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)

THIS BOOK CONTAINS MOSTLY FIRE DAMAGED MATERIAL.

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 Clerk’s 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 Recorder’s 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.

Civil Record

Date

Plaintiff

Defendant

Others

Miscellaneous

Court information

Order Book 42

March Term 1908, Page 140

       

No defendant No plaintiff Case to Declare a Trust Deed enforce Trust Damages

Order Book 42

March Term 1908, Page 142

       

No defendant No Plaintiff. Case to Foreclose Mechanics Lien.

Order Book 42

May Term 1908, Page 320

 

Beaty, Amos et al

Other Defendant Maude B. Beaty

 

Promissory Note. Defendants in default.

Order Book 42

October Term 1908, Page 368

Clark. ? E.

? Toledo and Chicago Interurban R.R. C.

   

Specific Performance Quiet Title Case is dismissed at the defendant’s costs.

Order Book 42

December Term 1908 Page 505

Columbia?

Zerkle, Uriah S.

   

Case 8435 no details.

Order Book 42

 

 

Microfilm Roll Civ. 01

October Term 1908, Page 368

Index Point 000789

Kemery,?

 

 

 

Kemery, Myrtle

Zeigler, ?

 

 

 

Zeigler, Eunice

   

Quiet Title to recover Possession of Real Estate. Pages burned.

Order Book 42

May Term 1908, Page 318

 

Ross, Jay et al

Other Defendants; Geo. Ross and W.G. Conley

 

Foreclosure of Mortgage. Good share of document destroyed. Name of plaintiff missing. Machinery and fixtures in the Laundry in lots 23 and 24 in the original Plat of Garrett were being foreclosed.

Order Book 42

May Term 1908, Page 249

Abel, Charles

Hetzner, Thomas

Other Defendant: W. H. Kiblinger Co.

 

Proceedings supplemental to Execution. Thomas Hetzner three times called and in default. Parts of the document destroyed.

Order Book 42

 

 

 

 

Auburn Weekly Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

March Term 1908 Page 142, 183, 193, 210, 214

December 19, 1907

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday August 20, 1908

Allen, Mary Edith Admr. of the Estate of Emma J. Frederick

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Allen, Mary E.

Slaybaugh, Hiram H. Treasure of DeKalb Co. H. et al

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Slaybaugh, Hiram the County Treasurer

Other Defendant Shook, Emery A.

 

Injunction. Page 183 Case continued. Page 193 Cause is dismissed (Case 8137), Page 210 Case 8254 Case Continued. Page 214 Case 8254 Case continued.

 

Paper States: Mountz && Brinkerhoff, of Garrett, as attorneys for Mary Edith Allen, administrarix of the estate of Emma Frederick, deceased, have begun suit in the circuit court against Hiram Slaybaugh and Emory Shook, respectively treasurer and auditor of DeKalb County, asking that the defendants be permanently enjoyed from selling real estate for the collection of back taxes against said Frederick estate.

: The complaint states that in 1906, the assessor of DeKalb county assessed back taxes against Emma Frederick, without notice to her, amounting with penalties attached, to $897.31 and that the defendant Slaybaugh, as Treasurer and defendant Shook as Auditor, respectively of DeKalb County are threatening to sell certain reel estate of the defendant to satisfy said taxes."

Paper states case is to enjoin the collection of taxes."

Order Book 42

May Term 1908, Page 270-273

A. D. Baker Co.

Clinesmith, Theodore

Other defendants: J. I. Case Threshing Machine Co. Geiser Manufacturing Co. Arbuckle Ryan Co., Emanuel Kimmel, William M. Deetz, Elmer Deetz, Edward Haney

 

Foreclose Mortgage. Each of the groups appears by their Attorneys. Court finds that the defendant Clinesmith is indebted to the Geiser Manufacturing co. in the Amount of $636.31 which is secured by a chattel mortgage on 1 ten Roll Stevens Corn Husker, 1 tank and wagon, one Buzz with all fixtures and appurtenances Above to be sold. On the cross-complaints of Kimmel and Haney Court finds that Defendant Clinesmith on a note to George Rhinehart for $830. defendants are sureties (part of document destroyed). There are other judgments and foreclosures on property.

Auburn Courier

Thursday, November 19, 1908

American Seeding Machine Co.

Grabill, Henry

   

Suite to recover $225 on noted signed by Henry Grabill of St. Joe.

Auburn Courier

January 21, 1909

Anderson, Celestia A. et al

Hawkins, Esther

   

Partition of Real Estate.

Order Book 42

May Term 1908, Page 274

Anderson, James M.

? & Michigan and Southern R. R. Co.

Most of document destroyed. Plaintiff it looks like another name is missing and the word admr is by James M. Anderson

 

Damages.

Order Book 42

March Term 1908 Page 117

Arbuckle Ryan Company

Currie, William

   

Accounts. Case 8082 is dismissed.

Order Book 42

March Term 1908, Page 162

Auburn State Bank

Sanders, William P. et al

Other Defendants: Jeremiah Rastler, Michael Bishop, George F. Baltz

 

Promissory Note. Defendants notified and are in default. Court finds that the Plaintiff is due from the Defendants: $97.18.

Order Book 42

 

 

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

October Term 1908 Page 367

 

 

Thursday, October 1908

 

 

 

 

 

 

 

 

 

Thursday, November 19, 1908

 

 

 

 

Index Point 001927

Baker, Aaron S. Admr. Of the Estate of Emma J. Baker, deceased

John E. Baker Moss Co.

In Recorder’s Office Miscellaneous Book F Pages 192, 193 are the articles of Incorporation for the John E. Moss Co.

Note See also Order Book 43 page 8.

Foreclosure of Mortgage Case 8370. Court finds against all defendants. Plaintiff to recover $2,146.

Aaron S. Baker, as Administrator of the estate of Emma J. Baker, deceased, has brought suit in the circuit court at Auburn to recover $2000 on a promissory note against the John E. Baker Moss Company. D. M. Link as attorney for the plaintiff, alleges in the complaint that on June 23, 1906, Emma Baker sold real estate, situated near Garrett to J. E. Baker as trustee for the company and took the latter’s note for $2000 payable one year after date. This note remains unpaid. Hence the present suit.

Thursday, November 19, 1908 paper states: In the case of A. S. Baker, administrator of Emma J. Baker estate vs. John E. Baker Moss Company foreclosure of mortgage. Judgment was given plaintiff in the sum of $2,146.

Index point 001927-001941

Order Book 42

March Term 1908, Page 171, 178, 179, 212, May Term 1908 Page 254

Baker, Brittie, et al

Benninghoff, Augusta H et al

Other Plaintiff Robert Baker Callie A. Walter, John H. Benninghoff Other Defendants Grace Eytchie Messer & Sylvanus M. Messer , Chas S. Zinn Admr of the Estate of Sarah Baker, deceased

 

Partition. Defendants appear with their attorneys. Pages 178, 179 Court finds that Britte E. Baker and defendants Augusta H. Benninghoff, Calle A. Walter, Grace Eytchie Messer and Sylvanus M. Messer are tenants in common. Parts of the document destroyed by fire. A percentage of the owners are defined and appears land is sold. Page 212 May Term 1908 the Commissioners are authorized to make sale of property. Sold for $3,850. to Price D. West. Page 254 Case continued.

Butler Record

January 3, 1908

Baker, Joshua et al

Toledo & Chicago Interurban RR Co.

   

"To compel them to abide by contract made when plaintiff’s sold them right of way across their land near Altoona in which four farm crossings were to be constructed and maintained and $400. judgment.

Order Book 42

October Term 1908, Page 389, December Term 1`908 Page 501, 509, 510, 511, 512

Baker, Manda

Miser, Christian et al

   

Case 8384. Page 501 Most of document destroyed - Partition. Page 509 Most of the document destroyed by 1913 fire.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Garrett Clipper

March Term 1908 Page 118, 129, 168, 177, May Term 1908 Page 265, Page 284, October Term 1908, Page 369

January 26, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday, June 25, 1908

 

 

 

 

 

 

 

 

 

 

April 9, 1908

Baker, Mary C.

German fire Insurance Co of Pittsburgh, Pa

There are also articles in the Garrett Clipper starting with the January 16, 1908 issue and following issues.

 

To recover Insurance on Property Page 129 Attorneys appears for Plaintiff and Defendant. Page 168 Case Continued. Page 177 Case Continued. Page 265 Non-residency of Plaintiff .Page 284 no details. Page 369 Case 8153. Details destroyed by fire of 1913.

 

 

 

 

 

Mrs. John C. Baker brings suit against Germania Insurance Co of Pittsburgh, Pa to recover $1500 insurance covering the fixtures, stock etc in the meat market conducted by the Bakers. She claims she is the owner. In June 1907 two store building in Garrett burned. John C. Baker and his son Arthur were charged with having set fire to the building that the Bakers were occupying. The two Bakers were arrested and indicted by the grand jury. They are now out of jail awaiting trial on the charge of arson. Trial set for January 22. In the Auburn Courier January 30, 1908 there is a detailed account of the trial. The final verdict Jury find the defendants John H. Baker and Arthur Baker Not guilty as charged in the indictment.

Paper States "The prosecution for the state of Indiana thought that the circumstances connected with the fire indicated that it was of incendiary origin and that the Bakers, father and son, had set fire to it in order to secure the insurance. Despite this failure to convict the two Baker, the insurance company refused to pay Mrs. Baker the amount for which her insurance policy called. "

"The final chapter in the Baker meat market fire closed here Tuesday afternoon when Attorney Shaprless, representing Mrs. John E. Baker, and Mr. Flood, special agent of the Home Insurance Company, reached an agreement and the loss sustained by Mrs. Baker was settled. Never before has a fire in Garrett been followed by so many legal entanglements. First, the Bakers, father and son, were arrested for arson and in a short preliminary hearing were discharged by Justice Beehler. Later they were re arrested and acquitted after a hard fought legal balled in less than fifteen minutes by a jury in the circuit court. The property destroyed belonged to Mrs. J. E. Baker and she had to bring suit for the insurance, which case, as above stated, was settled out of court here Tuesday.

Order Book 42

March Term 1908 Page 139

Beard, George M.

Zimmerman Mfg. Co.

   

Breach of Contract Examination of the Plaintiff ordered published.

