These pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, MUST obtain the written consent of the contributor.

 

Submitted by Eliza Funk <ebethgen1@yahoo.com>.

 

Complaints and Partitions (Circuit Court)

OUR APPOLOGIZES FOR NAMES THAT MAY BE MISSPELLED (OLD HANDWRITING DIFFICULT TO DECIPER)

PLEASE NOTE THAT WHERE WE HAVE REFERENCED MICROFILM ROLL NUMBER, AND INDEX POINT, THESE ARE PAGES THAT PROVIDE SUPPLEMNTAL MATERIAL TO THE ORDER BOOK. THEY ARE IN ADDITION TO THE ORDER BOOK INFORMATION.

These are mostly suits over land or titles to land in the DeKalb County Circuit Court; they are pre-1913 fire and were evidently copied from the original documents, which were partially burned. We have sought to copy most of the genealogical information to assist you in your research; therefore they are excerpts taken from documents and do not contain all the information found in the documents. Copies can be obtained by contacting the Clerkís Office, DeKalb County Court House, Main Street, Auburn, In. 46706. Cost: $1.00 per sheet. This information is on microfilm and when ordering copies be sure to mention book and page number and reference information from DeKalb Web Page.

Where there are Quiet Titles, the Defendants were one-time landowners and the complaint is generally to clear the title to the land. When it is a Partition, it is usually to settle an estate and sell the land. All records pertaining to land and mortgages will be found in the Recorderís Office, DeKalb County Court House, Main Street, Auburn, IN. 46706. Cost is $1.00 per sheet.

A note to remember, When a guardian is appointed "ad litem" for minors, the minor could be anyone under 21 years of age. Sometimes these minors were married individuals. Also, during the "hard times" people left their land and moved to other areas without the titles being cleared. It does tell us that the individuals were once residents of DeKalb County.

The Case Numbers have not been added to these cases. There are instances where the individual may be involved in various case numbers.

Books are missing between order book 38 and 41, Fire Damage for fire of 1913 ( Portions of these years 1903, 1904 and part of 1905 for the order books)

PLEASE NOTE; SOME NAMES IN RECORDERS OFFICE ARE DIFFERENT THAN THE NAMES IN THE CLERKíS OFFICE (Or it may be that we have read them different in the two offices). Forgive us for errors in reading the names.

 

PLEASE NOTE; OCTOBER TERM 1906, ALL PROCEEDINGS AND JUDGES DOCKET BURNED.***

WHEN ORDERING SOME REPORTS FROM THE RECORDERíS OFFICE THE DOCUMENT WILL STATE BOOK 41 IT SHOULD PROBABLY READ BOOK 40 IN SOME CASES. DESCREPANCY BETWEEN RECORDS WILL BE NOTED. BOOK 40 IN CLERKíS OFFICE DESTROYED IN 1913 FIRE.

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 Recorderís 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 Recorderís 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 Danforthís 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: Recorderís office shows that the America University is of Harriman?, Tennessee.

In Recorderís 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 ľ 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 Recorderís 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 22nd 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 Recorderís Office Deed Book 71, Page 203 the Partition Deed is recorded.

Other Plaintiffís 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. Davidís. 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 ľ of the Northeast ľ 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 Recorderís 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 Ĺ of the Northwest ľ of Section 15, Township 34 North of Range 14 East, except the Southwest ľ of the West Ĺ 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. Hoffmanís addition to the City of Auburn Page 419 R. E. Appraised at $1,100. Page 438 there is a Commissionerís 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 Recorderís 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 Recorderís Office there is a Commissionerís 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 ľ 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 Recorderís 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 ľ of Section 35 and 26 66/100 acres off of the South side of? ľ 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 Farmerís 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 Emilís 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 Recorderís 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 ľ of the Southwest ľ 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 Recorderís 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 Ozmunís 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 Recorderís 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 ľ of the Southwest ľ of Section 36 Township 35 North, Range 14 East containing 40 acres more or less for $2,02.

In Recorderís Office there is also a Commissionerís 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.

Recorderís 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

Farmerís 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 defendantís 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 Recorderís 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 Recorderís Office, Deed Book 72 page 494, 495. The Court decreed that the Plaintiffs are the owners of the East ĺ of the Southeast ľ 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

Farmerís Bank of Auburn, IN, N. T. Jackman, Receiver

   

Plaintiff dismisses the case as to Farmerís 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 Plaintiffís 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 Recorderís 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 Ĺ of said R.E. so owned by the minor defendants. Partition to be made of the West Ĺ of the Southwest ľ of Section 17 Township 33 and Range 13 East by setting off Ĺ of said R.E. in value to the other Ĺ 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 Davidsonís 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 Recorderís 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 Ĺ of the Northeast 14 of Section 18, Township 34 North, Range 12 East bounded by ÖMortgage 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 Commissionerí 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 ľ 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 Plaintiffís 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 Recorderís 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 ľ 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 Recorderís 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 Farmerís 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 Plaintiffís 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 Farmerís 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?

 

Commissionerís Deed is recorded in Deed Book 68, page 58 in the Recorderís 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 Ĺ of the R.E. R. E. ordered to be sold (Lot #7 in Block 47 in Cowanís 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 Plaintiffís 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 Ĺ of the Southwest ľ 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 Recorderís 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 Ĺ of the Southeast ľ of the Southwest ľ 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 Plaintiffís 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 Recorderís 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 Recorderís 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 Plaintiffís 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 Recorderís 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 Recorderís Office Deed Book 67 page 477. Court decreed that the Plaintiff was the owner of the Northwest ľ of the Northwest ľ and the West Ĺ of the Northeast ľ of the Northwest ľ 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 Recorderís office for decree. In the Recorderís 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 Recorderís 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 Recorderís Office. Court decrees for the Plaintiff that his is the owner of Lot 16 in Lisleís 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 Recorderís 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 Recorderís 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 Recorderís Office Deed Book 74 pages 92, 93 this Decree is recorded. The Plaintiff is the owner of the South Ĺ of the South Ĺ of the Southwest ľ 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 Recorderís 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 Recorderís 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 Ĺ 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

 

Recorderís 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 Recorderís 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 Recorderís Office, Deed Book 74, Pages 31, 32 the defendantsí 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 defendantís 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 Recorderís 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.

   

Note. Dismissed at Defendants cost.

Order Book 41

May Term 1906, Page 91

Koons, Charles

Newton, Charles (whose true Christian name is unknown)

   

On Contract. Cause is dismissed by the Plaintiff.

Order Book 41

March Term 1907, Page 318, 344

Koppitz Welchers Brewing Co.

Ocker, Frank C.

   

On Note. Summons ordered to Sheriff of DeKalb County for defendant. Page 344 Case continued.

Order Book 41

December Term 1906, Page 222, 253, 255

Korber, Carl

Ocker, Bell W. et al

Other defendants: Jessie Gibson, Philip Gibson, Edna M. Stephenson, John Stephenson, Jack Stephenson, Joseph D. Clement, Alphus W. Madden, William A. Hawkins, Charles Schaab, William Schaab, Walter C. Hartman

In Recorderís Office, Deed Book 73 pages 514, 515,516 there is a Sheriffís Deed for this cause. Plaintiffís name looks like Karben? Middle initial for Joseph Clement looks like "V." For damages $5,359.20 and a decree for the sale of all interest in R. E. Lot #11 and 12 in Block 33 in the Original Plat of the City of Garrett. Certificate of Purchased issued to Carl Karben? For sum of $3,719.41.

No details. Page 253 No details. Page 255 Payments to be distributed. Taxes $81.59, Karl Korber $20.30, Defendant Hawkins, $16.15 Defendant Hartman $2.05 Schaab Bros. .50, Defendant Madden $4.05

Order Book 41

May Term 1906, Page 180

Kramer, J. Harvey

Wilson, George W.

   

On Promissory Note. Case dismissed.

Order Book 41

December Term 1905, Page 9

Krontz, John W.

Krontz, Ida et al

Other Defendant: J. W. Krontz

 

Petition to modify decree. Plaintiff dismisses the cause.

Order Book 41

May Term 1904, Page 431

Kunderd, Henry

Kunderd, Mary Jane

   

Cancel Deed Affidavit for change of Venue. Granted and changed to Noble County.

Order Book 41

December Term 1905, page 64

Latier, William

Evans, Mrs. S.. A. Corry and the unknown heirs.

 

Deed in Recorderís office Mrs. S. Carry Evens.

To declare mortgage satisfied. Notice in the Waterloo Dawn to notify defendants who are non-residents. In Recorderís Office Deed Book 72, Page 465, 466 the deed for this transaction is recorded. The Court decrees that the Plaintiff is the owner of the Northeast ľ of the Southwest ľ of Section 11, Township 35, North of Range 13 East containing 40 acres more or less. And the Mortgage executed in 1872 by John McFadden to S. Carry Evens and recorded in Mortgage Book 8 page 245 is fully paid.

Order Book 41

March Term 1907, Page 290, 291

Leason, Mary E.

Leason, John et al

Other Defendants: Charles Leason, Carrie Leason, Violet Leason

Copy of Decree of this case is recorded in Recorderís Office Deed Book 74, pages 90, 91. The plaintiff is owner of The Southwest ľ of the Southeast ľ of Section 5 in Township 35 North of Range 15 East.

Quiet Title. George M. Crooks is appointed guardian ad litem for Carrie and Violet Leason, Infants. Court trial finds for Mary Leason that she is the sole owner of the Real Estate.

Order Book 41

October Term 1904, Page 434

Lehman, Dora et al

Lehman, Greenville C. et al

Other Plaintiff Blanche Saxton, Other Defendants Dickinson Trust Co and Auburn Hardware Co. A E. Griser

 

Foreclosure of Mortgage. Cross complaints filed against Plaintiffs and Co-Defendants by Dickinson Trust Co and Auburn Hardware Co.

Order Book 41

December Term 1905, Page 51, 53, 54, 70, 79

Levy, Henry

McClellan, George et al

Other Defendant: Bertha J. McClellan, D. Ellsworth McClellan, George Wise, Eldridge A. Campbell, Samuel Miller, Abraham Jennings.

 

On Note and Mortgage. Attorney appears for Bertha McClellan Page 53. 54 Plaintiff asks leave to file and amended complaint. Making D. Ellsworth McClellan, George Wise, Eldridge A. Campbell, Samuel Miller and Abraham Jennings defendants Page 70 Case continued. Page 79 Cross complaints filed by George Wise and D. Ellsworth McClellan.

Order Book 41

May Term 1906, Page 137, 138, 142, 187

Lockwood, Lyman

Zeigler, Eunice

   

On Account. Cause submitted to jury for trial. Page 138 Case continued. Page 142 Jury verdict for the Plaintiff in the sum of $25. Page 187 Plaintiff files a motion for time.

Order Book 41

March Term 1904 Page 394, 395, 398, 399

Madden, Alpheus W.

Smith, William R. et al

Other defendant Michael Boland administrator of the estate of Jacob Somers. William R. Smith, Junior and unknown heirs. Trustee Philo J. Lockwood and Anhieser Bush Brewing Association.

Defendants Lyman Lockwood, Mary O. Lockwood, Mary E. Dancer, The Garrett Banking Co., Frank A Borst and Charles O. Borst administrator of the estate of Lafayette J. Miller, William H. Grube and Aaron Osborn have been duly served with process.

