendricks, Leah Hendricks and their unknown heirs, Peter Gilchrist, Flora Gilchrist and their unknown heirs, Archibald Gilchrist, Mary J. Gilchrist and their unknown heirs, Minnie Voss and heirs, Edward Till and unknown heirs, William Till, Jay B. Stough and unknown heirs, Jay S. Stough, Adelia A. Stough and unknown heirs, Samuel Stough and unknown heirs, Frank Jones, Anna Ober, Della Loutzenhiser, Harrison Jones, Isaac Jones, John Jones, Mary DeWitt, Ezekiel Jones, Sarah Jones, Frank L. Jones, Ota Lease, Josephine Miles, Nora Rainier, Mary Ferguson, Daisy Jones, Edward Jones, Mary Epsy, Susan Hall, Pearl Kelley, Hattie Kelley, Elizabeth Kelley, Norma Kelley, Jannette Kelley, Celia Kelley, Cyrus Kelley, Alfred Kelley, Charles Bassett, Clara Walswornt, Betsy Rummell, William Bassett, Lovina Parks, Alzina Squier, Frank Bevier, Amanda Bevier, Mary Dunneberger, Anna Bevier, Anna Dunnberger, George E. Boots, John Sims, Isabella Sims and the unknown heirs of John and Isabella.

Infancy of Hattie Kelley, Vernon Kelley, Jeanette Kelley, Celia Kelley, Cyrus Kelley, Daniel M. Link is appointed guardian ad litem

Quiet Title. Amended complaint filed as to Anna Buss, showing her true names as Anna Dunnebarger. Summons ordered for Anna Dunnebarger and Della Loutzenhiser. Page 184, 185, 186 Notice published in a local newspaper. Court finds for Jennie and Charles Knisely that they are the owners of the Real Estate mentioned in the complaint. In Recorder’s Office there is a deed in book 71 pages 160, 161 for this transaction.

Case 7700 in 1906.

Order Book 41

March Term 1907, Page 344

Knisely, Timothy J. et al

Ocker, Frank C.