Order Book 42

March Term 1908, Page 120, 121, 122

Beechler, Mary W.

Jones, Eliza et al

Other Defendants Husband of Eliza Jones and the heirs of both, Sarah Ann Shilling, Caleb Jones, his wife and heirs, Mary Shreve,, her husband and heirs, Margaret Milligan, guardian and heirs, Sarah Swihart, husband and heirs,

 

Notice has been published in the DeKalb County Herald.. Defendants are in default. Court decrees that the Plaintiff is the owner of the Southeast ¼ of Section 13, Township 35 North Range 14 East, excepting 40 acres of land described as the South ½ of he South ½ of said ¼ Section of said tract which contains 120 acres more or less. The mortgage executed on the 28 of April, 1863 by John and Mary Garber to Margaret Milligan and recorded in Mortgage Record 34 page 428 has been satisfied. Mortgage executed June 10, 1863 by John and Mary Garber to Eliza Jones and Mary Sherer and recorded in Mortgage Record 4, Page 212 has been satisfied. Mortgage executed on April 20, 1900 by John and Mary Garber to Sarah Swihart and recorded in Mortgage record 43, page 233 is satisfied.

Order Book 42

March Term 1908, Page 195, 196, 211

Benneyhoff, Sanile

Dayton, ?, wife of Azon H. Dayton, et al

Other Defendants: ? Bonberger, wife of William Bomberger.

 

Notice of action filed in the Waterloo Dawn. Defendants in default. (Good part of document destroyed). Page 211 Quiet Title. Court decrees that Plaintiff is the owner of the South ½ of the Southwest ¼ of Section 19 in Township 35 North of Range 14 East. Also the Southwest ¼ of the Southwest ¼ of Section 20, Township 35 North of range 14 East.

Order Book 42

 

 

 

Garrett Clipper

March Term 1908, Page 171, 177, 230

June 4, 1908

Bligh, Martin J.

Bapst, Lawrence

   

Account. Page 177 Case continued. Page 230 (Part burned but seems to be part of same action) Plaintiff to recover $281.33 from Defendant.

Martin J. Bligh of Logansport was given a judgment for $350 against Lawrence Bapst of this city last Thursday.

Order Book 42

December Term 1907 Page 104, 111

Blum, August F. etal

Vandalia Railroad Co.

Other Plaintiff Mary Blum

Note the surname Blum could be Bloom. (Hard to read)

Pay for erecting a fence. Court finds that Plaintiff is due to recover from defendant $141.50. Defendant motions for a new trial. Court overrules, Plaintiff prays an appeal to the Appellate Court. Page 111 case to Appellate Court According to the Auburn Paper January 16, 1908 it was erected on the right-of-way of the railroad.

Order Book 42

May Term 1908, Page 325

Boland, Michael

Upson, Jessie et al

Wife of Jessie Upson deceased, heirs of Jessie Upson deceased, etc.

 

Case 8283 Quiet Title. Notice of action filed in the Auburn Courier. Defendants in default. Court orders that the Plaintiff is owner of Northeast ¼ of Section 25, Township ?, Range 13 East 34 99/100 acres of land. (some of document destroyed by fire)

Order Book 42

March Term 1908 Page 115

Boozer, Ralph et al

Supreme Lodge Modern American Fraternal Order

   

To recover insurance. Summons to the defendant by the Sheriff of Marion County.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

March Term 1908 Page 118, 155, May Term 1908, Page 217, 232, 236, 277, 285, 311, Page 343, 345, 425

 

 

Thursday, November 19, 1908

Bordman, Will H.

Dolph Clara B. et al

Other Defendants: Geo. O. Dolph, the City of Garrett and the unknown lien holders

 

Partition Case 8182. Page 155 Dolphs file a general denial. Page 217 Clara B. Dolph files a cross-complaint. Page 232 Request to make complaint more specific. Page 236 Case continued. Page 277 No details. Page 285 No details destroyed by fire. Page 311 no details. Page 343 Page 345 no details. Page 425 Most of document destroyed by 1913 fire. James H. Rose was appointed Commissioner to Sell real estate and his bond was fro $10,000.

Notice in a local paper.

Judge James H. Rose has been appointed commissioner to sell four properties in Garrett in dispute by Will H. Bordman, George Dolph and others. He gave bond in the sum of $10,00

Order Book 42

 

 

 

Garrett Clipper

May Term 1908, Page 210

 

 

May 14, 1908

Brougan, Edna

Brougan, Frank A. et al

Other Defendant Baltimore and Ohio R. R. Co.

 

For support.

 

 

 

 

Mrs. Edna Brougan of this city has brought suit in the circuit court against her husband, Frank Brougan, and the B. & O. railroad to secure support and maintenance. She charges her husband with abandoning her in April after two years of married life, leaving her with no support. He has been a fireman on the B. & O. and has $100 due him as wages, which she wants. Her husband was recently discharged, according to the petition.

Order Book 42

March Term 1908, Page 140, 155

Bruce, Harry C. et al

Rahmer, William

   

Specific performance of Contract. Summons to be issued to the Sheriff of Marion County. Page 155 Cause dismissed by Plaintiff.

Order Book 42

 

Order Book 43

May Term 1908, Page 237

December Term 1908 Pages 59, 60, 62, 64

Bubb, George administrator of the estate of Anthony Bubb

Fort Wayne Springfield R. R. Co.

   

Damages.

 

 

Defendants ask for the publishing of depositions of Mrs. Lucy Gibson and Edward W Mussler? Submitted to the court for trial. Page 62 Case continued. Page 64 Case continued.

Order Book 42

October Term 1908, Page 434

Buss, Libby estate

Dennison, J. A. Trustee

   

Resignation of Trustee.

Order Book 42

May Term 1908, Page 258

Butterworth Hospital

Zimmerman, Edward G.

   

Promissory Note Defendant three times called and is in default. Plaintiff to recover $158.50 from Defendant.

Deed Book 77

Pages 213, 214

Camp, Amanda E. et al

Miller, Albert Deforest. Guardian of Estate of Ethel V. Camp, minor

Other Plaintiffs Mabel C. Judson, Maude B. Duncan, Emma H. Miller and Jesse W. Camp.

 

Partition Case 8479. This was a case held on January 29th 1909 the same being the 35th juridical day of the December Term 1908.

A lengthy description of the partition to Amanda E. Camp, Jessie W and Ethel V. Camp are joint owners of a section, Mabel C. Judson is owner of a portion and Maude B. and Eva H. Miller are joint owners of another section.

Order Book 42

 

 

 

 

 

 

 

Garrett Clipper

March Term 1908, Page 169, 175, October Term 1908, Page 428

April 2, 1908

Camp, Maud E a minor

Baltimore and Ohio R. R. Co.

Other Defendant: Chicago Indianapolis & Louisville R. R. Co.

 

Damages for Failure to deliver goods shipped. Page 175 Motion to set aside service of Summons. Page 428 Alias Summons to be issued for defendant.

 

 

 

 

"Miss Maude Camp is home from the State University at Bloomington for the spring vacation. Through her father Miss Maude is plaintiff in a suit to recover $150 from the B. Y O., the value of a trunk and contents she had delivered to the company’s station at this pit for shipment to Bloomington last September. And which never reached its destination."

Order Book 42

March Term 1908, Page 142

Campbell, John W.

Scoville, Frank et al

   

Breach of Warranty. Case dismissed by Plaintiff.

Order Book 42

October Term 1908 Page 402

Campbell ?

Fralick, ? May

   

Partition

Order Book 42

October Term 1908, Page 420

Campbell, Romaine C. admr

Campbell, John C. et al

Other defendant: Moudy, William

 

Promissory Note Court finds for the Plaintiff that he is to recover from the defendants $111.66.

Order Book 42

March Term 1908 Page 115, 208

Capital Food Co.

Hoodelmier, Twight

   

Promissory Note. Page 208 Case continued.

Order Book 42

 

 

 

 

 

 

 

Auburn Courier,

May Term 1908, Page 215, 232, October Term 1908, Page 369. 385

June 11, 1908

Card, Phinneas A. et al

Cupp, John J. et al

Phineas C. Card of he Greenfield Nursery Co of Greenfield.

Cupp lived near Auburn

Complaint on contract. Page 232 Case continued. Page 369 no details. Case 8250 Page 385 no details.

 

 

 

 

 

Paper state Defendant was beaten in a flim flam game in which a sharp nursery salesman held the wining hand.

"Mr. Hayes was attracted when the agent told him what fine catalpa trees he had for sale and showed him a catalogue containing pretty pictures of fine specimens of ornamental trees. He said the stock would be two feet high and would be big enough for fence posts in a remarkably short period of time. Mr. Haynes ordered $100 worth. When he came to town in a wagon to get his trees at a livery barn he found them in a sack and he was suspicious. Nevertheless he took them home and was dumfounded upon opening the sack to find the trees were little larger than darning needles. He simply put them back into his wagon and returned them to the livery barn and refused to accept them. Now the nursery company is using him for the $100.

Order Book 42

May Term 1908, Page 215, 237, 240

Card, Phinneas A.

Haynes, Edward F.

Haynes lived near Garrett.

 

On Contract. Page 237 Case continued. Page 240 Case continued. See above newspaper article.

Order Book 42

 

 

Auburn Courier

October Term 1908 Page 403

Thursday October 29, 1908

Carmer, Jeremiah M. Admr

City National Bank of Auburn

   

Case 8409

 

 

 

Paper states: Jeremiah M. Carmer, as administrator of the estate of Carl Mortorf, deceased, has brought suit in the circuit court against the City National Bank of Auburn to recover possession of a note of $100 signed by J. M. Carmer and payable to the said Mortorf. In the complaint the plaintiff says that the defendant has been unlawfully intermeddling with the estate of said decedent. It says that since the death of Mr. Mortorf and after the appointment of the administrator the bank gained the possession of the Carmer note, executed to the said Mortorf and refuses to surrender it to the administrator.

 

Microfilm Roll civ. 01

Index point 001914

Casebeer, Sarah E.

Borst, Addison

   

One paper found in with index point 001915.

Order Book 42

May Term 1908, Page 217

Cattell, George

Toledo Chicago & Interurban R. R. Co.