Quiet Title. Notice of action published in the Auburn Courier. Defendants in default. Court finds for the Plaintiff that he is owner of Town lots 249, 250 in the original Plat of the City of Auburn.

A Copy of the Decree is recorded in Deed Book 67 Page 467 in Recorderís Office.

Order Book 41

December Term 1905, Page 39, 59, 75,

Madden, Alpheus W. et al

City of Auburn, IN

Other Plaintiff Katie Madden wife of Alpheus.

 

Ordinance of Annexation. Page 59 Case continued. Page 75 Case continued.

Order Book 41

December Term 1905, Page 74, 75

Madison National Bank (Successors to the London Exchange Bank.)

Miller Isaac et al

Other Defendants Emma E. Miller, Ryan Arbuckle Company,

 

Mortgage Court finds for the Plaintiff. Isaac Miller owes $167.40. The same is secured by 1st mortgage lien on real estate. Court orders real estate to be sold.

Order Book 41

December Term 1905, Page 6

Major, Alexander H.

Myers, Edward A.

   

Damages Defendant files a cost bond.

Order Book 41

March Term 1907, Page 301, 339- 343

Martin, Nester?

Martin, Alexander et al

Other defendant: Julius J. Martin, Frank C. Martin, Jennie Martin, Louise J. Lorent, Frank Lourent, Josephine M. Kehoe, Thomas Kehoe, Josephine Martin, Josephine Martin admix of the estate of August J. Martin, deceased.

Wife of Alexander Martin, Jane or Jennie Martin.

Partition Page 339-343 Alexander A. Martin asks leave to withdraw his answers. August J. Martin died in testate August 1, 1905, Josephine Martin is his widow. His Children: Nester L. Martin, Henry J. Martin, August E. Martin, Alexander A. Martin, Frank C. Martin, Julius J. Martin, Louse J. Lorrent and Josephine M. Kebro? Real Estate in Allen County, The north Ĺ of Section 35 Township 32, North, Range 12 East, also lots 4, 5, 6, 7 in Roo? And Martions Sub Davison of Lots 1, 2, 3, 4, 5 ? amended Plat of Baltes? And Rowneys addition to the City of Fort Wayne and Lot 3 in Baltes ?? and Wagners Addition to; the City of Ft. Wayne.(Part of this document destroyed by fire) This document is too long to put much more detail. It would be best to order copies from the Clerkís Office.

Order Book 41

December Term 1905, Page 11, 13, 60, 65

Maxwell, Walter S.

Sawyer, Brice W.

   

On Note. Page 13 Pleads infancy of the defendant? Page 60 Cause is submitted to the Court for trial without a jury. Page 65 Court finds for the defendant.

Order Book 41

December Term 1906, Page 237

Mayer, Karl and James Mayer Partners

Sobraske, John

   

Note and Mortgage. Court finds for the Plaintiffs that they are entitled to recover $72.12 and chattel mortgage foreclosed.

Order Book 41

December Term 1905, Page 15

McCague, Nancy

Sinclair, Caroline et al

Other Defendants: Archibald Sinclair, William F. Bowman, Valanda Bowman, Charles Bowman and Angeline Bowman

 

Partition

Order Book 41

May Term 1906, Page 127

McClellan, Elizabeth Executrix of the Estate of Charles A. O. McClellan, deceased et al

Coffinbery, Elizabeth K et al

   

Willis Rhoades , Trustee in the bankruptcy is substituted for Elizabeth McClellan, executrix, Frank a Borst and Charles O. Borst Administrators of the estate of Lafayette J. Miller, deceased, ? Miller and Ida O .Borst are substituted for Lafayette J. Miller, deceased. Cause is submitted to court. Court finds for the defendant. Plaintiff to take nothing from cause.

Order Book 41

December Term 1905, Page 7, 10

McClellan, James Y.W.

Denison, George O.

   

Election contest. Page 10 Contest the election for Mayor of Auburn. 30 days given to the contester to file a bill of exceptions.

Order Book 41

December Term 1906, Page 250

McClintock, Jeremiah, Adm of the estate of William Garber, Decd

Easterday, Frank, et al

Other Defendant: Nelson Rosena

 

Note Dismissed and costs paid. (Case 7894)

Order Book 41

December Term 1903, Page 370, October Term 1904, Page 435, 447

McClintock, Jeremiah, Adm. Of the Estate of John Shafer

Shafer, Francis Amelia

   

To set aside deed Change of Venue from regular judge. Hon. E.A. Bratton is appointed special judge. Page 435 Part of document destroyed by 1913 fire. D. N. Horton is appointed. Special Judge of the Superior Court of Allen County in this case. Summons issued for Caroline Ackerman Page 447 Real Estate Lot 115, and the West Ĺ of Lot 109, Lot 110 in the Town of City of Butler Francis Amelia Shafer is the owner and the Title should be quieted against Jeremiah McClintock.

Order Book 41

December Term 1905, Page 47, 60

McKinley, Lillie Admix of the estate of Samuel McKinley

Lake Shore Michigan Southern R. R. Co.

Other Defendant the Chicago Lake shore & Eastern R. R. C.

 

Damages Plaintiff ruled to answer in 5 days to the defendants demur. Page 60 Court finds for the Defendant.

Order Book 41

March Term 1904, Pages 402, 403, 404

McNab, Adam

McNab, David, et al

Other Defendants: Mary McNab, Duncan McNab?? ? Crosby and ? Wilcox

 

Foreclosure of Mortgage Other defendants than Duncan McNab has defaulted. Goes to Court to trail without a jury. Court find for Plaintiff and for the defendant Duncan McNab upon his Cross-complaint There is due to the Plaintiff from the Defendant David McNab $791. that there is due to the Cross-complainant Duncan McNab form David McNab $452. The sums are secured by a mortgage and a foreclosure is ordered. Part of document destroyed by 1913 fire.

Order Book 41

December Term 1905, Page 14, 70, 72, 75, 77, 80

Menges, Frank

L S. & M. S. R. R. Co

   

Damages. Page 70 Examination of the Plaintiff ordered published. Goes to Jury Trial. Page 72 Case continued. Page 75 Jury to retire to their room. Page 77 Instructions given to the jury. Page 80. Jury has been out 21 hours and failed to agree and announced to the Court that there is no prospect or probabilities of agreement are discharged from the case.

Order Book 41

May Term 1904, Page 429, October Term 1904, Page 445

Mercer, William M.

Mercer, Charles E.

 

Commissioners Deed recorded in Deed Book 68, Pages 369, 370 in Recorderís Office. Land conveyed to Allen McKee.

Partition commissioner files bond of $2500 for sale of R. E. Sureties United States Fidelity and Guarantee Co. Lot #15, 64, and 54 in the Original Plot of the Town of Corunna. Page 445 Part of document destroyed by 1913 fire. Looks like Jacob P. Becher purchased property for $700.

Order Book 41

May Term 1906, Page 91, 96, 107

Metcalf, Edward D.

Auburn Manufacturing Co.

Other Defendant: Elmer Stevenson

 

Damages. Page 96 Case continued. Page 107 Case continued.

Order Book 41

December Term 1905, page 31, 32, 72

Miller, Glenn W.

LeRoy, Willard H et al

Other Defendant: Jennie LeRoy

 

Chattel Mortgage. Due to the illness of the regular Judge Hon. E. A. Bratton, P. V. Hoffman is appointed judge of the case. Page 72 Case continued.

Order Book 41

December Term 1905, Page 19

Miller, Jacob

Sterling, Allen

   

Damages Restraining order (temporary injunction) to be heard by the court.

Order Book 41

March Term 1907, Page 290

Miller, John D.

Grambling, John et al

   

Note Dismissed at Plaintiffs costs

Deed Book 68

Pages 509, 510 Dated October 1904

Miller, John G. et al

Bentley, Stephen et al

Other Plaintiffsí Belle Miller Other Defendants unknown heirs of Stephen Bentley, Jacob Slayman, Mary Slayman his wife, and their unknown heirs, John G. Talbot and his wife Mary, Michael McGuire and Susan McGuire, Sarah Emerick, Mary Jane Boyer, Lucinda Wiltrout,, Andrew Jackson Emerick, Peter A. Emerick, Vesta M. McCLine and unknown heirs of the above.

 

Court decrees that the Plaintiffs are the owners of the South Ĺ of the Northeast ľ of the Southeast ľ of Section 30 Township 35 North of Range 12 East and also East 20 acres of the North 30 acres of West Ĺ of said Southeast ľ in the County of DeKalb. Mortgage executed by Michael McGuire on March 1, 1847 to Stephen Bentley and recorded in Record Boo 1 page 120 and Mortgage by Jackson Emerick on May 18, 1889 to George W. Emerick administrator father estate of George Emerick and in Record Book 25 Page 557 are paid in full.

Order Book 41

December Term 1904, Page 16, 40, 42 , 135, 143, 159

Miller, John W.

DeKalb Iron Works

 

In Recorderís Office Deed Book 72 page 309 there is a Commissionerís Deed where Isaac M. Zent Receiver for DeKalb Iron Works by order of the Circuit Court conveys to John W. Miller for the sum of $100 Lot 109 in Flukes Third Addition to the City of Auburn. Please note: there is also a Commissionerís Deed to J. E. Ensley, for Lot 112 and to Mathias Miller, Lulu M. Miller, Mary A. Miller, Julia M. Miller and Joe M. Miller Lot 110. and to R.O. Talbert Lot 111.(these are all conveyed by Commissionerís Deed by the Receiver.

Petition for Receiver. Isaac W. Zent appointed receiver of the corporation. Page 40 Receiver requests to sell certain property at private sale. Page 42 Receiver is to give notice of his appointment in a local newspaper and creditors to file their claims within 60 days of such notice. Page 135 Receiver files petition to distribute $400 to stockholders and for authority to sell uncollectibles accounts at Private Sale. Page 143 Request for final distribution to stockholders of $105.. Receiver files final report. Sale of accounts for $. To Willis Rhodes. Page 159 Receiver released and said estate is fully settled.

Order Book 41

December Term 1906, Page 222, 237, 264, March Term 1907 Page 297, 349

Miller, Joseph A. et al

Frazier, William et al

Other Plaintiff: Samuel L. Goodwin Other Defendant Albert Dove., Barbara Frazier, Katie Frazier

 

Foreclosure of Mechanics Lien. Page 237 Defendant in default. Page 264 Case continued. Page 297 Cross-complaint of Albert Dove to Frazier is defaulted by Fraziers. Page 349 Court finds for defendant Albert Dove in his cross-complaint against the Plaintiff. And all co-defendants. Katie Frazier and William Frazier are indebted to Albert Dove for $308.50 plus personal judgment and further sum of $280, which will become due December 14, 1907 for said RE. E. Mortgage. Plaintiffs to recover from Katie and William Frazier $38.67 R. E. to be sold.

Order Book 41

December Term 1906, Page 264

Miller, Joseph A. et al

Norton, James F. et al

   

Account on Mechanic Lien. Dismissed.

Order Book 41

December Term 1905, Page 9, 83

Miller, Manuel

Shook, Jacob et al

Other Defendants Hall Shook wife of Jacob Shook, Peter Shook and wife, William Shook and wife.