   

Case 7784. Damages and Mandatory Injunction. Plaintiff dismisses case.

Order Book 42

 

 

 

 

Auburn Courier,

May Term 1908, Page 210

 

 

 

Thursday, April 30, 1908

Cattell, George

Mortimer, James D. Receiver for the Toledo Chicago In turban. R. Co.

Case 8256

 

Plaintiff dismisses injunction cause.

 

 

 

Paper states"

"Judge Jas. Rose of this city and A. J. Purinton of Kendallville, respectively attorney and manager for the Toledo & Chicago interurban Co left here at noon on Saturday for Angola to be present at the hearing of the case of George Cattel vs. James D. Mortimer receiver for the T. & C. in which the former asked fro a restraining order to prevent the company from laying their track under the B. & O. bridge at the crossing of the branch line from Garrett to Kendallville, near Garrett, where the two companies have been having so much trouble lately.

But before these two officials left for Angola the T. &C. stole a march on Mr. Cattel and the B. &O and laid their tracks along the disputed route underneath the bridge, the work having been completed at 10 o’clock on Saturday forenoon just where the trucks were before the big dredge was put to work there. This gives the T. & C. the best of the situation at present. Just how the matter will end finally is a question that cannot be answered a present. T. T. & c. is not asleep when it comes to meeting legal barriers.

"It is understood that before summons could be served in the Cattel case against the receiver consent must be first obtained from the Court and this Mr. Cattel’s attorney was trying to do at Fort Wayne. In the meantime the T. & C. put workmen to work and laid the tracks. The first car went under the bridge at noon on Saturday."

Order Book 42

March Term 1908, Page 172

Chapman, James

Shaffer, Charles E.

   

Complaint on contract. Court finds for the Plaintiff and he is to recover $5. from Defendant. According to the Auburn Newspaper January 16, 1908 the breach of contract was in regard to a lease of 160 acres of land.

Order Book 42

Vacation October Term 1908, Page 447

Chicago Horseman Newspaper

John E. Baker Moss Co.

   

Most of document destroyed by fire. Defendant was in Garrett, IN. Summons was issued for Defendant. Bill was for $61.60

Order Book 42

October Term 1908, Page 371, 377, 438, 439, 445

City of Butler in the matter of appeal from sewer assessment.

Cook Jacob

   

Case 8354 Defendant and Plaintiff appear with their attorneys and Defendant on the Sept. 12, 1908. Page 377 Goes to jury for trial. Page 438 439 most of document missing. City of Butler do have and recover from Jacob Cook the costs and of this action. Said cook prays for an appeal to the Supreme Court. Page 445 No details.

Order Book 42

October Term 1908, Page 373, 436

City of Butler in the matte of appeal from sewer assessment

Creager, Frank

   

Case 8329 Most details are missing because of 1913 fire. Page 436 No details.

Order Book 42

October Term 1908, Page 373, Page 436

City of Butler in the matter of appeal form sewer assessment

Gengnagle George F.

   

Case 8358 the 1913 fire destroyed Most detail. Page 435 no details.

Order Book 42

October Term 1908, Page 435

City of Butler

Harrison, Joseph

   

Case 8361 In the matter of appeal of Sewer assessment.

Order Book 42

December Term 1908, Page 495

City of Butler

Riser, Christ et al

Other Defendant Riser, Mary

 

Case 8356 Appeal for assessment.

Order Book 42

October Term 1908, Page 372, 437

City of Butler in the matter of appeal from sewer assessment

Tomlinson, Charles W.

   

Case 8357 Defendant filed with the Clerk on Sept. 14, 1908. Complete description of land was destroyed b 1913 fire. Page 437 benefits of said improvement to be $800 and is not excessive.

Order Book 42

October Term 1908, Page 374

City of Butler in the matter of appeal from sewer assessment

Wagoner, Charles

   

Case?

Order Book 42

March Term 1908 Page 114, 117

City National Bank

Pearl, J. W.

   

Promissory Note attachment. Notice of case filed in the Auburn Dispatch. Page 117 Defendant in default. Court finds for the Plaintiff that he is due from the defendant $862.51

Order Book 42

March Term 1908 Page 115

City National
Bank of Auburn, IN

Walter, Cliff et al

   

Promissory Note. Case 8198 is now dismissed. Case 8200 Case is dismissed.

Order Book 42

May Term 1908, Page 221

Clark, James et al

Tuttle, F. S. et al

Other Plaintiffs: George W. Clark Plaintiffs doing business as Clark Hardware Co. Other Defendants: Harriet F. Row

 

Promissory Note. The defendants are in default of notification. Case goes to Court and Court finds for the Plaintiff that he is due from the Defendants: $67.47

Order Book 42

March Term 1908, Page 128

Clark, Simpson? S.

Toledo and Chicago Interurban Railway Co.

   

Injunction. Court finds for the plaintiff and the temporary injunction is to be made permanent.

Order Book 42

 

 

Auburn Courier,

October Term 1908 Page 401

Thursday, July 9, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday, November 5, 1908

 

 

 

 

 

 

Thursday November 19, 1908

Coats, Clara L.

Bhols, Henry C.

 

 

Case 8318. Breach of Promises. The Plaintiff dismisses cause.

 

Paper states: D. D. Moody as attorney for the plaintiff on Thursday afternoon filed a complaint in the circuit court asking that his client, Clara L. Coats be given a judgment of $3000 against Harvey C. Bhols for breach of promise to marry.

"The complaint sets forth that on May 7, 1908, the plaintiff ad defendant entered into a contract of marriage which the defendant neglected and refused to fulfill on the contrary marrying one, Clara Eastman.

" His marriage to Miss Eastman took place at Fort Wayne on Thursday June 25, an account of which appeared in the courier at the time.

: Miss Coats resides at Garrett and is a young lady who is highly esteemed. Mr. Bhols resides at Peru, IN., where he is engaged in the Wabash shops as foreman. It is understood that he had kept company with Miss Coats for two years. His present wife, formerly Miss Eastman, at one time lived in Garrett, but had moved to Fort Wayne later with her parents. She is the daughter of J. C. Eastman at Fort Wayne and is an Estimable lady.

Paper states "Clara L. Coats of Garret has filed suit at Peru demanding damages in the sum of $2,000 from Harvey Bohls for alleged breach of promise to marry. She alleges that in 1905 Bohls asked her to marry him; that she consented, but that the wedding bells never rang and that August last Bohls was united in marriage to another woman.

"As was mentioned in the Court at the time, this suite was originally filed in the DeKalb circuit Court last July and an attempt was made to get legal services upon him but it was discovered he had changed his residence to Peru so this term of court the case here was dismissed and a similar suit was begun at Peru.

Paper States: Attorney D. D. Moody was at Peru Tuesday attending the sessions there of the Miami circuit court and looking after the interests of his client, Clara L. Coats, of Garrett, in her case against Harry Bohls for breach of promise to marry her. The case was set for trail during the first week in January.

"Mention of the commencement of this case was made some time ago in the Courier. Miss Coats alleges that Mr. Bohls had promised to marry her. Instead of that he married a Miss Eastman of Fort Wayne. On this account she says she had been damaged in the amount of $2,000. Br. Bohls is employed as a foreman in the shops of the Wabash railroad at Peru.

Order Book 42

March Term 1908, Page 128

Cochran, Catherine

Toledo and Chicago Interurban R. R. Co.

   

Damages. By Agreement the case is dismissed.

Order Book 42

Vacation after October Term 1908, Page 453

Coffinberry, John et al

Tarney, Orville W.

Other Plaintiffs: Carle Heingerling doing business under the firm Coffinberry & Heingerling.

 

Most of document destroyed by 1931 fire. Defendant in default. Defendant owes $55.93

Order Book 42

May Term 1908, Page 289

Connin, Ray

Gee, Judd

   

Breach of Warranty

Order Book 42

March Term 1908 Page 119, 120

Coon, Abner D..

Sisson, John Et al

Other Defendants:

Mary Sisson, wife of John Sisson Josephine Willis, Oscar M. Doty, James R. Doty, Harriett Ettinger, Julabel? Dickinson, John W. Doty, Hiram C. Doty and Cora E. Mortoff

 

Quiet Title Notice of action filed in the Waterloo Dawn. The defendants are in default. Court finds that the Plaintiff is the owner of the South ½ of the Northwest ¼ of section 23 Township 35 North of Range 13 East. Containing 80 acres except a tract 1 rod in width off the West that the defendants claim

In Deed Book 75, Page 167, 168 the Copy of the Decree is recorded. (Recorder’s Office)

Case 8144.

Auburn Courier

Thursday June 24, 1908 .

Coss, J. F.

Osfall, Henry

   

The suite was for $13 on account for the printing of sale bills and the publication of sale notice in plaintiff’s newspaper, who is the proprietor of the Ashley Times. The defendant Mr. Osfail is a merchant at Ashley. He had a special sale of his merchandise for June 6 and the bills and notices were for the purpose of advertising this sale. He claims that Mr. Coss did not print the bills according to copy and that the bills and notices were not issued in time to allow their proper posting. As a consequence he claimed $50. The justice gave the defendant, Mr. Osfall, Judgment for $10.

Auburn Courier

Thursday April 16, 1908

Crown Hill Nurseries

Haynes, Edward F.

 

See also Card.

Sale and delivery of peach, plum, apple and other young trees and plants. Suit for $100 for 400 catalpas sold and delivered to Garrett. Defendant has refused to pay for them.

Order Book 42

March Term 1908, Page 159, May Term 1908, Page 217

Cummins, Thomas C etal

Auburn Excelsior Co.

   

Breach of Contract Page 217 Plaintiff was required to file a bond and failed to do so, case is dismissed.

Order Book 42

March Term 1908, Page 200

DeKalb Co. Loan Association

Cool, Thomas J. et al

Luther Nicholson & Celia Nicholson file cross complaint against defendant

 

Foreclosure of Mortgage Cause submitted to Court for trial. Court finds Plaintiff is entitled to foreclosure. And to recover $671.25 Court finds that Luther and Celia Nicholson I their cross complaint and entitled the sum of $104.75. Plaintiffs mortgage to be foreclosed on a part of the South ½ of the East ¼ of Section 33, Township 34 North Range 12 East. bounded as follows (details in document)

Order Book 42

 

 

Auburn Courier,

October Term 1908 Page 393

Thursday, July 2, 1908

Depew, William

Baltimore & Ohio R. R. Co. et al

   

Case 8314 no details.