 

Partition Page 83 Jacob Shook files cross-complaint against William Shook. Goes to Court for trial. Court finds that Jacob Shook is the owner of Ĺ of the real estate and Plaintiff is owner of ľ and Peter Shook is owner of ľ Court rules that Manual Miller is to have ľ and Peter and Jacob Shook are tenants in Common.

Order Book 41

December Term 1905, Page 45, 46

Mitchell Broís Co.

Model Gas Engine Works

   

On Contract Defendant files affidavit for change of venue. Change of venue granted to Steuben County.

Deed Book 68

Pages 195, 196, 197

Model Gas Co

     

Deed and Bill of Sale for the Model Gas Co in Bankruptcy. $350,100.

Order Book 41

December Term 1906, Page 275, 278, March Term 1907, Page 299

Model Gas Engine Co.

Shook, Emery A. et al

Other Defendants: City of Auburn

 

Injunction Temporary restraining order granted. Page 275 bond filed and a temporary restraining order enforced. Page 299 Attorneys appear for other defendants.

Order Book 41

December Term 1905, Page 14, May Term 1906, Page 94,

Model Gas Engine Works

Cable, Postal Telegraph Cable Co.

Other defendants Model Gas Engine Co., C. M. Provn, Trustee et al

 

On Account. Page 94 Case continued.

Order Book 41

December Term 1905, Page 14, 29, 80,

Model Gas Engine Works

Lake Shore & Michigan Southern R. R. Co.

   

Damages. Page 29 Case continued. Page 80 Change of venue to Steuben Circuit Court.

Order Book 41

May Term 1906, Page 137

Model Gas Engine Works

Vandalia R. R. Co

   

For Replevin.

Deed Book 74

Pages 506, 507

Moore, Ellen

Moore, John W.

   

There is a Superior Court of Allen County a transaction for this case. The following was decreed by the court: They are separated from and live apart and are prohibited for co-habiting together for and during the said period of 2 years from the date of the decree. That Defendant John W. Moore pay to the said plaintiff Ellen Moore $20 a month during the said two years. Also all the personal property owned by and belonging to John W. Moore shall be his. and all personal property belonging to Ellen Moore shall belong to her and that she is the sole owner. John W. Moore shall pay all costs of this action. It is further considered and decreed that all restraining orders are dissolved.

Order Book 41

December Term 1905, Page 11, 76, 77

Moss, Willard

McNamara, Thomas

Other Defendant James Bishop, Mary A. Bishop, Gorge M. Ralston.

 

On Note. Page 76 Defendant in default. Plaintiff dismisses case as to James Bishop, Mary A. Bishop and George M. Ralston. Court finds the Plaintiff is entitled to recover from Thomas M. McNamara $141.

Order Book 41

December Term 1905, Page 44

Myers, Sadie W.

Reed, James W. Sheriff

   

Plaintiff files an appeal bond for the sum of $500 with John Zimmerman as surety. Case 7201

Order Book 41

December Term 1905, Page 57

Myers, Sadie W.

Dills, John W.

   

Case 7231. Damages Appeal bond with John Zimmerman as surety annulled, vacated and set aside.

Order Book 41

December Term 1905, Page 34,

National Exchange Bank of Anderson, IN

Model Gas Engine Co. et al

Other Defendant: Edward Myers

 

Note. Case is dismissed at Plaintiff costs.

Order Book 41

May Term 1906, Page 122, 123, 124, 129, 182

National Exchange Bank of Anderson, IN

N. J. Jackman, Receiver of Farmers Bank of Auburn, IN

   

Page 122 Plaintiff dismisses as to Farmerís Bank and amended complaint making N. T. Jackman, Receiver as defendant. Cause is submitted to the Court for trial. Page 123 Evidence continued. Page 124 Evidence heard in part Page 129 Case continued for argument Page 182 Case taken under advisement for purpose of finding special findings.

Order Book 41

December Term 1905, Page 7, 10

Nebelung, Fred J.

Wilson, Robert A.

   

Election Contest. Page 10 Election contest for the counsel of City of Auburn. Contester given 30 days to file a bill of exceptions.

Order Book 41

December Term 1906, Page 259

Nickerson, Charles

Shull, James S.

See next two columns for all defendants mentioned.

On motion of Plaintiff Charles Capp, Charles Henderson, D. N. S. Kelley, Lewis Beery, William Hoodelmeyer, James Bishop, Edward Myers, John Winehold, Henry Otto are each and all discharges ad garnishee defendants.

On Judgment Defendants: George M. Shull, William Dove and A Beatty are three times called and in default. Court finds for the Plaintiff against George M. Shutt, Amos Beatty, William Dove for the amount of $10. each. Melvin S.? Stephen Brown, S. Markle and John Koble files as garnishee defendants showing that they each owe Defendant Shull $10.

Order Book 41

May Term 1904, Page 438, 439

Noble County Bank

Watts, Josiah et al

Other Defendants: Mary Watts, Samuel Watts, Barbary Watts

 

Foreclosure. Defendants in default. Court finds that Plaintiff is entitle d to $194.32 from Defendants and foreclosure is ordered. Parts of document destroyed by 1913 fire.

Order Book 41

May Term 1906, Page 91, 160

Noll, William

Ray, Milton

   

Damages. Page 160 Case continued.

Order Book 41

March Term 1904, Page 402

Noragon, Sarah

Murch, Nancy Jane et al

   

Quiet Title.

Order Book 41

December Term 1906, Page 225, 238, 245, 274, March Term 1907, Page 311

Norris, Mary S.

Pritchard, Solomon, et al

Other Defendant: Loedema Pritchard., Florence Fair

 

Partition. Attorney appears for all defendants except Pritchard and Fair. Page 238 Case continued Page 245 Defendant Florence Fair in default. Infancy of the same being suggested, Hurbert E. Hartman appointed guardian ad litem. Page 274 Case continued. Page 311 Dismissed.

Order Book 41

December Term 1906, Page 212, 264, March Term 1907, Page 301

Ober, John et al

Witt, Henry

Other Plaintiffs: Nellie M. Ober and Laura E. Zairian

 

For Conversion of Personal Property Page 264 Case continued. Page 301 Dismissed by Plaintiff.

Order Book 41

December Term 1905, Page 26

Oberlin, Harriet

Oberlin, William

   

Slander Plaintiff dismisses the case.

Order Book 41

May Term 1906, Page 164

Ocker, Hannah

Ellsworth, Martin E.

   

On note. Cause is dismissed

Order Book 41

March Term 1907, Page 360

Olds, Lorraine,

McClintock, Jerry M. adm et al

   

Partition. Affidavit of non-residence filed by the Plaintiff.

Order Book 41

December Term 1905, Page 39, 43, 54, 81, May Term 1906, Page 88

Olinger, Cyrus

Kreiger, William E. et al

Other Defendants: Bessie Rosa Case and Elmer D. Case

 

On note and Mortgage. Page 43 Attorney appears for the defendant. Page 54 Summons to be issued by DeKalb County Sheriff for Elmer and Rosa Case. Page 81 Attorneys appear for Rosa and Elmer Case. Page 88 Cause settled and ordered off docket.

Order Book 41

December Term 1903, Page 384, 385

Packer, Melinda

Chamber, William et al

   

Partition Cause No 6791. William Chambers is a Commissioner appointed in this cause. Land in cause sold for $3,940. Certain funds deposited in Bank of Knisely Boots & Co at Butler, Indiana. Payment was made to Malinda Packer of Hillsdale Michigan, William Chambers, ? Hopkins, Mary Persong, M. J. Mennesh, Frank ?, Samuel B. Hankins, Richard Hondkins? Meliss?, Calvin D. Chamber, Sarah Chamber, assignee of Charles Ray and to the guardian of Calvin Ray Krones who is a minor.

Order Book 41

March Term 1907, Page 361

Page Mower Wire Fence Co.

Beams, Jam M.

   

Account. Cause dismissed at Plaintiffs costs.

Order Book 41

May Term 1906, Page 91, 123

Palmer, Nettie

Shutt, Elmer J. et al

Other Defendant Scudder Shutt.

 

Note. Page 123 Plaintiff files amended complaint.

Order Book 41

May Term 1906, Page 195

Parratt, Sylvester

Rodgers, George et al

Other Defendant: Sadie Rodgers

 

Mechanics Lien Defendant in default. Plaintiff to recover $11.90 from the defendant. Lien on land to be foreclosed.

Order Book 41

March Term 1907, Page 335, 353

Parsell, James R.

Ft. Wayne Iron & Steel Co.

   

Opinion of Supreme Court (no details available) Page 353 Case continued.

Order Book 41

December Term 1905 page 26

Peerless Piano Player Co.

S. A. Kain Music C.

   

Case is dismissed for want of prosecution at Plaintiffís costs.

Order Book 41

December Term 1906, Page 265

Petition for Change of Highway

 

Swihart, Wilson et al

 

Petitioner Franklin E. Fluke Court refers to the County Commissioners of DeKalb County to assess the damage if ay should result from change of highway.

Order Book 41

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

May Term 1906, Page 137, 147,186, 203, 223, 247, March Term 1907, Page 292, 344, 354

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Index Point 000544

Petition for Drain

 

Groscup, Frederick

 

Drain Bond filed in the amount of $500 with George Schulthus and ? as sureties. Page 147 non-residency of certain defendants filed. Page 186 Notice published in the Auburn Courier. Page 203 Extension for filed of Preliminary report. Page 223 no details. Page 247 Case continued. Page 292 Notice has been published and posted at the Court House. Page 344 Court finds that the drain will improve the public health and publish highway and said petition referred to the drainage commissioners. Page 354 Final report filed (no details)

Case 7747 in 1906 from index point 000544 to index point 000

Order Book 41

May Term 1906, Page 120, 166 , 167, December Term 1906, Page 209

Petition for Drain

 

Kline, Elias

 

Drain Bond filed. Page 166, 167 A good portion of the report is destroyed by 1913 fire. Notice was published in the Auburn Dispatch June 14, 1906. and in Auburn Democrat on June 15, 1906. Page 209 Referred to the Drainage Commission.

Order Book 41

 

 

 

Microfilm Roll Civ. 01

December Term 1906, Page 236, 338

Index Point 000553

Petition for Drain

 

Moore, Aaron D.

 

Page 338 Case continued.

 

 

 

Case 7779. in 1906 index point 000553-000566.

Order Book 41

May Term 1906, Page 87, 88

Petition for Drain in Water Course in channel of Charles Meek ditch

 

Reed, J. Harris et al

 

Drain. Said drain ordered constructed Ernest a. Brown is appointed commissioner to superintended the construction of said drain.