 

 

Paper States: Mountz & Brinkerhoff, as attorneys for the plaintiff, William Depew have brought suit in the circuit court against the Baltimore & Ohio Railroad for $75 damages for negligence by which the cow of the plaintiff was killed. The complaint alleges that because the defendant filed to construct fences along the right of way the cow of the plaintiff wandered onto the tracts and was struck by a passing train and killed. Hence negligence on the part of the company is charged.

Order Book 42

March Term 1908, Page 173

Detroit Bag Co.

Christian, Albert

   

Account Court finds for the Plaintiff and is to recover $115 from defendant.

Microfilm Roll Civ. 01

Index point 001111

Draggoo, Hannah

Michener, Benjamin et al

   

From index point 001111-001113

Auburn Courier

Thursday, October 29, 1908

Ellen Manufacturing Co.

Reyher, John V.

   

"Late Thursday afternoon the Ellen Manufacturing Company through it attorney L. J. Gengler, the well known Garrett attorney, brought suit in the circuit court against John V. Reyher for $174.77 on account.

Order Book 42

 

 

Auburn Courier

March Term 1908 Page 118, 158

January 16, 1908

Emanuel, Charles E.

Zeigler, Eunice

   

For Attorney Fees. Case 8158 Page 158 Case continued.

According to the newspaper Charles E. Emanuel brought suite against Eunice Zeigler for fees earned as attorney for her son, Alonzo, who was indicted for larceny and upon plea of guilty sentence was suspended during good behavior. Plaintiff alleged that he was employed to defend the son and that she would pay him for the services. Plaintiff traveled to Winona (Winona Agricultural Schools near Warsaw) to arrange to have the son taken into the school there. Plaintiff asks judgment of $85.

Order Book 42

May Term 1908, Page 367

Fire & Engine ?

Baker, John E.

   

No details. Pages destroyed.

Auburn Courier

Thursday, November 5, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday, November 12, 1908

 

 

 

 

 

 

 

 

Thursday, November 19, 1908

 

 

 

Fisher, Ella

Klotz, Rev. P.

   

"Ella Fisher of Waterloo, by her attorney J. E. Pomeroy has brought suit in the circuit court against Rev. P. Klotz a well known minister of the United Brethren church asking damages in the sum of $5000 for breach of promise of marriage.

The complaint alleges that Rev. Mr. Klotz was attentive to her and that in the Month of July 1907 they entered into mutual agreement to be united in marriage, which it was expected would occur in September of that year, and that the fact of their prospective marriage was given general circulation in Waterloo.

Instead of that, the complaint alleges he was married to another lady in August of said year, Ellie W. Klotz and prior to said marriage and sent word to the plaintiff that he had changed his mind, also circulating harmful reports concerning her.

The plaintiff has resided in Waterloo for practically all of her life. The defendant has been in the ministry for twenty-eight years.

Paper states. The damage case brought by Ella Fisher of Waterloo against Rev. S. P. Klotz of the same place was settled Saturday afternoon by agreement of parties and the case dismissed. Miss Fisher sued for $5,000 damages for breach of promise. The amounts agreed upon we are not informed about but we understood the sum was agreeable to the plaintiff.

Paper states: "A marriage license issued by county clerk Jenkins just before noon hour on Wednesday was to Fairfield Snyder and Ella M. Fisher, both of DeKalb County.

Connected with the issuance of this marriage license are some facts, which makes it of more than ordinary interest, facts which have been previously mentioned in the Courier.

"The lady, Miss Fisher brought suit in the circuit court here a few weeks ago against Rev. S. B. Klotz, a well known minister of the United Brethren Church, for $5,000 damages for breach of promise of marriage. The Rev. Mr. Klotz paying her $800 afterward settled this suit. J. E. Pomeroy, of Auburn being the attorney.

"Fairfield Snyder, the gentleman mentioned in the license, is a physician at Corunna. He is 68 years of age. Miss Fisher is 40 years old."

Order Book 42

December Term 1908, Page 487

First National Bank

Parker, Claude M.

   

Case 8447 no details.

Order Book 42

December Term 1908

Ft. Wayne Iron & Steel Co.

Reyher, John V.

   

Most of document destroyed by 1913 fire. Defendant owes the Plaintiff $22. and costs.

Order Book 42

May Term 1908, Page 339, October Term 1908, Page 413

France, Ida et al

Walter, Cliff

Other Plaintiff Julius Heyn and Harry L France.

 

Case 8338 no details. Page 413 Account. Plaintiffs to recover $173.28

Auburn Courier

Monday, January 18, 1909

January 21, 1909

Fred W. Shepard Co.

Baker Peat Moss Co

   

Case was dismissed.

The parties reached a settlement.

Order Book 42

May Term 1908, Page 209, 237, 253

Fridenberger, John A.

Teutsch, Almira et al

Other Defendant: Fidelious Gallagher

 

Foreclosure of Mechanics Lien. Notice filed in the DeKalb County Herald Page 237 Case continued. Page 253 Case continued.

In Miscellaneous Book F Page 505 (Recorder’s Office) this Lien is recorded.

Order Book 42

March Term 1908, Page 151, 152, 153. May Term 1908 Page 289

Freeze, A. John

Baltimore and Ohio R. R. Co

   

Damages. Case 7320. Case appealed to the Supreme Court from DeKalb Circuit Court. Defendant is now the Appellant and Plaintiff is the Appellant. R. W. Loucks brought action against appellate and appellant as garnishee defendant before a justice of the Peace of Cook County, Illinois and judgment was rendered for $18.90 Appellant paid. The Appellate had resided at Garrett, In for 17 years and had been in employ of the Appellant for 1 year prior to Sept. 1903. Due him was $.?.37 and the wages were stopped in Chicago. The opinion and judgment of the court is included in this document. A motion for new trial is sustained. Page 289 no details.

Order Book 42

December Term 1907, Page 102, 103

Friend, Norris Adminstrator of the Estate of Minerva Keen

Keen, Amos E.

 

May 8,1906 Administrator was appointed for the estate of Minerva Keen.

Case 7865 Accounting Plaintiff to recover from the Defendant $184. Case 7866 Accounting Plaintiff to take nothing from this action. Case 7867 Page 103 Plaintiff to take nothing from this case. Case 7868 Court finds for the defendant, Plaintiff to take nothing from this case.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

May Term 1908, Page 246 October Term 1908, Page 369, 399, 401, 403, 432

 

 

 

 

 

 

Thursday November 19, 1908

Furnish, Frances A. et al

Hoopingarner, Benjamin

Other Plaintiff C. Muril? Luttman

 

Ejectment Quiet Title Page 369 Case continued. Page 399 Goes to Jury trial. Page 401 case continued. Case 8277. Page 403 Jury trial found for the Plaintiff. Page 432 Plaintiffs to recover $30 and costs from the defendant. The Plaintiffs to have the possession of Lot 35 in Luke’s Addition to the City of Auburn.

Paper states: Francis A. Furnish vs. Benjamin F. Hoopengarner case of damage and ejectment, finding for the plaintiff allowing $30 damage and full possession of property.

Order Book 42

December Term 1908, Page 487

F. W. Sheppard Pub. Co.

John E. Baker Moss Co.

   

Case 8444 no details.

Order Book 42

Vacation October Term 1908, Page 449

Gage, George E.

Reyher, John V.

   

Most of document destroyed by 1913 fire. Summons was issued for John V. Reyher and made returnable to Garrett, IN.

Order Book 42

May Term 1908, Page 275

Gattel, Henry E.

Wells, William Edward

   

Promissory Note Defendant in default and the Court rules the defendant owes Plaintiff $76.16

Order Book 42

Vacation Term 1907 Page 109

Geisinger, Lewis N.

Nusbaum, William H.

   

Injunction

Auburn Courier

Thursday, August 20, 1908

Gelhousen, Frank

Weaver, Harvey D.

     

Order Book 42

December Term 1908, Page 483

George, E. J.

Wabash ?

   

Case 8395 no details. See suit for Geo. Grate for details

Order Book 42

 

 

 

 

 

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order Book 42

 

 

 

Auburn Courier

March Term 1908 Page 154, 169, 181, 281, May Term 1908, Page 321

Thursday, March 19, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

December Term 1908 Page 483, 489

 

Thursday, October 29, 1908

Grate, George W.

Wabash Railroad Co.

Other Defendant: Indiana Improvement Co.

 

Damages. Page 169 Attorneys appear for the defendant. Page 181 Case continued. Page 281 No details. Page 321 Case 8228 no details.

Paper states:

George Grate is one of the residents of Ashley who is not satisfied with having the business life of that town extinguished by the recent whim of the Wabash Railroad Company and seeks redress in court in the sumo f $1500 as damages. Mr. Grate has retained Thomas S. Wickwire of that place and Leonard & Leonard of Fort Wayne who have filed a long complaint against the Wabash Railroad Co.

In brief, it alleges that the company's desire to build a railroad from Montpelier, O., to Chicago in 1892 and also desired to secure a suitable place and a sufficient quantity of land so located that division headquarters and division terminus could be established. With that in view the company organized the Indiana Improvement Co., which purchased more than 700 acres platting it into tow lots, selling them. Thus Ashley sprung up. It retained one hundred and twelve acres along the company’s right of way and later sold it to the company. The lots were sold with the distinct understanding that he company would locate and permanently maintain its roundhouse, repair shops, machine shops and other necessary building in connection with a railroad terminus.

Here is where the plaintiff was caught up, so he says. He purchased one of these lots at a cost of $300. And built a house upon it valued at $1700. Since the company removed its shops, etc to Montpelier, about a year ago, Mr. Grate says his lot is worth only $20 and his house only $480. He says he has been damaged in the sum of $1500 and demands the Wabash Railroad company to pay it.

Case 8396 no details.

Page 489 case 8406 for damages. No details available.

 

Paper states: Senator Thos. S. Wickwire of Ashley was in the city Wednesday and as attorney for the plaintiffs filed complaints for Ashley residents in eighteen suits in the circuit court against the Wabash railroad company demanding in each case from $600 to $1,500 and aggregating something over $25,000.

Each suit is similar in nature, to the one brought some months ago by Geo. Grate venued from this to Allen County and now in the superior court of Fort Wayne

The allegations are that the plaintiffs were induced by the Wabash railroad company on the promise that the division headquarters and terminals of the company would be established and maintained at Ashley, to purchase property at Ashley of the Indiana Improvement Company, a company acquired by the Wabash railroad and to make improvements thereon.

It is set out that this agreement by the Wabash Company has not been kept. They failed in its performance. After locating the division in headquarters and terminals there and causing the plaintiffs to make valuable improvements on the property purchased, the company removed to Montpelier, causing a great depreciation in the property purchased by the plaintiffs. It is for this damage that the suits are brought by parties, who are follows: Frank. P Hoover, Julia Greene, Jacobs S. Kalb, Charles A. Lakin, L. L. Phillis, Wm. A. Hughes, Flora S. Lowenthall, Wm. E. Creager, Amanda Hinkley, George Grate, Elizabeth J. George and George Rhinesmith.

There are three different suits for Julia Greene, three for George Grate, Two for Frank Hoover and two for Wm. Creager.

Suits of a like character, aggregating $25,000 were also filed by Senator Wickwire for Ashley parties against the Wabash Company at Angola on Tuesday. On Thursday suits of the same character for $25,000 will be filed at Angola and also suits for $25,00 at Auburn. This will make the Wabash facing suits for $100,000 all as the result of having removed their division headquarters and terminals from Ashley to Montpelier.

Order Book 42

December Term 1908 Page 481, 483

Green, Julia A.

Wabash R. R. Co.

   

Case 8392 No details papers burned by 1913 fire. Page 483 no details. See suit of Geo. Grate for details.

Order Book 42

 

 

Auburn Courier

October Term 1908, Page 401

Thursday, September 3, 1908

Grogg, Isaac

Lower, Nettie et al

Other defendants

Oliver Grogg, James N. Fitch executor of the estate of Emily Thomas, deceased

 

Case 8345. Petition to construe Will.

 

Paper states the suit grows out of the will of Mrs. Thomas and the bequests she made to the heirs. The husband, Mr. Thomas was not satisfied with the will and elected to take his one-third but afterwards settled in full for his rights for $1001. The suit is to adjust the respective claims of the other heirs. The total value of the estate real and personal is something like $7000

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

October Term 1908, Page 393, 394, 395, 396, 433

 

 

 

 

 

 

 

 

 

Thursday, October 8, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Index point 001839

Gruhike, August J.

Norton, James F.

   

Unfortunately the fire of 1913 has destroyed most of the pages. Ejectment damages case 8340. Committed to Jury for trial. Case continued. It seems to be over Lot 45 in the Old Plat in the town of Waterloo. Case 8340. Page 433 No details.

Paper states: The case of Augustus Gruhike vs. James F. Norton an action in which the parties concerned are from Waterloo and which had been on trial in the circuit court since Thursday noon, went to the jury at 9 o’clock on Saturday forenoon and at 11 o’clock the jury brought in a verdict for the defendant.

"The action was for the possession of a building in Waterloo which the defendant occupied as a tenant an on which, at the instance of he plaintiff, he had made some repairs. The failure to pay rent, damages and other questions figured in the case and it was warmly contested by both parties. The attorneys for the plaintiffs, were Mr. Phillips of Waterloo and P. V. Hoffman of Auburn. The defendant was represented by J. E. Pomeroy of Auburn.

"During the trial quite an amusing tilt occurred between the attorneys, Attorney Pomeroy was contending for a certain law point, arguing that the construction he put on it was the law, when he was interrupted by Attorney Hoffman with this outburst:

‘Why, I have practiced law for thirty years and I never heard of such a thing."

"That may all be, replied Attorney Pomeroy. "Moses wandered around in the wilderness for forty years because before he got out of it. You will have ten years the best of him:"

Index point 001839-001914.

Order Book 42

March Term 1908 Page 118

March Term 1908, Page 130

H. C. Bruce and Frank Loar Partners

Rahner, William

   

Specific performance of contract. Case 8176

This case does not show a plaintiff only ? Bruce, No case No.

Order Book 42

March Term 1908, Page 163

Hallet, William

Hallet, John W et al

Other Defendants

Minnie Millbourn and Anna Childs (according to Deed book 75 page 2)

 

Partition.

Monies paid out Fred Dellbach interest for land sold $55, Fairfield Township for Gravel $28.40 Paid out in 190 Anna Childs $300, J. B. Childs guardian of John W. Hallet $300., Minnie Milburn $300., William Hallet $300., William Hallet $840., Minnie Milburn $60., J. Henderson Recording & release of mortgage $1.20., Clerk Jenkins $24.40., Treasurer taxes $14.69., Annie Childs distribution $959.37., Minnie Milburn $959.37., William Hallet $959.37., Baxter and Baxter attys in case for Conner $65. John W. Hallet died intestate Feb 16, 1908. Guardian Jason B. Childs paid the funeral expenses, etc.

Deed Book 75 Page 5 in Recorder’s Office is recorded the sale of the West half of the northeast quarter of the northeast quarter and the west half of the northeast quarter also the east half of the northwest quarter all of section 27 in township 35 north of range 12 east, excepting 53 1/3 acres off the south end of said last two named tracts and excepting also a tract of land 32 rods 32 wide, east and west off the west side of the east half of the northwest quarter of said section. Also, excepting from said last two named tracts, a tract bounded by a line commencing on the north line of said section….." Sold to Frederick M. Dellenback.

Deed Book 77

Page 540

Hampshire, Jonas J.

Miser, John et al

   

Case 8042 quiet title. Took place on the 7th day of January 1908, being the December 1907 term. Plaintiff is the owner of Northeast ¼ of Section 13 township 34 north, Range 12 East, excepting 32 acres off the north side of the northwest ¼ of said Northeast quarter containing 128 acres. That the defendants Lovina Cochran, Pearl Grate, Florence Grate, Violet Grate, John Likens, Dora Likens, Guy Grate and roscoe Grate have not right title or interest and Plaintiffs title is quieted forever.

Order Book 42

 

 

Garrett Clipper

May Term 1908, Page 266, 285, 295

June 4, 1908

Hansen, Elmer H.

Kibble, Harry F.

   

Account defendant appears by his attorney. Page 285 Defendant answers (no details) Page 295 Case continued no details.

Attorney Sharpless has filed a suit for $251.37 against Harry Kibbe in the interest of Elmer H. Hansen for house rent and goods sold.

Order Book 42

 

 

 

 

 

Auburn Courier

March Term 1908, Page 151, 154, 192, May Term 1908 Page 293

Thursday, March 19, 1908

Hartman, Eliza E.

Zonker, Wayne

   

Partition. Case 8124 Page 154 Court finds for the defendant and Commissioners are appointed to make partition. Page 192 Commissioners appointed and they set aside a section to Wayne Zonker, and Eliza E. Hartman Page 293 No details.

Paper states: Attorney R.O Johnson and T. A. Redmond have returned from Auburn where they were interested in the case of Eliza Hartman vs. Wayne Zonker suite in partition, involving the division of the Zonker estate of 120 acres in DeKalb county. The hearing resulted in a victory for Wayne Zonker, the court setting aside the report of the commissioners and referring it back to them says the Kendallville News of Saturday.

The history of the case is that Mrs. Hartman and Mr. Zonker, who are sister and brother each originally had one-sixth interest in the estate by inheritance. Mrs. Hartman bought the other four-sixths. When the division of the estate took place, the commissioners who were appointed to apportion the property gave Mrs. Hartman a shade the best of it in the partition proceedings and Zonker through his attorneys, D. M. Link and R. O Johnson, filed exceptions to the report of the commissioners. The exceptions were sustained and now the commissioners will have to go over the matter again and make another report.

In Recorder’s Office Deed Book 75 page 481 there is a partition for this case. Division was made to each individual.

Order Book 42

March Term 1908, Page 186, 194

Hayes, Florence M.

Hayes, James C

   

Contempt of Court. Part of document destroyed by fire. Page 194 Defendant has paid and satisfied amount. James C. Hayes is released from custody.

Order Book 42

March Term 1908 Page 118

Heckathorn, Kae

Wair, James W. et al

   

To set aside fraudulent conveyance Case 8175 is dismissed.

Auburn Courier

March 19, 1908

Henry, Ida M.

Dingman, Eugene S.

   

Breach of Promise. "Miss Ida M. Henry has filed three suits, all based on courtship, in the circuit court at Columbia City against Eugene S. Dingman, of Allen County. She alleges that on Christmas day in 1905 Eugene proposed to her and they agreed to get married. She asked Eugene to postpone the wedding till the spring of 1907 and he agreed to postpone it till the fall of 1907.(there follows a listing of monies borrowed by Dingman). She also sues Scott Dingman, the boy’s father for $112 borrowed money. The third suite is for breach of Promise to marry. She alleges that while she was preparing to marry Eugene he married Adda Havens and she want $3000 .

Order Book 42

May Term 1908, Page 326

Hernia?, Herman et al

Hays, Joseph et al

   

Quiet Title, Cancel Mortgage. This is very difficult to read since so many words and sentences are destroyed by fire.

Order Book 42

May Term 1908, Page 178

Hixon, Robert et al

Marvin, Hubert L. et al

Other Plaintiff Frank S. Smith

 

Foreclosure of Mechanics Lien Court finds for the Plaintiff and is to recover $83.20 from the defendant, The Rector, Warden, Vestrymen, of Emanuel Episcopal Church of Garrett, IN. Foreclosure on Lots ? & the West ½ of Lot 20 all in Block 32 in the Original Plat of Garrett.

Order Book 42

December Term 1907 page 90

Holladay, Emma et al

Henney, David et al

Other Plaintiffs Jennie Leas, Alma Cox, Susie McCligan?, Other Defendants Albert Henney, Edward Heney, Amanda Deetz

 

Partition; Commissioners Report Partition No. 8104. On January 2, 1908 the court ordered and decreed that partition be made of the Northwest ¼ of Section 4, Township 35 North Range 12 East. Being the land of Jacob Henney at the time of his death. Commissioner’s partition of land is described in this document.