Order Book 41

December Term 1905, Page 3, 77, December Term 1906, Page 268

Petition for Drainage

 

Board of Commissioners, DeKalb Co

 

Drain Page 3 lands of Peter Grogg and the highway of Union and Richland in Keyser Township are assessed for benefit of drainage. Page 77 Notice published to the above. Page 268 Samuel Brown Superintendent of Construction files his final report

Order Book 41

May Term 1906 Page 102, 149

Petition for Drainage

 

Buchanan, Hiram J. et al

 

Drain Notice was ordered for Alexander Provines, Mary Provines, William Carr, Viola Robbins, Jessie Dancer, Amanda Mc?, Hough L. Pearl Barton, Wesley D. Miller, Alexander ?, Azetta M. Forsythe, John M. Stoops, Jane Prossor, Charles Wilson, Leon D. Robbins, John Shugars, Page 149 Part of document destroyed by fire. Death of Alexander?, Service of notice shown to ? Forsyth, Polly Forsyth, Calvin Forsyth service of notice to ? Provines, William Carr, Vila Robbins, John M. Hough, Pearl Barton, Azetta M ?, Jane Prosser, John F. McCrory, Charles ?, John Shurgars, Jackson Civil Township of DeKalb. (Some names are missing because of burned and destroyed document)

Order Book 41

May Term 1906, Page 100, 142, 173, 174, December Term 1906 Page 207, 232, 233, 241, 276, March Term 1907 Page 307

Petition for Drainage

 

Koble, John et al

 

Bond approved by Court Page 142 Case continued. Page 173, 174 No objections to notice and case is referred to the Drainage commissioners for a preliminary report. Page 207 Drainage Commission files report. Page 232 Commissioners find that the drain will be a benefit and James Provines is appointed Superintendent of Construction and bond is fixed Page 241 Most of document destroyed by fie of 1913. Page 276 Rose and Rose allowed $30 for attorney fees. Page 307 Orders to pay John J. Eakright $32., J. F. McDonell (could be McDowell) $32., Calvin Grube $24., Noah Gerig $3., B.F. Bailey $1.50, Jacob Zehnedar .75, John Koble $3.75, A. Iverson $1.650, Peter Lochner $3., Simeon Kobel $1.50 J. E. & J Rose $30

Order Book 41

December Term 1906, Page 206, 207, March Term 1907 Page 329

Petition for Drainage

 

McInterof, William M et al

 

Attorney appears for James Stonebraker, George Wilson, William E. Sherlock and George W. MC? Page 207 Notice of action published in the Auburn Dispatch. Page 329 Dismissed by Petitioner.

Order Book 41

May Term 1906, Page 101, 147, 166, 192

Petition for drainage

 

Metcalf, Daniel D.

 

Drain Notice to Daniel Bair in Auburn Dispatch, Auburn Courier, Ft. Wayne Journal and Ft. Wayne News. Also notice to George W. Paff, Wabash R.R. Company, Concord Civil Township, Cedar Creek, Civil Township in Allen County, and at the Dorr of the Court house in Allen County. Page 147 Commissioners of Drain to proceed with a preliminary report. Page 166 Case continued. Page 192 extension for filing preliminary report.

Order Book 41

March Term 1907, Page 339

Petition for Drainage

 

Perkhurst, William J. Et al

 

Drain Notice on Horace A. and Caroline C. Hoffman by Sheriff of Morison County.

Order Book 41

May Term 1906, Page 89, 119, 151, 166. 172, 206, 219, December Term 1906, Page 276, March Term 1907, Page 307

Petition for drainage

 

Shearer, Letitica J

 

Drain. Notice has been published. Page 119 Drain Commissioners: Calvin Grube and John J. Eakright to report on proposed drain Monday June 18, 1906. Page 151 Thirty days granted to make preliminary report. Page 166 Preliminary report sows that James Johnson, James Shearer, Jacob B ?, George Johnson, Charley Jackson, Abe Goldsmith, Simon J. Straus, Isaac B. Straus and Abe Ackerman are owners of land affected by drain and not named in the Petition Notice. Page 172 Affidavit of non-residency of Abe Goldsmith, Simon J. Straus, Isaac B. Strauss and Abe Ackerman. Page 206 Commission files report. On case 7649 (Case 7855) Page 219 Baltimore and Ohio R. R. Co. filed on December 27, 1906 its remonstrance. Page 276 J.E. & J. H. Rose allowed $125 for services. Page 307 Claims allowed and ordered paid: John J. Eakright $64., Calvin Garber $48., Philip Holman $16. J.F. McDonell $64., Ralston &Ernest $9., Elson & Myer $4.50, W. T. Myers $4.50., Dale Wyant $4.50., J. Warstler $4.50., Wm. Johnston, $3., Frank Provines $2.25 Aaron Carper $1.50., Albert Shearer $6., James Provines .75, A Weaver $4.50, Fred Shearer $2.50 Solomon Shearer $3., Jacob Baker $1.50, Abram Culbertson $1.50, J. E. and J.H. Rose $125.

Order Book 41

May Term 1906, Page 89, 99, 119, 136

Petition for drainage

 

Shermond, Lizzie M.

Page 99 (part of document missing) Others named: Orrin Goodrich, Adolphus Whirley, Doris Grogg, Abraham Grogg, John Whirley, Mary Whirley and Mrs. Daniel Link

Drain Notice has been published. Page 99 Case continued. Page 119 most of document destroyed. Page 136 Cause dismissed as to Adolph Wherley ? Wherley? John Wherley, Augusta Wherley, Ella Shuster? (Part of the document destroyed by the fire)

Order Book 41

December Term 1906, Page 277, March Term 1907 Page 309, 361

Petition for Drainage

 

Strauss, Simon J. et al

 

Drain Page 361 Preliminary report (no details)

Order Book 41

May Term 1906, Page 112, 157, 268, March Term 1907, Page 310

Petition for Drainage

 

Taylor, Oscar et al

 

Drain. Bond filed. Page 157 defect in the notice. Another date set for hearing. Page 268 Request for extension of time. Page 310 Case continued.

Order Book 41

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

May Term 1906, Page 102, 145, 149, 150, 167

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Index Point 000449

Petition for Drainage

 

Wise, Edgar S. et al

Others involve: Auburn Excelsior Co.

Page 149 , 150 Service of notice made to Samuel Brown, Thomas Sportt, Samantha Williams, Lydia Week, James C. Weeks, Martha Weeks, George W. Rakestraw, Elverta Rakestraw, Samuel Brandon, Della A. Brandon, Daniel Metcalf, William G. Magginis, Ella May Magginis, Jackson Civil Township, Union Civil Township, Charles E. Allen, Clara E. Allen and Eliza Allen file a waiver of motion and appearance.

Drain. Notice ordered for Sarah A. Brown, Thomas H. Sprott, Samantha Williams, Lydia Weeks, James C. Weeks, Martha Weeks, George W. Rakestraw, Elvita Rakestraw, Samuel Brandon, Della A. Brandon, Daniel Maginnis, William G. Maginnis, Ella May Maginnis, Union Civil Township and Jackson Civil Township. Page 145 W. and E Magginnis appear. Page 167 case continued.

 

 

 

 

 

 

 

March 1906 from index point 000449-000480 Case 7680.

Order Book 41

December Term 1905, Page 32, 33

Potts, Leland M

Pervst, Joseph S. (Pevent?)

   

Change of venue to the Allen Circuit Court.

Order Book 41

December Term 1906, Page 264

Pressler, Alice

Pensler, William et al

   

On Account. Dismissed by Plaintiff.

Order Book 41

December Term 1905, Page 30

Probst, George W.

Shultz, George et al

Other defendants: Isaac Gunsenhouser, Francis M. Hines

 

On Note. Court finds that the Plaintiff is owner of the note and that he is owed from George Shultz and Isaac Gunsenhouser $153.

Order book 41

May Term 1906, Page 117

Public Library

City of Auburn

   

Public Library Petition filed May 30, 1906 shows sufficient sum of money has been raised and subscribed by popular subscription and solvent subscribers and tax payers of the City of Auburn for the purpose of established and maintaining a public Library. The amount would equal 1/10 of a mill on each dollar of taxable property assessed. Charles Eckhart (3 years), Henry Coe (1 years) and Grace M. Smith (2 years) are appointed by the Judge ad members of the Library Board. Dated June 6, 1906.

Order Book 41

December Term 1906, Page 269

Pulver, Frank

Clark, Wilford et al

   

Note: Based on a note filed January 16, 1906 on the estate of W. H. Cornell. Claim $235. By agreement the amount is taxed to the estate and dismissed.

Order Book 41

December Term 1906, Page 221, 222

Rainey, Edward

Cholby, Mary F.

Other Defendant: Jane Cholby

Name of Plaintiff could be Ramney, Ranney. Name of Defendant could be Cholly.

In Recorderís Office there is a Commissioners Deed in Deed Book 74 Page 439 for conveying Lot 11 in John Ralston Addition in the City of Auburn to Edward Ramney.

Specific performance of Contract. Court finds for the Plaintiff and commissioners appointed to make conveyance.

Order Book 41

December Term 1905, Page 55, 56, 84

Raub, Margaret E.

Shull, Henry C. et al

Other Defendant: Ephriam D. Raub

 

On Accounting. Submitted to the Court for trial. Page 56 further evidence is heard and concluded. Page 84 Court finds that there is due on Principal and interest of the note and mortgage $84.71. and said Shull is due $25 in Attorney fees, making a sum of $190.71 and that said amount is secured by mortgage on the real estate described in defendants cross-complaint. Witnesses were Francis Shull and Dayton Patterson. Mortgage to be foreclosed and sold.

Order Book 41

December Term 1905, Page 55, 61, May Term 1906 Page 93

Ray, Emma

Baltimore and Ohio R. R. Co.

   

On Contract Opinion of the Appellate Court submitted and a move made for a new trial. Page 61 Motion for a new trial sustained by the Court. Page 93 Case is dismissed at Plaintiffís cost.

Order Book 41

May Term 1906, Page 88, 92, 109, 143, 144, 145, 162, 182

Redmond, John

Shaw, James S. et al

Other defendant: Alma Shaw

 

Reformed Quite Title etc. Attorney appears for the defendant. Attorney appears for defendant. Page 109 Case continued. Page 143 On account of serious illness of R. Best as special judge in this case. (Ernest A. Bratton is the regular judge). Page 144 and two lines on 145. Plaintiff dismissed complaint at to defendant Alma Show. Instructions to the jury. Page 162 James Shaw motions for a new trail. Court overrules and 60 days to file bill of exceptions. Defendant Alma Shaw to recover from Plaintiff Ĺ costs. Page 182 Motion of Defendant James Shaw to retax costs is sustained by the court.

Order Book 41

December Term 1905, Page 33, 59, 78

Reesch, Charles E. et al

L. S. & M. S. R. R. Co.

Other Plaintiff: Orpha A. Reesch

 

Damages. Page 59 Case continued. Page 78 Case continued.

Order Book 41

March Term 1907 Page 329, 330

Rempis, Theodore et al

Newmon, Almerson et al

Other Plaintiffs: Elva L. Rempis Other Defendants: spouse, children, unknown heirs of Almerson Newmon

 

Quiet Title Notice to all defendants published in a County Newspaper. Defendants in default. Court rules that Plaintiffs are the owners of the R. E.

Order Book 41

December Term 1905, Page 5, May Term 1906, Page 94, 179

Renner, Henry

Chapman, Lemuel W.

   

Damages Attorney appears for the defendant. Page 94 Court overrules motion for Plaintiff to make complaint more specific. Page 179 Case continued.

Order Book 41

May Term 1906, Page 90, 96, 105

Rex, William M.

Cramer, David

   

On Account $56.19 Attorney appears for defendant. Page 96 Case continued. Page 105 Court finds for the Plaintiff.

Microfilm Roll Civ-01

Index Point 000074 (1905)

Rhoads, Charles A.