Order Book 42

May Term 1908, Page 209

Hook, Charles et al

Baughman?

   

Injunction

Order Book 42

December Term 1908, Page 489

Hoover, F. P.

Wabash R. R. Co.

Other Plaintiff Emma S. Hoover, Other Defendant; Ind. Improvement co.

 

Case 8405 no details. See suit by Geo. Grate for details.

Order Book 42

May Term 1908, Page 307

Hogue, James A.

Wells, Wm. Edward

Other Defendant John L. Wilderson

 

Most of document burned. Plaintiff to recover $28.

Order Book 42

May Term 1908, Page 313

Houghton, Charles A.

Houghton, Darius K.

   

No details. Case 7898

Order Book 42

 

 

Auburn Courier

October Term 1908, Page 429

Thursday, November 19, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday December 24, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday, December 24, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hunt, Harry

Thumma, E. B. et al

Other defendant Wm. Watson

 

Case 8434 Mandamus. Plaintiff files a complaint for a writ of mandate.

Paper states; In the circuit court on Friday, Judge Bratton, on the application of Harry Hunt, a citizen and tax paper of Garrett, granted a writ of Mandamus directed to E. B .Thumma, the mayor and William Watson, the clerk of the City of Garrett, commanding them to allow Will A. Rundell, an expert accountant of Fort Wayne to examine the books of the water and light plant of the City of Garrett. The attorney filing the papers is W. G. Campbell. The circumstances that led up to the granting of this writ for an examination of the Garrett City books have already been referred to in detail in the Courier.

(In another section of the paper)

"It has already been stated in the Courier that a movement was on foot among some of the citizens of Garrett asking the city council of that place to have the city books audited by an expert, particularly the accounts with reference to the water and light works. The matter came up in the meeting of the Garrett City Council this week and concerning the result the Garrett Clipper says.

‘Harry Hunt and others who have been demanding an expert auditing of the water and light books of the city had not written petition ready Tuesday night for the council to act upon and therefore no action was taken regarding the matter. " (there is more to the article that we have not copied.)

Paper states: The Garrett case, the one in which Harry Hunt of that city has brought action asking that the corporation officers be compelled to allow a competent expert auditing of the books of he city, came up in the circuit court Monday afternoon.

:The city, by attorney, made a motion to dismiss he case on the ground of improper service. It was served by copy of the writ, instead of the original, on the city clerk, Mr. Watson, The City’s attorney claims this is not good service.

"After a prolonged argument of attorneys, Judge Bratton held that service must be made by delivery of the original writ. The complainant filed motion so to do and this was allowed. The result will be a delay in the hearing of the case, but it will come up this term probably this week."

Paper states: The employment by the council of an expert accountant to audit the municipal books, as recommended by a citizens’ committee, makes no difference to Harry Hunt and his associates."

"They are going to fight Mayor Thumma in the DeKalb circuit curt just as hard as if the council had taken no action whatever….."

Order Book 42

December Term 1908, Page 485

Hurst, Harry

Thumma, E. B. et al

Watson, Wm.

 

Petition. No details Case 8343.

Order Book 42

 

 

 

 

 

Microfilm Roll Civ. 01

March Term 1908, Page 129, 159, 183

 

 

Index point 001238

International Harvester Co. of America

Krabill, Henry W.

   

Account on Contract. Case 8162 Ordered to answer by April 6, 1908. Case 8163 Same as case 8162. Page 159 Extension of time for the Plaintiff to answer interrogations. Plaintiff requests consolidation of 8162 and 8163.

From Index point 001238 – 001316.

Deed Book 77

Pages 43, 44

Jackman, Jefferson et al

Rockwell, Stephen et al

   

Quiet Title Case 8320. Copy of the decree is recorded in the Recorder’s Office.

Order Book 42

May Term 1908, Page 339

Jackman, W. et al

Jackman, Jefferson W. et al

Other Plaintiffs: Mary Jackman

 

Quiet Title Notice published in the Auburn Courier. Court finds for the Plaintiffs.

Deed Book 75

Page 430

Jacoby, Lewis H.

Work, Henry

   

Quiet Title Case 8292 The judgment and decree are recorded on page 430. Plaintiff is the owner of Town lot 52 in the original plat of the city of Auburn.

Order Book 42

October Term 1908, Page 413

Jahant Heating Co.

Nusbaum, Wm H. et al

   

Case 8346 Account contract.

Order Bank 42

May Term 1908, Page 323

Jelhousen, Frank

Weaver, Harvey D. et al

   

Case 8015 No details.

Order Book 42

 

 

 

 

 

Microfilm Roll Civ. 01

Butler Record

March Term 1908 Page 129, 177, May Term 1908 Page 357

Index point 001061

May 22, 1908

Johnson, Anthony et al

Baltimore and Ohio Railroad Co.

Other Plaintiff

Andrew Johnson

 

Damages. Baltimore and Ohio files demur. Page 177 Case continued. Page 357 Cause is dismissed.

 

 

 

 

Index point 001061 – 0011109

 

The first case on the docket for the jury to hear is Anthony Johnson et al vs. the B.& O. et al a suit to secure $1000 damages for failure to transport safely a car load of cattle from Louisville, Kentucky to Garrett. The plaintiffs reside at Franklin, Indiana and are dealers in stock. The carload was consigned to the firm Smith & Wilder at Garrett. This suit was filed during the October term of court. It is set for hearing next Monday.

It is evident from the answer filed by the defendant companies that they will contest the case pretty thoroughly. They allege that in the contract under which the stock was shipped the shippers agreed to stand all loss that might result from any of them being unruly, weak, or the escape of any of them etc. The defendants allege that the stock was wild, unruly and weak and while in transportation they hooked each other, did themselves injury for which the company is not responsible under the contract. The defendants say the plaintiffs had a special contract thus assuming the risk at less expense.

Order Book 42

March Term 1908, Page 183, 207

Johnson, Melville W.

Riccius Herman

   

Injunction Page 207 Case continued.

Order Book 42

May Term 1908, Page 209

Johnson, William E.

Fee, Willard

   

Replevin Cause is dismissed.

Microfilm Roll Civ. 01

Index Point 000805

Jones, Elizabeth

Ocker, Bell M. et al

 

 

Case 7962 index point 000805-Index Point 000875

Order Book 42

May Term 1908, Page 279, 299

Jones, Harry

Ensley, Nicholas et al

Other defendants: Ezra Ensley, Nancy A. Stafford, Laura A. Jen, Ella E. Dirrim, Floy L. Ensley, & Lydia M., Hosier, John Perry Ensley, Emmet Ensley, Carrie O. Feagler, Ellsworth Ensley, Ina M. Wells, unknown heirs of Joseph
Straus, deceased, Samuel A. Straus, deceased. Jeannette Ensley deceased.

 

Quiet Title to satisfy mortgage. Page 299 The following were notified by a notice in an Auburn paper John Perry Ensley, Emmet Ensley, Carrie O. Feagler, Ellsworth Ensley, Ina M. Wells, unknown heirs of Joseph
Straus, deceased, Samuel A. Straus, deceased. Jeannette Ensley deceased.

Floyd L. Walter, Ezra Ensley, Laura A. Zent, Ella E. Dirrim, Burley Ensley Cleveland and Lydia M. Hosler were notified by summons. Court finds that the Plaintiff is the owner of the land.

Order Book 42

December Term 1907 Page 104, 105 and 106.

Juday, Emaline et al

Reyher, Mary V. et al

 

In the Partition these names are mentions. Emaline Juday, Thomas J. Juday, Emaline Juday, guardian of Orpah Zimmer, a minor, Elizabeth Ott, Thomas Ott, William Zimmer and Mary Bell Zimmer vs. Mary A. Reyher, Edwin C. Reyher, Hershel Thomas Administrator of the estate of Michael Zimmer, deceased, Mary A. Reyher administrator of the estate of Sophia Zimmer, deceased.

Partition.

Final sale to

Mary A. Reyher for $2,330. Case 7888. Notice of sale was published in the City of Garrett.

Mary A Reyher bid on Lot #6 and the north half of lot #7 in Block 22 in the original plat of Garrett bid $705. and for lot #8 in Block 17 $210 and lots 22 and 27 $605. and for 46 ½ feet off the East end of lots 9, 10, 11, 12 and lot #17. $810.

Copy of Deed included..

 

In Recorder’s Office there is a Commissioners Deed for this transaction. Deed Book 75 pages 389, 390 Also Deed Book 76 Page 90.

Order Book 42

December Term 1907, Page 103, 114, May Term 1908, Page 311, 338

Keen, John C. guardian of the heirs of Sarah A. Boren

Shaw, Otto J. et al

   

Promissory Note and foreclosure of Mortgage ordered. Alias summons to the Sheriff of Pulaski County for the defendant. Page 114 Attorney enters his appearance for Otto J. Shaw and Mina L. Shaw. Page 311 no details. Page 338 Difficult to read because of damage done to the document during 1913 fire.

Order Book 42

May Term 1908 Page 267

Kelley, Dallas M. et al

Waters, Abraham et al

Plaintiffs are Ida L. Kelley, Nettie Viola Stafford and John M. Stafford.

Defendants Charlotte Waters, Sahr Lotty Waters, Henry Fields, ? Fields his wife, Reuben I Dawson wife or widow of Edward M. Morgan,

 

Quiet Title Plaintiff files affidavit of non-residency of the defendants.

In Recorder’s Office, Deed Book 75 pages 414, 415 there is a Copy of Decree for Dallas M. Kelley et al vs. Abraham Waters et al Case 8306.

Order Book 42

December Term 1908, Page 459

Kenline, William

Bonnett, William

   

Most of document destroyed by 1913 fire. Defendant in default. Defendant owes Plaintiff $12.

Order Book 42

October Term 1908, Page 367, Page 379, Page 429

Kennedy, John H.

Wantz, Sarah

   

Mechanics Lien Case 8353. Page 379 Complaint to be made more specific. Page 429 No details.

In Recorder’s Office Miscellaneous Record Book G Page 15, The Auburn Lumber Co had a Mechanics Lien against Sarah Wantz and John H. Kennedy. Note below Sarah Wantz sues John H. Kennedy.

Deed Book 75

Pages 416, 417, also 591, 592

Kenning, Harman et al

Hayes, Joseph et al

Other Plaintiff Henrietta Kenning.