Thomas, Betsy

   

Case 7439 In Recorderís Office Deed Book 72, Page 45, 45 the case of Charles A. Rhoads Vs. Betsy Thomas, and unknown heirs, David W. McNall and unknown heirs, Homer H. Meek whose Christian name is unknown and Theresa Meek, Daughter of Susan Meek with the decree for the Plaintiff. On October 4, 1905 the Court decreed that Charles A. Rhoads was owner of the West Ĺ of the West Ĺ of the East Ĺ of the Southeast ľ of Section 21 Township 33, North of Range 14 East. The mortgages of Wm. McNall to Joseph Strickland June 4, 1849, Mortgage of Wm. McNall to David W. McNall on April 23, 1865 and the Mortgage to Wm. McNall and wife to Susan Kinsey on August 14, 1877 are paid and set aside.

Order Book 41

March Term 1904, Page 395, May Term 1904, Page 422, 431

Rhoads, Willis Trustee

Youngblood, John et al

Other Defendant: Real estate Improvement Co of Baltimore City, Fed E. Nebelung , Haynes and Haynes.

 

Foreclosure of a mortgage. Page 422 Case Continued. Page 431 Ella M and Elmer Haynes, and other defendants file cross-complaints. Cost of days proceedings are ordered taxed to Ella M. Haynes.

Order Book 41

May Term 1906, Page 115, December Term 1906, Page 236, 240, 252, 253

Rickle, Samuel R.

Meek, Esther et al

Other Defendant William Meek

 

Mechanics Lien Defendant files written offer to allow judgment for $10. and costs accrued. And to accrue and foreclose on line for that amount. Page 236 Case continued. Page 240 Case continued. Page 252 Case continued. Page 253 Court finds for the Plaintiff $12.72 Lien on R. E. to be foreclosed. Attorneys fee $10. Total $22.72 or .75.

Order Book 41

December Term 1905, Page 49, 55, 80

Rinkle, Henry G.

Goodale, William et al

Other Defendants: Harriet Goodale, Will. H. Goodale

 

On Note. Cause is submitted to the court without instructions of a jury. Page 55 Court finds for the defendant that the note was paid before the commencement of the action. Plaintiff to recover nothing and defendant recover costs of the case. Page 80 Plaintiff filed motion for a new trial.

Order Book 41

December Term 1906, Page 236, 241, 247, 250, 263, 274 March Term 1907, Page 292, 301, 350

Riser, Amanda et al

Garber, Benjamin et al

Other Plaintiff: George Riser, Other Defendant Rebecca Garber, Mahala Thidaldt, Philip Thiebaldt, Clara Greenwalt, John Greenwalt, Lizzie Greenwalt, Charley Greenwalt, Catherine Garber, Albert Rose, Lina? Gerber?, Mattie Rose and Adolphís G. Jones.

Commissioners Deed is found in Deed Book 74, Page 360 in Recorderís Office. Conveyed to Burl Moughler the Northeast ľ of Section Tenants Charles Riser and John Diehl for the sum of $8260.

Partition Page 241 Case continued. Page 247 Case continued. Page 250 Joseph Wiley guardian of Jerry Garber. Page 263 Court finds that the Plaintiff Amanda Riser, Ida Keller, Mahala Thiebold, Clara Greenwalt, Lizzie Greenwalt, Mattie Rose, Jerry Garber and Adolph G. Jones are owners in Common. Commissioners appointed to report on the Partition. Page 274 Case continued. Page 292 Real Estate cannot be partitioned and is to be appraised and sold. Page 301 R. E. appraised at $7000. R. E. ordered to be sold. Notice of sale ordered to be posted in 6 places including the City of Butler,. Page 350 Real estate sold to Burl Moughler for $8,260.

Order Book 41

December Term 1906, Page 247, 259, 263, 265, March Term 1907, Page 320, 321

Robinett, Alanson

Casey, Sarah A.

Other Defendants: Rebecca Jane McDonald, John Waller Stephen Waller and McDonald Waller.

 

Partition and to quiet Title. Defendant, Sarah Casey, files a cross-complaint against the Plaintiff and other defendants. Page 259 Case continued. Page 263 Attorney withdraws his appearance for all defendants to cross-complaint. Page 265 Most of this page was destroyed by 1913 fire. Page 320 Court trial. Court finds the Plaintiff is owner of the undivided Ĺ of the R. E. and the Defendant is owner of the undivided Ĺ. (section of the document destroyed by fire of 1913) Curt finds Plaintiff to have 66 3/100 acres and defendant to have 80 acres.

Order Book 41

May Term 1904, Page 420

Rorabaugh, Samuel

Town of Waterloo, et al

Other Defendants; Robert M. Lockhart, Michael Kiplinger and James McBride

 

Quiet Title Defendant asks Plaintiff to furnish an abstract of his Title.

Order Book 41

December Term 1905, Page 51

Rosenberry, Oliver

Lowe, Samuel et al

Other Defendant: Calvin King

 

On Account Cause is now dismissed.

Order Book 41

December Term 1906, Page 211, 260

Rugman, Charles

Carnahan, William A.

   

Note: Page 260 Defendant in default and the Court finds that the Plaintiff is due $187.44.

Order Book 41

December Term 1905, Page 35, 47

Rummel, Chauncey S. et al

Egnew, Harriet E. et al

Other Plaintiff: Ellie L. Rummell other defendant: David Yorks, Mary J. Kindared and Daniel Hook

In Recorderís Office it lists the defendants as Harriett E. Egnew, David Yorks, Mary J. Kanavel, Daniel Hook, Frank P. Stump and Wife, Angie Stump, Charles Capp, and Lizzie Cap his wife. William H. Oberlin and Abbey Oberlin his wife, Fred Thomas and Blanche Thomas his wife.

Quiet Title: Page 47 Defendant David Hook files a cross-complaint.

In Recorderís office deed Book 71, Page 99 this deed is recorded. The Court decrees that the Plaintiffs are the owners of Lots 208, 209, 210, 216 and 217 in Egnews 3rd Addition to the City of Butler

Order Book 41

May Term 1906, Page 120

S. Bash & Co.

Harkey, Perry

   

ON Note.

Order Book 41

December Term 1906, Page 210, 214, 243, 244, March Term 1907, Page 302, Page 348, 351

Savings Loan & Trust Co.

Walker, Charles E. et al

Other Defendants; Nancy B. and George W. Walker

 

Note and Lien Page 214 Case continued. Page 243 Case continued. Page 244 Case continued. Page 302 Case continued. Page 348 Goes to Court for trial. Page 351 Court finds for George M. Walker against the Plaintiff. Court finds for the Plaintiff against Charles E. Walker and Nancy B. Walker and is to recover $105.

Order Book 41

December Term 1906, Page 231, 232

Savings Loan and Trust Co.

Davis, Samuel C et al

Other Defendant: William A. Byers

 

Promissory Note. Court finds that the Plaintiff is due $96.50 and all costs.

Order Book 41

December Term 1905, Page 8, 45, 79, March Term 1907 Page 323, 324

Sawyer, Brice W. et al

Sawyer, Conant R. et al

Other Plaintiff John Gilbert Sawyer by his next friend Brice W. Sawyer , Mabel Hoke and Mary A. Neal Other defendant Rebecca Sawyer Wife of Conant Sawyer, Lucy Adams and Dean Adams her husband. John A. Sawyer, Minnie Sawyer wife of John.

 

To set aside deed. Page 45 Case continued. Page 79 Set for trail March 8, 1906 Page 322, 323 (to annul Deed, Case 7382). Court rules for John A. Sawyer that he is the owner of the R. E. in the cross Complaint and that Lucy J. Adams is the owner of the Real Estate in the Cross-complaint.

Order Book 41

December Term 1906, Page 212, March Term 1907, Page 318, 322, 332, 333

Saylor, Joseph Adm for Mary Kurtz

Obendorf, Jacob

   

Breach of Contract. Page 318 Deposition of William McDonald ordered published. Page 322 Case continued. Page 332, 333 Jury finds for the Defendant. Plaintiff prays an appeal to Appellate Court.

Order Book 41

December Term 1905, page 4, March Term 1907 Page 324, 330

Saylor, Joseph Administrator Mary Kurtz, deceased

Obendorf, Jacob,

   

Breach of Contract. Page 324 Examination of Defendant to be published. Page 330 Jury trial. Evidence is heard in part.

Order Book 41

March Term 1907, Page 295, 305

Schlatter, Benjamin B.

Rowley, James D.

   

Complaint on Judgment. Page 305 Dismissed.

Order Book 41

March Term 1907, Page 297, 319, 329, 331

Schulthess, George.

Toledo, Chicago, Interurban R. R. Co.

   

Damages, Page 319 Attorney appears for the defendant. Page 329 Case continued. Page 331 Charge of venue to Allen Superior Court, Allen County, IN

Order Book 41

March Term 1907, Page 301

Shaffer, John

Fitzpatrick, Bernard

   

Attorney appears for the defendant.

Order Book 41

December Term 1906, Page 212

Shaw, James S.

Redmond, John

   

On Contract

Order Book 41

December Term 1906, Page 222, March Term 1907, Page 296, 297

Sherman, Charles E.

Ryan, Bridget et al

Other Defendants: John Ryan,

Bridget Kinney, John Kinney and all their heirs (name could be Riney?)

Page 222 is case 7831. Page 296 and 297 is Case 7891.

In Recorderís Office, Deed Book 71, Pages 270, 271. The Decree and deed are recorded for this case. The Defendants are Bridget Ryan, John Ryan, Bridget Riney, John Riney, the children of the above, Township 34 North Range 12 East. The mortgages executed October 17, 1874 by Biggs D. Thomas and Mary Thomas to Bridge Riney on December 14, 1874. in Mortgage Book 10 Page 395. to be quieted.

Quiet Title and release Mortgage. Non residency affidavit filed for all defendants. Page 296, 297 Mortgage of Briggs D. Thomas and V. Thomas to Bridget Ryan or Riney and recorded in Volume 10 page 295 of mortgage Book in Recorders office is discharged from the record. Plaintiff is the owner of the R. E. in question.

Order Book 41

March Term 1907, Page 290

Sherwood, Elijah et al

Sherwood, Benjamin

   

Conversion of Property. Dismissed at Plaintiff costs.

Order Book 41

May Term 1906, Page 169

Shull, Elizabeth A.

Lowenstein, Jacob et al

Other Defendant Harry Lowenstein

 

Replevin

Order Book 41

March Term 1907, Page 349

Shull, Francis A. guardian

Arnold, Samuel et al

   

Dismissed by plaintiff.

Order Book 41

May Term 1906, Page 164

Shull, Francis A. guardian of Harry C. Shull, Minor heir of Carry Kelly

Walker Kelley

   

Quite Title.

Order Book 41

 

 

Microfilm Roll Civ. 01

December Term 1905, Page 22, 39

Index Point 000187-

Shull, Henry C.

Board of Commissioners et al

Pan American Bridge Co.

 

Injunction Page 39 Court enters judgment for the Plaintiff.

Number of pages. Case 7548

Order Book 41

March Term 1907, Page 305

Shull, Henry C.

Griffith, Washington

   

On Account Dismissed by Plaintiff at his costs.

Order Book 41

December Term 1906, Page 219

Shull, Henry C.

Perry, Herman

   

Promissory Note; Cause is dismissed.