 

Quiet Title case 8267. Copy of the decree is in Recorder’s Office.

Order Book 42

May Term 1908, Page 209, 215, 246

King, Frank

Basse, Mary

   

Foreclosure of Mortgage Page 215 Case Continued. Page 246 Cause is dismissed by Plaintiff.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

May Term 1908, Page 246, October Term 1908, Page 385, 480, 502

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday, October 22, 1908

 

 

 

Thursday, October 29, 1908

King, Dr. Frank A.

Rink, Jacob et al

Other Defendant: Trissie Rink

 

Account Page 385 Case 8280. Jury appointed: Till Elson, Ora Crew, Henry Shaffer, W. J. Peckhart, Justin Girardot, ? Pool, George W. Rakestraw, B. E. Widney, B.F. Hurraw, and F. M. Dellenbaugh. (two other names missing). Plaintiff leaves to dismiss this case without prejudice. Page 480 Attorney appears for the defendants. Page 502 Notice in the DeKalb County Herald October 23, 30 and Nov. 6, 13, 1908

Paper States: The case of Dr. Frank C. King vs. Jacob Rink and Trissie Rink in which Dr. King sued for $90 as services for attending several cases of smallpox in the Rink family, came to an abrupt close in the circuit court at Auburn last Tuesday afternoon, The plaintiff had submitted all his testimony and had clearly proved the nature and the worth of the services rendered; but had failed to set out his complaint that he was a regular practicing physician, which it is necessary, by law to do.

On this account D. M. Link the attorney for Dr. King moved that the court dismiss the case and this Judge Bratton did.

The Case of Dr. Frank C. King vs. Jason Rink and Trissie Rink, in which Dr. King sued for $90. as services attending several cases of smallpox in the Rink family, came to an abrupt close in the circuit court at Auburn last Tuesday afternoon.

The plaintiff had submitted all his testimony and had clearly proven the nature and the worth of the services rendered, but had failed to set out in his complaint that he was a regular practicing physician, which it is necessary, by law, to do.

On this account D. M. Link, the attorney for Dr. King moved that the court dismiss the case and this Judge Bratton did.

Order Book 42

October Term 1908, Page 413

King, Dr. Frank A.

Rink, Jacob

   

Case 8385 account.

Order Book 42

March Term 1908, Page 187

Knisley Brothers & Co a corporation.

Oberlin, Philip et al

   

Promissory Note. Case is dismissed.

Deed Book 42

Pages 454 and 455

Koch, Martin L.

Bice, William et al

Other Defendants: Margaret Bice, widow of William Bice, Sr. Sarah J. Wallace (Formerly Sarah J. Bice) deceased, William Wallace the surviving widower of Sarah J. Wallace, deceased. Mariah Wyman, Maria Wyman and her husband. Sylvia Lyon, William Lyon, husband of Sylvia) Joseph Gustin, Mary G. Gustin his wife. Mary Zuber, formerly Mary Bice, and her husband John Zuber, John Zuber, r, Cyrus J. Zuber, Cyrus O. Zuber, Louisa Zuber, William Zuber Jr. Belle Bice wife of William Bice, Jr. and others.

 

Quiet Title. Martin Koch is the owner of a part of the Northeast quarter of Section 36, Township 33 North Range 14 East. (Fuller description is included)

Order Book 42

March Term 1908, Page 165

Koepke, Henry B. et al

Watts, Josiah

   

Transcript on Complaint. A lot of this document is destroyed. It was for a note for $40 with the Garrett Banking Co. dated April 17, 1905. Summons issued for Josiah Watts on December 6, 1907. Court finds that the defendant is indebted $58. to Henry Keopke ad William Downey.

Order Book 42

October Term 1908, Page 367, 385, 386, 415

Koppitz Melcher Brewing Co.

Walter, Clifton et al

Other Defendant Alice Walter

 

To set aside deed Promissory Note. Case 8334. Pages burned. Page 385 Case 8334. no details. Page 386 Case continued. Page 415 Court finds for the Plaintiff to recover $351.07 from Defendants.

Order Book 42

May Term 1908, Page 293, 295, 336, 337, 338

Krise, Elizabeth et al

Brandon, Della A. et al

Other Plaintiff is: Icy O. Krise, Alberta Timmerman, Margaret J. May, Cora E. Krise Other defendants: Timmerman, John Admin of the Estate of W. M. Krise deceased

 

Partition Most of document is missing from the fire. Page 295 Land to be sold at public auction. Page 336, 337, 338 Mostly burned pages. Not much detail Received from John Timmerman for real Estate $6400. Paid Clerk Jenkins $59.30, John W. Baxter, Attorney fees $25. John Timmerman, admr of estate of Wm. Krise $350., Retaining for services of livery hire and appraisers fees $78.25., Paid to Elizabeth Krise, $2079.15, Izo O. Krise $761.66, Alberta Timmerman, $761.66, Margaret J. May $761.66, Cora E. Krise, $761.66, Clerk Jenkins for the defendant Della A. Brandon $761.66

In Recorder’s Office there is a Commissioner’s Deed for the sale of land in Civil Action 8171 to John Timmerman. Deed Book 75 page 397.

Order Book 42

May Term 1908, Page 276

Kugler, August

Groh, Frank et al

   

Most of document destroyed by 1913 fire. A partnership was involved. Groh purchased the assets.

Order Book 42

December Term 1908 Page 495

Kundard, Mary Jane et al

Groh, Lizzie et al

Other Plaintiffs: Margaret Weingart, Eliza E. Harman, Wayne Zonker, Edward Zonker, Frederick G. Freed,

Other Defendants Frank Groh, Clara Hovarter, Wm Hovarter, Maggie Swagget?, Claude N. Swagget?

 

Case 8330

Order Book 42

December Term 1908, Page 489

Lakin, Chas A.

Wabash R. R. Co.

Other defendant Ind. Improvement Co.

 

Case 8403 Damages no details. See suit by Geo. Grate for details.

Order Book 42

May Term 1908, Page 216

Lamier, Rosa L.

Vernier, Albert U. et al

   

Foreclosure of Chattel Mortgage. Part of document destroyed by fire.

Order Book 42

May Term 1908, Page 245, 267, 268

Lanternier, August, Executor of the Last will of John Beugnet et al

Ober, Harriet D. et al

Other Plaintiff Peligie Beugnet other Defendants John M. Buck and the Auburn Excelsior Co.

 

To quiet Title and accounting. Case 8040. Pages 267 268 At the beginning of this action John M. Buck was in possession of Lots 50, 51, 52 and 53 in Kuhlman’s addition to the City of Auburn and Harriet D. Ober was in possession of Lot 49 in the same addition, as well, as lots 1, 6, 7 and 12 in Brandon’s Addition of the City of Auburn. Court finds that a certain deed from Charles Beugnet to John Beugnet dated Nov 16 1885 and recorded in Deed Record Book Nu-Zu page 423 is null and void. On the case of the Auburn Excelsior Co. is not indebted to the Plaintiff.

This copy of the Decree is recorded in Deed Book 75, page 366.

Order Book 42

March Term 1908, Page 185, May Term 1908, Page 214, 279

Layman, Alice

Avery, Lydia et al

Other Defendants: John Redmond, Frank Bierwagon

 

Promissory Note-garnishment. Notice of action to be published in local paper. Page 214 Case Continued. Page 279 Notice was published in the Auburn Courier. Defendant Lydia Avery is in default of the court. Court finds the three defendants owe the Plaintiff $384. and D.D. Moody the attorney has a lien for $50.

Order Book 42

May Term 1908, Page 239

Levy, Benjamin

Baker, Jeremiah A.

Plaintiff’s name on document looks like Barber.

 

The firm Levy & Co. is dissolved and Plaintiff is the lawful owner of this note described as a Promissory Note dated January 1898 signed at Butler, IN. With interest defendant owes $89.39.

Order Book 42

May Term 1908, Page 357

Lockwood, Ora W.

City of Auburn

   

No details.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

Waterloo Press

March Term 1908, Page 126, 131, 159, 160, 232, 236, May Term 1908, Page 240

 

 

 

February 27, 1908

Long, J. Perry

Methodist Protestant Church of Altoona, IN. et al

   

Foreclosure of Mechanics Lien. George A. Adams, Jonas Veaey and John Maggart Board of Trustees of the Methodist Protestant Church of Altoona, DeKalb County, IN. Page 131 Defendant Cliff, Walter appears by council. Page 159, 160 most of document destroyed. Page 232 Defendant Louis Beuret. And Cliff Walter mentioned. Page 236 Case continued. Page 240 Case continued.

New cases are being filed now almost daily and among them is one in which J. Perry Long, the contractor and builder, has brought suit in the circuit court, through his attorney, D. M. Lin, to recover $1526 from the Methodist church at Altoona, the balance due for building a church edifice for the congregation.

Order Book 42,

December Term 1908 Page 489

Lowenthal, Flora S.

Wabash R. R. Co

Other defendant In. Improvement Co.

 

Case 8404 no details. See suit by Geo. Grate for details.

Auburn Courier

 

 

 

 

Order Book 42

 

 

 

 

 

 

Order Book 43

 

 

 

 

Waterloo Press

Thursday, June 11, 1908

 

 

 

October Term 1908 Page 429, 433

December Term 1908, Page 479

December Term 1908 Page 55

 

 

Thursday March 26, 1908

Lukens, Benjamin Administrator of James M. Anderson estate

Lake Shore and Michigan Southern R. R. Co.

   

Suit for $10,000 for the death on March 4, 1908 of James M. Anderson due to the carelessness of the company.

 

 

Page 429 No details. Case 8301 Page 433 no details.

 

Request for a change of venue from DeKalb County. Case 8301

 

 

Case venued to Steuben County

 

 

 

 

 

Mr. Benjamin Lukens of Anderson, IN was in town last Thursday and Friday looking up evidence in regard t the death of Mr. James Monroe Anderson, who was killed at the Lake Shore depot in Waterloo on March 4th, while waiting for train NO. 2.

Mr. Lukens was a warm personal friend of the deceased who had two children aged five and seven and it was at Mr. Lukens home that the children lived since the death of their mother. Mr. Lukens has been appointed administrator of the estate of Mr. Anderson and also guardian of the children.