Order Book 41

May Term 1906, Page 162, 163

Shutt, Daniel

Shutt, Laura et al

   

Partition. Defendants notified in a DeKalb Weekly newspaper, and are in default to wit: Mary A. Waters, Louis C. Shutt, Calvin H. Shutt, Victor H. Shutt, Elmer Shutt, Nettie Stafford, Martha Hammon, Nancy Rex, Ray Shutt, George Shutt, Jacob Shutt, Eupena Anderson, Henry A. Shut, Mrs. Henry A. Shutt, Charles Elliot, Nancy Elliot Drayer, William Elliot, Alfred Elliot, Carrie Mangy, Morris Clark, Charles Elliot Jr., Jacob Shutt. And unknown heirs of the above.

Deed Book 74

Page 218

Silberg, Warren W. et al

Silbert, Stephen M et al

   

Recorderís Office shows a Commissionerí Deed for this case. Camillus Case purchased the Eat Ĺ of the Northwest ľ of Section 28 in Township 33 North of Range 14 East, also all that part of the West Ĺ of the Southeast ľ of said section, Township and Range which lies North and West of the Highway leading from St. Joe to Spencerville.

Order Book 41

December Term 1906, Page 205

Sise, Frances

Sise, John J.

   

Petition to sell R. E. of wife without the jointer of her husband as conveyance. Bond filed and the Court authorizes and empowers Frances Sise to convey whole title to the real estate in the petition without the joiner of John J. Sise, her insane husband.

Order Book 41

March Term 1904, age 395, 396, 399

Smith, E. Emaline

Smith John ? et al

Other Defendants Henry Smith, John C. Smith, Martin V. Smith, Lucy Smith, Mary Jane Husselman, Henry Smith, Phoebe Smith, Charles Reed, Blanche Reed, Maybelle Reed and Daisy Reed.

 

Quiet Title. Notice to defendants published in the DeKalb county herald. Defendants in default. John B. Hawkins Adminstrator of the estate of Henry Smith, deceased. Page 399 John B. Hawkins files a cross-complaint.

Order Book 41

December Term 1905, Page 80

Smith, Owen E.

Coon, Paul M. et al

 

Recorderís Office records Plaintiffs Owen E. Smith, Hattie Smith and Elmer E. Smith, Defendants: Paul M. Coon, Mary, Coon wife of Paul M. Coon, heirs of Paul M. Coon and heirs of Mary Coll. Eber Cool, Mary Coll wife of Eber and their heirs, Avery Coll, Sarah Coll, wife of Avery and unknown heirs. Frank Coll and Margaret Coll and unknown heirs. Simon Stiefel, Martha Stiefel and unknown heirs.

Quite Title. Plaintiff files non-residence of all defendants. The deed for this transaction is located in the Recorderís Office Deed Book 72, Pages 408, 409. The Court decrees that the Plaintiffs are the owner of the Southeast ľ of the Southeast ľ of Section 19, Township 35 North of Range 15 East containing 40 acres more or less. The mortgage executed on October 21, 1969 by Abraham McCoy to Simeon Stiefel and recorded in Record book 7 is fully paid.

Order Book 41

March Term 1907, Page 312, 313

Southern Pine Lumber Company, a Corporation.

Miller, Joseph A.

Other Defendant Samuel A. Goodwin

 

Account and Note Court finds (1). Plaintiff to recover $275. and (2). 334. 11 from the Defendants

Order Book 41

December Term 1906, Page 228

Spangler, William

Weaver, Hiram H.

   

Promissory Note. Case is dismissed

Microfilm Roll Civ. 01

Index Point 000519

Sproat, William

Bass, John H.

   

Case 7718. May have been venued in from Allen Co.

Order Book 41

March Term 1907, Page 331

Squires, Lloyd et al

Squires, James N. et al

   

Quiet Title.

Order Book 41

December Term 1903, Page 389

Stamets, Zenith et al

Michner, Benjamin et al

   

Objection to Probate Will. Affidavits of William Ball and E. V. Harris filed.

Order Book 41

 

 

 

 

 

 

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

December Term 1905, Page 68

 

 

 

 

 

 

 

 

 

 

 

Index Point 000314

Starr, George

Ketcham, John B. et al

Other defendants James M. Brigham, Richardson Eaton, Edwin Eaton, Edwin L. Saunders, David Bennett and Sarah E. Bennett

 

Quiet Title and reform Deed. Notice filed in the Waterloo Press. Defendants are in default. Court finds that the mortgages of the defendants have been fully paid and should be released. The title is to be corrected and the Plaintiffs are the owners of the said R.E.

Index point 000314-000330 Case 7574

Order Book 41

December Term 1905, Page 3

State of Indiana ex el William N. Jones

DeKalb County Counsel

J. E. Dermott President, Elliot P. Masters, Luther Knisely, Aaron Camp, James N. Fink, John William. Thomas Sprott

 

Mandamus

 

Cause is dismissed by Plaintiff. Case 7532

Order Book 41

December Term 1905, Page 70

State of Indiana on relation of Vandalia R. R. Co.

Board of Commissioners

   

Mandamus. (papers burned).

Order Book 41

December Term 1905, Page 9, 13, 78

State of Indiana, ex rel Hermon D. Boozer, Auditor of DeKalb Co.

Cramer, Laura Bell

Other Defendant: Sarah Jane Cramer wife of David Cramer, Frederick O. Craig.

 

School Mortgage. Deposition of Frederick Craig to be published. Laura Bell Conner motions to suppress certain questions and answers of Frederick Craig. Court sustains. Submitted to the Court for trial. Page 13 Case is taken under advisement.
Page 78 Court finds for the Defendant David Cramer in his cross-complaint against Laura Bell Cramer. David Cramer is the owner of the Real Estate in case.

Order Book 41

December Term 1906, Page 222, 255, March Term 1907, Page 293

Steffen, John W.

Stuckley, Joseph

   

Damages. Page 255 Case continued. Page 293 Dismissed by the Plaintiff.

Order Book 41

May Term 1904, Page 425

Stewart, Charles S.

Putt, William F. et al

Other Defendant: Minnie Putt.

 

Foreclosure Court trial finds that the defendant owes Plaintiff $50.71 which is secured by a mortgage. Foreclosure of Lot 5 in Block 1 in Ozmanís Addition in the City of Garrett.

Order Book 41

December Term 1905, Page 39, 45, May Term 1906, Page 107, 111, Page 187

Stoehr?, Julius J.

Peters, Albert et al

Other defendant: Harry Getz, John B. Mayer

 

Garnishee. Motion to Quash affidavit overruled. Page 45 Getz asks that John B. Mayer be made a party defendant to answer as to any interest that he may have as assignee of the note and debt. Page 107, Case continued. Page 111 Case given to Court for trial. Page 187 As to the defendant Harry Getz is not indebted to the Plaintiff at the time of this action.

Order Book 41

December Term 1905, Page 28, 79

Stonebraker, Rebecca A.

Miller, Sarah E. etal

 

In the Recorderís Office Deed Book 70 Page 217 is a Commissioners Deed for this case. Land: At the North Ĺ of the Northeast ľ and the Southeast ľ of said Northeast ľ of Section 31 in Township 35 North of Range 12 East.

Partition. Commissioners filed a report Dec. 20, 1905 and Commissioners are to pay said amounts. Page 79 Commissioners report excepted and dismissed.

Order Book 41

May Term 1906, Page 151, 154, 155, 183, 184

Stout, Malinda

Bordner, Aaron et al

Other Defendants: Amanda Bordner, Alvin Goodwin

In Recorderís Office Deed Book 71, Pages 558, 559 there is a Sheriffís Deed for this transaction. The Defendants names show as Bardner. Sale was made to George Parr. on January 28, 1908. Land: Lot 24 in Block 20 in the Town of Ashley

Foreclosure of mortgage. Goodwin appears and files a cross-complaint against Bordner and Bordner. Page 154, 155 Bordner and Bordner are in default. Case goes to Court for trial. Aaron Bordner owes Plaintiff $513.86 Mortgage to be foreclosed. Page 183, 184 Bordner and Bordner in default. Cross Complaint of Alvin Goodwin submitted to Court for trial. Court finds Bordner owes Alvin Goodwin $225.76

Order Book 41

December Term 1905, Page 9, 24

Stringer, Charles K.

Wheelock, Kent R.

   

Damages. Defendant requests dismissal of case for failure to prosecute the same. Page 24 Case is dismissed for failure of the Plaintiff to prosecute the cause.

Order Book 41

Adjourned December Term 1903, Page 367

Swank, William

Lower, Jesse et al

Other Defendant: Clara Lower

 

Foreclosure of Mtg. Cause is dismissed on written stipulations filed.

Order Book 41

December Term 1905, Page 6, 15, 23, 31, 35, 40, 44

Sweeney, Abraham

Garrett Real Estate Co.

Other Defendants John S. McLeod, Garrett Home and Real Estate Co

 

To foreclose Mortgage John S. McLeod files a Cross-complaint. Page 15 Case continued, Page 23 Case continued. Page 31 Case continued. Page 35 Case continued. Page 40 Case continued. Page 44 Charles Rollins is Secretary of the Garrett Home and Real Estate Co. Submitted to the Court for trial.

Order Book 41

May Term 1906, Page 164

Tarney, Romeo E.

Fales, Silas

   

Complaint to foreclose mechanics lien, Demand $40. Cause is dismissed.

Order Book 41

May Term 1904, Page 420, 421

Teeters, Samuel S. et al

Bennett, Asa et al

Other Plaintiff: Audrey J. Little Other Defendants S Redelsheimer, Lewis P. Putt, Alford H. Putt, Andrew Lloyd, Mary Ellen Lloyd, Fanny G. Stickney and the unknown heirs of the defendants.

 

Quiet Title. Notice to Defendants published in the Garrett Clipper Defendants are in default. Parts of document destroyed by fire of 1913.

Order Book 41

December Term 1905, Page 76, May Term 1906, Pages 176, 177, 256, 257, 258, 260

Thomas, Ella

McClaren, John A. et al

Other Defendants: Charles M. Yarian, Maggie Bowers, Alfred J. Thomas, C. E. McBride (whose Christian names in unknown, M. Rouch whose Christian name is unknown, Sarah Chamberlain, Josie DeLong, Martha Jackson, Alfretta Kilgore, Ida Latton, William Saylor, Albert Saylor, John Wilderson and Ethel Wilderson. Adelbert Jackson becomes a defendant.

Ida Latton, William Snyder and Albert Saylor are non-residents.

Hugh Bowers takes the place of Maggie Bowers as defendant. John W. Baxter is guardian ad litem for John Wilderson and Ethel Wilderson.

In Recorderís Office is Commissionerís Deed for this cause. Court conveys "to Ella Thomas all the rights title and interest of Sarah Chamberlin, Josie DeLong, Martha Jackson, Alfretta Kilgore, Ida Latton, Wilson Saylor, Albert Saylor, John Wilderson, Ethel Wilderson and Adelbert Jackson in the West Ĺ of the Northwest ľ of section 12 in Township 33 North Range 13 East.

Quite Title. Plaintiff files supplemental complaint asking that Sarah Chamberlain, Josie DeLong, Martha Jackson, Alfretta Kilgore, Ida Latton, William Saylor, Albert Saylor, John Wilderson and Ethel Wilderson be made parties as Defendants. Non Residence of Ida Latton, William and Albert Saylor. Summons ordered for Albert Kilgore to Sheriff Noble County. others ins DeKalb County Pages 176, 177 Defendants Josephine DeLong and Martha L. Jackson files answers that since the commencement of this action they have sold their interest in the Real Estate to Adelbert Jackson and they have no further interest. Cross-complaints continue. Page 256, 257, 258 Sarah Chamberlain, Ida Latton, William Saylor and Albert Saylor ?? appears with an attorney, Death of Maggie Bowers is suggested Hugh Bowers is surviving husband is substituted for defendant Court finds for the Plaintiff against all defendants except Tocum, Bowers, McBride and Rousch. James Rose is appointed Commissioner to convey the interest to Plaintiff. Court finds that Charles M. Yocum is due $1,088.76 as secured by a first mortgage, Due Yocum, McBride and Rousch $1,074.02 on their cross-complaint on real-estate described in cross-complaint. (The document goes on to provide for the disbursement of amounts due) Page 260 Deed to Ella Thomas.

Order Book 41

May Term 106, Page 195, 268

Thomas, Milo J.

Hartman, Levi A. et al

Other Defendant: Eliza E. Hartman

 

On Note. Page 268 Plaintiff request leave to file amended complaint.

Order Book 41

December Term 1905, Page 30, 40, 41

Thompson, Electra

Rogers, Solomon

Other defendants: Jonathan Haverstock, Marion Haverstock, Anderson Haverstock .Marille Rogers, George Rogers and Catharine Clingman, Mary Sattison, Malissa Kelley, Martha Sattison

 

On note. Defendants in default and case goes to Court for trial. Page 40, 41 Court finds for the Plaintiff Elect L. Thompson that she is owner of the Real Estate and non of the defendants have a right to the title.

Order Book 41

December Term 1905, Page 11, 39, 132, 133

Thumma, Emanuel B.

Eckhart Carriage Co.

   

On Contract Page 39 Case continued. Page 132 All depositions on file ordered published. Page 133 Cause is dismissed.

Order Book 41

March Term 1907, Page 332

Toledo & Chicago Interurban R. R. Co.

Baltimore & Ohio & Chicago R. R. Co. et al

   

Ton Condemn R. E. Sale of 40 Acres to James W. Showalter and William Capp for $2,040. Secured by Mortgage.

Order Book 41

May Term 1906, Page 118, 125, December Term 1906, Page 241, 242, 273

Toledo & Chicago Interurban R. R. Co.

Kelham, James

   

Appropriate and condemn R. E. Plaintiff files affidavit and motion for a change of venue. Page 125 Court grants change of Venue to Noble County. Page 241 Case continued. Page 242 , 243 Judge Adair given the case, Jury trial and jury verdict in favor to the defendant $1100. Page 273 Appeal to the Appellate Court is granted. Bond fixed at $1,000 with Title Guaranty and Surety Co of Scranton Pa as Surety.

Order Book 41

December Term 1905, Page 12

Toledo & Chicago Interurban R. R. Co.

Lung, Francis et al

Other defendants Mary Pepple, Joseph Pepple, Leah Fitch and Ellen Thrush

 

Appropriation and condemn Real Estate. Court finds for the Plaintiff. Report of the Appraiser is approved and confirmed.

Order Book 41

December Term 1905, Page 36

Toledo & Chicago Interurban R. R. Co.

Merica, William et al

Other defendants: Catharine Merica, William R. Fountain, Rosa Husselman

 

Appropriation of R. E. Defendants withdraw exceptions to the Appraisers and dismissed the same.

Order Book 41

May Term 1906, Page 154, 175, December Term 1906, Page 211, 213

Toledo & Chicago Interurban R. R. Co.

Obendorf, Alice A.

   

Appropriate and Condemn Realty. Notice of non residency ordered in Auburn Dispatch for August 3, 1906. Page 175 Court appoints Norman T .Jackman, and Frank Depew as appraisers and they are ordered to appear on August 31, 1906 at the Auburn Court House. Page 211 Plaintiff has paid the Clerk of this Court $110. for the use of the Defendant This is the amount the awarded by the appraisers for the appropriations by plaintiff of defendants real estate. Page 213 Motion to strike out the restraining order. Court sustains.

Order Book 41

December Term 1906, Page 261, 280, March Term 1907 Page 302

Toledo & Chicago Interurban R. R. Co.

Bradley, Isaac P.

Other Defendant: Thomas Kiser, Jacob M. Longnecker? Toledo and Indiana Traction? Co.

Amos Jackman appears by Attorney, Irene P. Bradley, Catharine Campbell, Leonard C. Campbell, James D. Campbell, Maryetta Campbell, Hattie

Oberholtzer, Sylvia Campbell, Waldo Campbell, Vaz? Campbell, Letha Stoner, Almire ? Fidalious Gallinger, George Deem, Jane Deem, Alma C. Boyle, appear by their attorney. Charles Walker, John W. Jackman, Benjamin E. Nodine, Silas Nodine, Martin D. Smurr, Elizabeth Bechtol, Ira Boone Madden appears by their attorney, Miles Hallett, George Hallett, Rozella Smurr and Martha Webb appear by their attorney, Rachel A. Lackey appears by her attorney,

Condemn R.E. Page 280 See previous column for some of defendants. Page 302 refers to posting on page 280.

Order Book 41

March Term 1907, Page 354, 355, 363

Toledo & Chicago R. R. Co.

Bradley, Irene P. et al

Other Defendants: Toledo & Indiana Traction Co, Schuyler C. Schenck, Jacob M. Longnecker, Thomas Kiser.

 

To condemn R. E. Page 363 Appraisers are appointed. (most of document destroyed by 1913 fire)

Order Book 41

December Term 1906 Page 265, March Term 1907, Page 293

Toledo and Chicago Interurban R. R. Co.

Singler, Joseph et al

   

Condemnation and appropriation of R. E. Page 293 Case continued.

Order Book 41

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

December Term 1905, Page 8, December Term 1906, Page 209

 

Index Point 000150 (1905)

000155

Toledo and Chicago Interurban R. R. Co.

Vandalia Railway Co.

 

Page 8 case 7514, Page 209 Case 7880

Appropriate Real Estate Cause is dismissed at Plaintiff costs. Page 209 Plaintiff files for a temporary restraining order and bond.

Case 7535 Dismissed.

 

 

Case 7540 with Vandalia R. R. co Vs. Toledo & Chicago Interurban Cons. Co. et al. Pages 155-185.

Order Book 41

December Term 1905, Page 35 May Term 1906 Page 193

Toledo and Chicago Interurban R. R. Co.

Wilson, Hattie et al

Other defendants: Alfred N. Wilson, Hawley I Beldon, Lizzie Beldon, J. B. Brodwin? Carlton S. Clark and Lettie R. Clark, William Wagner, Catherine Wagner, John L. Wilderan and Louis Wilderan

 

Appropriate Real Estate. Page 193 Motion for a new trial overruled. 90 days given for Plaintiff to file bill of exceptions. Court decrees that Hattie M. Wilson and Hawley I Beldon recover from the Toledo and Chicago I. R. R. Co $475. Plaintiff prays an appeal to the appellate Curt.

Order Book 41

December Term 1905, Page 7

Townsend, George B.

Model Gas Engine Works.

   

Damages Cost bond filed because of non-residency of the Plaintiff.

Order Book 41

May Term 1906, Page 173, 178, 180

Treesh, Charles P.

Koble, Christ

   

Accounting and Receiving. Page 178 Submitted to Court for appointment of receiver and take charge of the property. John P. Lochner appointed receiver. Page 180 The fire of 1913 destroyed mot of this document. Bond approved for Receiver.

Order Book 41

March Term 1907, Page 344

Treesh, Martin

 

Others Oan Frederick, James E. Evens

 

Trespassing. Parties enter into a person Recognizance of $100.

Order Book 41

December Term 1903, Page 373-377

Tri-State Building and Loan Association

Kadlitz, Frank H, et al

Dora B. Kadletz, Samuel S. Teeters, and Howard Mountz

In Recorderís Office Deed Book 70 pages 73, 74, 75. this deed is recorded. Howard W. Mountz was a defendant and cross-compliant .Samuel S. Teeters was a defendant and cross-complaint. Lot 5 and lot 6 in Block 59 in Keyserís Addition in the City of Garrett.

Note and Foreclosure Court finds that Plaintiff is entitled to recover from Frank Kadletz on a personal judgment $417.81. This amount is secured by a mortgage on the premises and a foreclosure is entitled against all the defendants. On Cross-complaint Howard Mountz is entitled to recover $90 from Frank H. Kadletz. This is secured by a second lien upon a first lien of Lot 5 and Lot 6. Samuel S. Teeters on his cross-complaint is entitled to recover $352.40 without relief form Frank H. Kadletz on lien of lots 5 & 6. Mortgage to be foreclosed on Lot #6 in Block 59 In Keysersí Addition to the City of Garrett.. There is more detail on the disposition of the lands and Chattel of Frank H. Kadletz.

Order Book 41

December Term 1906, Page 233

Tuck, Henry

Hines, William H. et al

   

Receivership

Order Book 41

December Term 1903, Page 388, 389, 392, 393, March Term 1904, Page 396, 397

Urey, John H. et al

Stom, Daniel et al

Other Plaintiff: George M. Urey Other defendant Vody Stom

 

Partition Bond filed in amount of $5,000 with W. H. McCullough as surety. Notice of sale of R. E. published in Auburn Dispatch . Page 392, 393 Infancy of Voyd, Roy Stom Herald Urey, Clarence Urey and Martha Urey William Rhoads appointed as guardian ad litem for the infants. Commissioner appointed to sell R. E. Page 396, 397 Appraised at $2,000 Notice of Sale of R. E. Sold for $3,380 to David Leins. The West Ĺ of the Northeast ľ of Section 23, Township 35 North of Range 12 East.

Microfilm Roll Civ.01

Index Point 000092

Vanzile, Azrie

Thomas, Betsy et al

   

These are badly burned papers. Some names are readable. Pages 92-106 Case 7440 In Recorderís Office, Deed Book 72 page 48 there is a transcript of this case. Azrie Vanzile vs. Betsey Thomas and her unknown heirs, David W. McNall and the unknown heirs, Homer H. Meek whose Christian Name is unknown, Theresa Meek daughter of Susan Meek. On October 4, 1905 the Court decreed that the Plaintiff is owner of 60 acres off of the East side of the East Ĺ of the Southeast ľ of Section 31, Township 33 North of Range 14 East. The following mortgages have been satisfied. Mortgage by Wm McNall to Joseph Strickland on Jun 4, 1849, Mortgage by Wm. McNall and wife to Wm. McNall to David W. McNall on April 23, 1885. Susan Kinsey on August 14, 1877 and Mortgage by

Microfilm Roll Civ. 01

Index Point 000332

Vesey, William

McAndarfer, Abraham et al

In the Will of Daniel Sanborn he donates $5000 to the Brooklyn Orphan Asylum and the Public Library of Summerville, Mass. His will can be found in the Clerkís Office Will Book 4 pages 213-226. He was from Brooklyn, N. Y. (a lot of info for this family, even where buried).

The Probate papers from New York (which took place Mary 4, 1883 in Brooklyn, Kings County, N. Y. ) for the above will are on microfilm 84 in the Clerkís Office. He was the owner of Sanborn Map and Publishing Co. Mary Louis Sanborn married a Buchanan (daughter of Daniel), Anna R was his wife, William was a son and David was a brother

There is a mention of Elizabeth and R. M. Lockhart connected with this will on Page 108 Probate Order Book P. Also, there is in the 1880 DeKalb County, IN. Atlas of City of Waterloo a R. M. Lockhart addition.

In Recorderís Office Deed Book 64, pages 316, 317 and 318 "This indenture made May 29, 1902 between John Nortman as Trustee under the last will and testament of Daniel A. Sanborn late of the Borough of Brooklyn, N. Y. and Louise L. Buchanan wife of Samuel E. Buchanan of Brooklyn, N. Y. and William A. Sanborn of the City of Hartford, Connecticut (and his wife Nellie) to Robert M. and Elisabeth E Lockhart of the town of Waterloo By the power given him as Trustee of Will and Testament in consideration of $800 dollars, payment of all assessments and taxes affecting said premises do sell the following R.E. in Waterloo, IN.. Lots 7, 8, 24 south half of lot 39, lots 37, lots 76, 78, 79. (there is a fuller description of the lots). Remainder of 24 was sold to Isaac Speer.

Recorderís Office lists Margaret McAnderfer and their unknown heirs, Miles Waterman, deceased, and unknown heirs of Miles and Susan Waterman, John B. Jerivs ,Eliza Jervis and their unknown heirs, John B. Frothingham, Augusta S Frothingham, and their unknown heirs, Daniel Sanborn, David A. Sanborn, William Adams Sanborn, Anna R. Sanborn, Mary Louise Sanborn, Ann F. Mitchell, Mary A. Leland, The Brooklyn Orphan Asylum, The Public Library at Summerville, Mass. Sarah A. Sanborn wife of David, Oris S. Knapp and Peter Norman executors and trustees under the will of David A. Sanborn, as Defendants.

Peter Notram is deceased in 12/2/1893 and John Notram is appointed Trustee. Daniel Sanborn of Brooklyn, Kings County, N Y. is buried in Greenwood Cemetery, Brooklyn, N. Y. Orin Knapp was the attorney for turst of Mary A. Leland and Annie F. Mitchell Nieces, children of Danielís deceased sister Mary. David A. Sanborn a brother of Daniel, John W. Sanborn Davidís Son.

Peter Notram was a friend and appointed Exec of Daniel Sanborn will. And he was President of Niagara Ins. Co in Brooklyn, N. Y.

Orin S. Knapp was of Boston, MA.

Case 7638 In the Recorderís Office Deed Book 71, Pages 93 there is a Commissionerís Deed for this case. The court conveyed lots 78 and 79 in the Original Plat of the Town of Waterloo. To William J. Vesey

 

Please note that Jarvis and Frothingham were partners in buying land in Waterloo. They were from N. Y.

Order Book 41

May Term 1906, Page 101, 140, 141, 142, 152

Wagner, Clarence

Firestone, Clyde et al

Other Defendants: Lettie McClellan, Thomas McClellan, Anna C. Singer, Albert H. Singer Elva Richards, Walter Richards, Daniel Firestone, Catharine Albright, Mary May, Frank Albright, Julia Wiles, Jane Collins, Eva Albright, Leslie Albright, Chester Albright, Elmer Albright, Cora Lower, George Albright, Charles Albright, Anne Rohrabaugh, Eva Brown and any unknown heirs of the above.

 

Quiet Title. Defendants three times called and in default. Infancy of Leslie Albright and Chester Albright being suggested. Daniel M Link appointed as Guardian ad litem. Mortgage referred to is found in Mortgage Record ( Page 343 in Recorders office. Partition to be made. Page 152 Commissioners report is confirmed.

Order Book 41

December Term 1905 Page 71,

May Term 1906, Page 86, 94, 101, 125

Warford, Martha J.

Kain, Everett

   

Breach of Promise. Defendant requires Plaintiff to submit certain letters to the inspection of defendants. Page 86 defendant files answer. Page 94 Case continued. Page 101 Case continued. Page 125 Cause is dismissed by Plaintiff.

Order Book 41

March Term 1907, Page 348, 351

Waters, David

Draggoo, Hannah

   

Account (case 7950) Page 351 Case continued.

Order Book 41

March Term 1907 Page 294, 328

Waters, David

Draggoo, Harry D. et al

   

Account. Page 328 Case continued.(case 7914)

Order Book 41

March Term 1907, Page 295

Weimer, John

Pomeroy, James E. et al

   

Dismissed by Plaintiff.

Order Book 41

December Term 1905, Page 9, 29, March Term 1907 Page 328

Wells, Lottie

Standard Life and Accident Insurance Co of Detroit, MI.

   

Demand $1,000. Page 29 Plaintiff failing to plead over or amend complaint, judgment is rendered against Plaintiff. Page 328 Case continued.

Order Book 41

May Term 1906, Page 169, 173, March Term 1907, Page 346, 358

Wenrick, James

Swartz, William, et al

Other Defendants Melvin Swartz, Kate Swartz

In Recorderís Office Deed Book 73 Page 502 there is a Copy of Decree for this case. Description of land in Hornbergers 3rd Addition to the Town of Waterloo. Decree favors the Plaintiffs and Defendants title quieted forever.

Quiet Title. Defendants have been three times called and in default. Page 173 Court trial finds for the Plaintiff and the ownership of defendants quieted forever. Page 346 Defendant to appear Monday April 8, 1007 at 10 oíclock and show whey he should not be punished for contempt of Court. Page 358 Cause dismissed as to Contempt proceedings.

Order Book 41

May Term 1906, Page 164, 165

West, Price D.

Pilgrine, James D. et al

Other defendant Theron Pilgrine

 

Note Plaintiff to recover $60 from Defendants.

Order Book 41

March Term 1907, Page 362

Whetsel, Eliza

Benninghoff, Augusta, et al

Other defendants: Callie A. Walter, Brittie E. Baker, Grace Messer, John Baker

 

Quiet Title and Partition Plaintiff asks leave to amend complaint by making Charles S. Zinn administrator of the Estate of Sarah C. Baker a party defendant. A. Benninghoff, Brittie E. Baker, Grace E. Messer and John Baker are in default.

Order Book 41

December Term 1906, Page 233, 235, 236, 250

White Sewing Machine Co.

Bachelor, Elmer E.

   

Motion for a change of venue from regular judge. William M. Brown an attorney of the Steuben Circuit Court appointed. Page 235 To go to the jury for trial. Page 236 Court finds for the Plaintiff in amount of $25. Page 250 Jury finds for the Plaintiff and to recover $25. and all costs of this action.

Order Book 41

December Term 1905, Page 10, 43, 45 , 60

Wilke, Elizabeth

Trumpel, Peter L. et al

   

Foreclosure of Mortgage Page 43 Submitted to trial by Court without the intervention by jury. Page 45 cause taken under advisement. Page 60 Court finds that defendant owes $86.62 to Plaintiff and Plaintiff owes the Defendant $71.62. With all costs the Plaintiff is to received $30. and the mortgage is to be foreclosed and sold.

Order Book 41

December Term 1906, Page 235

Williams, Charlotte

Williams, Joseph et al

 

See Williman below.

Plaintiff files non-residency of all defendants by publication in Auburn Courier,

Order Book 41

December Term 1905, Page 69, 269

Willemar, Will H.

Shaffer, Alaz et al

Other Defendants Fred S. Shaffer, Amanda Sears

Case 7691 is Alaz Shaffer etc.

Case 7921 is David E. Shaffer et al

Court finds for the Plaintiff and other Creditors of the Farmers Bank $1,000. Norman T. Jackman receiver appointed to collect said sum for the benefit of all creditors of Farmers Bank. Page 269 is case 7921 Receiver is discharged. Final reports have been filed (no details here)

Order Book 41

May Term 1906, Page 90

Williams, Belle

Lawrence, Gorge F. et al

   

On Account-Note.

Order Book 41

March Term 1907, Page 299, 300

Williman, Charlotte

Williman, Joseph, et al

Wife and heirs of Joseph Williman if deceased,
Wife or widow of George Hartle Jacob J. Williman and heirs, The Foreign Missionary Treasury of the Church of the United Brethren Church.

See Williams above

Quiet Title Notice has been filed to non-residency of the Defendants. Defendants in default. Court finds that Charlotte Williman is the owner of the R. E. in question.

 

Copy of this decree is recorded in Deed Book 75, pages 327 and 328.

Order Book 41

March Term 1907, Page 305, 321

Witt, Henry

Ober, David et al

   

Damages Page 321 Case continued.

Order Book 41

May Term 1906, Page 133, 134, 152

Wyatt, Edmond J.

Koons, Charles

   

Possession and Damages. Case is brought into the Circuit Curt by an appeal from a Justice Court. Case submitted to a jury for trail. 3 Page 152 Defendant files a bill of exceptions. Page 134 Jury find the Plaintiff for judgment of $10.13

Order Book 41

March Term 1907 Page 309, 310, 312, 315, 316., 358

Zeigler, George W.

Phillips, Charles F..

   

Quiet Title. Page 310 ( Case 7825) Evidence continued. Page 312 (case 7636) On Account examinations of parties ordered published. Page 315 Goes to trial by jury. Jury finds for the Plaintiff. Defendant files for a new trail. Page 358 Jury finds for the Plaintiff.

Order Book 41

March Term 1904, Page 415, 416, 417

 

 

 

 

 

December Term 1905, Page 16, 45, May Term 1906 page 106, 111, 150, 154, 160, December Term 1906, Page 276

Zimmerman, John

Farmers Bank of Auburn, IN

 

In Recorderís Office there is a Receiverís Deed for the cause pending where John Zimmerman et al are plaintiffs and Farmerís Bank etal are defendants (cause in Order Book 40 ĖDestroyed by Fire) for the sum of $92 coveys to George W. Husselman lots 21, I Shaffer, Robbins & Bolandís Addition.

 

 

 

In Recorderís Office Deed Book 71 Page 44 is the deed to Albert Buchanan for Lot 35.

Page 415 Sale of R. E. to Simon J. Straus for $16,010. Notice was published in the Auburn Courier and Auburn Dispatch. Part of Lot 67 in the Original Plat of the City of Auburn. Page 417 hard to read because of parts being destroyed in 1913 fire. Lots 90 in Western Addition, Lots 18, 21, 35, 38, 41 and 44 in Shaffer Robbins and Boland Addition to the said City of Auburn be sold.

 

For Receiver. Report of Sale of Lot 18 to Toledo & Chicago Construction Co., Lot 45 or 35 to Albert Buchanan, Lot 38 and 41 to Eli. W. Shull, Lot 44 to B. S. Grogg, Lot 21 to George W. Husselman, These lots were all in Shaffer, Robbins, and Boland Addition to the City of Auburn. Court examined and found in order. Page 45 Receiver files a motion to rescind and annul the order of the Court granting leave to the City National Bank to sue the Receiver. Page 106 Claim #159 James & McCurdy allowed $211.19, Claim 662 allowed to Willis Rhoads $262.89. Page 111 City National Bank of Auburn allowed $160 in full, per fund claim and $2440 as a general claim at 50% Page 150 Authority given by the Court for the receiver to file junk. Page 154 Receiver files a claim of Frank Draggoo for $10.. Page 160 Claims: White National Bank of Ft .Wayne $15,916, American Trust and Savings Bank $3,977.42, James I. Best $50 for services. Page 276 Bill submitted by J. E. Rose for $500 allowed, J. E. & J. H. Rose file bill for attorney fees in amount of $2500. Allowed.

Begin on Book 74 pages 224 Commissionerís Deed