While here Mr. Lukens secured sworn statements of a number of people who witnessed the accident and all evidence taken seems to indicate that the railroad company was negligent from the fact that a scaffolding was placed on the Southside of the depot and the platform was blockaded so that passengers die not have sufficient room to pass by. It will be remembered Mr. Anderson was waiting to take Train No. 2 enroute to Detroit, and while passing between a truck and the east bound tract a, the pilot beam of the engine stuck him. knocking him a distance of thirty feet, from the injuries of which he died that afternoon in the Griffith café.

Order Book 42

December Term 1908, Page 461

Lyon & Healy

Reyher, John V.

   

Most of document destroyed by 1913 fire. Defendant in default. Defendant owes the Plaintiff $13.90 plus costs.

Order Book 42

 

 

 

 

 

Auburn Courier

October Term 1908, Page 377, 385, 420, 425, 433

 

Thursday, November 12, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

November 19, 1908

Madden, Alpheus W.

Guilford, Morrison et al

Other Defendants Hiram H. Cupp, Johyn J. Cupp.

 

Case 8284 No details. Page 385 no details. Page 425 Jury trial. Plaintiff to recover $92. Page 433 Promissory Note. No details.

Paper states: An interesting feature in the circuit court this week was the appearance in the trial of the case of A.W. Madden vs. Morrison Guilford of W. H. Myers of Leo, a blind lawyer, as one of the attorneys and he attracted considerable attention’

Mr. Myers is one of the old and well-known attorneys of Leo having been in the practice for years. Formerly in and around Leo he had a large business in the legal courts and frequently had cases before the justices of the peace. For several years he has been totally blind.

He is now advanced in years and his hair is silvery white and in his walks is compelled to use a cane. While he addressed the jury in the case he held this cane and walked back and forth with it as he delivered his speech. He is quit an interesting and forcible speaker.

The case in which he is engaged is one in which suit is brought on a promissory note, given for the purchase of a horse. It is alleged that the horse was not as represented when the sale was made. Hence the maker of it resists payment.

Paper states: In the case of Alpheus W. Madden vs. Morrison Guilford et al which was on trial in the circuit court, the jury at 7 o’clock on Tuesday returned a verdict giving he plaintiff a judgment of $92. They retired to their rooms at 2:10 in the afternoon and were consequent nearly five hours deliberating on a verdict.

"The suit, as will be remembered, was on a note of $80 given as the purchase price of a horse, the note having afterwards been transferred t Mr. Madden. The jury gave he plaintiff the amount of the note with interest. John W. Baxter was the plaintiff’s attorney.

Order Book 42

May Term 1908, Page 305

Maggert & Son

John Maggert and Harry owners.

Wells, Wm. Edward

   

Most of document burned. Defendant owes Plaintiff $49.56

Deed Book 76

Pages 110, 111, 112

Malcuit, Peter

Norris, James

Other Defendant: Mrs. James Norris. Elizabeth Knapp, Mr. an Mrs. Henry Allenburg, Jacob Knapp and his wife, Adrian College, David Weaver and wife, Nicholas Stokwell and wife, Alonzo Watkins and wife, and all their heirs.

 

Case 8063. Quiet Title. Plaintiff is owner of The west half of the southwest quarter and the west half of the east half of the southwest quarter of section 25, Township 34 North of Range 13 East.

Order Book 42

March Term 1908 Page 142

Mason, Warren A. Admr.

Hook, Ora E. et al

Other Defendant Kenneth Hook.

 

Quiet Title. Case 8088. Notice published in the DeKalb County Herald. The infancy of Kenneth Hook being suggested, D. M. Link is appointed guardian ad litem. This case is consolidated with Case 6567.

Order Book 42

May Term 1908, Page 275

Marea, William

Greenwood, Dwayne

Other Defendant: Baltimore and Ohio R. R.

 

Most of 8288 is missing. Defendant three times called and in default. Baltimore and Ohio R. R. appears.

Order Book 42

March Term 1908, Page 169, 209, 221, 226. 234, 247, 250, May Term 1908 Page 347, 348, 359

Martin, John J.

Kopitz Melchers Brewing Co.

   

Action for Rental Page 209 case continued. Page 221 Case continued. Page 226 Case Continued. Page 234 Case is set for trial on June 3, 1908. Page 247 Case continued. Page 250 Submitted to Court for trial. Page 347, 348. (our apologies but most of this document is destroyed by fire) The Defendant is a corporation engaged in the selling of beer and malt liquors and has an agency in the City of Auburn, IN. It looks like the trial started in Noble County and then transferred to DeKalb. This was during the time of the prohibition and it seems the problem was over the lease of a building. Page 359 no details.

Order Book 42

October Term 1908

Martin, Elizabeth

Packer, Jay

   

Case 8412. Account. Defendant in default and case goes to court for trial. Court finds for Plaintiff. Some of document destroyed by 1913 fire.

Order Book 42

 

 

Auburn Weekly Courier

May Term 1908, Page 217, 245,

Thursday, November 28m 1907

Martz, William

Baltimore & Ohio R. R. Co.

   

No details. Page 245 cause is dismissed by Plaintiff.

 

 

Paper States: "Two cases from Garrett, both ‘ William Martz vs. The Baltimore & Ohio railroad company,’ have been filed in the circuit court at Auburn appeals from the docket of Justice of the Peace Beehler, in which judgments were rendered against the defendant for $39 and costs in each case. Martz was an employee of the B. & O shops and while at work in 1905 met with an accident in which he was totally disabled by having his arm crushed. He was insured in the relief department of the B. & O. and, under its insurance plan, was entitled to $1.50 for each working day that he remained disabled. Each month he brings suit against the company on this claim. The two suits now appealed are for the months of June and July of this year. The company sets up a defense in all the cases filed.’

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

March Term 1908, Page 134, 169, 172

 

 

 

 

 

 

 

 

Thursday, June 4, 1908

Maurer, Simeon H.

Hart, Fred et al

Earl Coblison, George L. Treece.

 

On Note. By agreement of parties case goes to Court for Trial. Court finds for the Plaintiff and he is to recover $144.23 from the defendant. Page 169 Case continued. Page 172 Case continued.

Paper states: "The petit jury for this term of court reported Wednesday forenoon and the case of Simon Maurer vs. Fred Hart et al, was taken up for trial…The suit was for $115 on a note given as part payment for a manure spreader. The defense was that the machine did not work as warranted…

"The case was take from the jury and judge entered judgment for $144 plus costs in favor of the plaintiff."

Order Book 42

March Term 1908, Page 123

Maurer, Simeon H.

Provines, frank A.

   

Promissory Note. Defendant three times called and is in default. Court finds that the Plaintiff is to recover from the Defendant $66.27.

Order Book 42

October Term 1908, Page 371

May Franklin

Runsey, Phio et al

   

Case 8329 Quiet Title. Notice filed in the Auburn Dispatch. Good portion of document destroyed by 1913 fire.

Order Book 42

May Term 1908, Page 247

McCann, John C.

McCann, David C.

   

Promissory Note. Defendant three times called and in default. Court finds for the Plaintiff that he is to recover from defendant $331.30

Auburn Courier

January 21, 1909

McClellan, James G. W.

Townley, Egbert S.

   

Promissory note.

Order Book 42

December Term 1908, Page 485

McInturff, Rachel

McInturff, Wm. M.

   

Cases 8426 and 8427. no details. Destroyed by 1913 fire.

Order Book 42

May Term 1908, Page 343 October Term 1908 Page 389

McNabb, Wm. C.

Dilgard, Jonas E

   

Injunction Case 8343 Page 389 no details.

Order Book 42

March Term 1908 Page 171

Meyers, Jacob

Shutt, Elmer J.

Other Plaintiff David Rich

 

Account Defendant notified and is in default. Court finds for the Plaintiff and he is to recover $85. from the defendant.

Order Book 42

March Term 1908, Page 143

Miller, John E.

Haines, William H.

   

Foreclosure of Mortgage Defendant three times called and in default. The Court finds that the Plaintiff is to recover $134 plus costs and the mortgage is to be foreclosed.

Order Book 42

October Term 1908, Page 379

Miller, Georgia A.

Miller, Albert DeForest

   

Conversion no details.

Order Book 42

March Term 1908, Page 162, 163

Miller, Manoah

Conklin, Charles K. et al

Other Defendants: Wife, children, heirs, creditors, etc of Charles K. Conklin

 

Quiet Title. 30 acres (part of document destroyed)

 

In Recorder’s Office Deed Book 75 page 213 and 214 there is a Copy of the Decree for this transaction. Case #8157.

Order Book 42

 

 

 

 

Garrett Clipper

March Term 1908, Page 119, 131, 137, 141

February 27, 1908

 

 

 

 

 

 

 

 

April 23, 1908

Montgomery. M. R.

Marvin, Hobert L.

   

Promissory Note , Page 131 Case continued. Page 127 Case Continued. Page 141 Court finds for Plaintiff and he is to recover $56.33.

 

A suit has been started against ‘Rev. H. L. Marvin in the DeKalb circuit court by H. R. Montgomery. The complaint alleging that he was surety signed a note for $50 with Marvin as principal, which he had to pay to the Farmers Bank of Shelbyville and he now asks judgment for the above sum and costs against the said Marvin."

"When Engineer Edgar Zimmerman heard that the Rev. H. L. Marvin had some things affecting him that he did not like he was wrought up and Friday night in front of the Broughton Zimmerman proceeded to quench is desire for revenge. On Saturday Marvin swore out a warrant for Zimmerman’s arrest and when the engineer returned Monday from a trip he was taken before Justice Beehler by Marshal Schudel. Zimmerman pleaded guilty to a charge of assault and batter and paid a fine of $1 plus costs, a total of $11.

The trouble is said to have grown out of a little amateur Sherlock Holmes work performed by the reverend gentleman and it seems Zimmerman has been ‘laying’ for him for some time to get even.

Friday night he observed Rev. Marvin in at the bar room of the hotel enjoying a few drinks with some friends and waited on the porch for him to come out. A half hour more he bided his time and when the minister finally opened the door Zimmerman grabbed him and stuck him Marvin broke away before receiving any extensive injuries to his person ad proceed to hunt up an officer to swear out the warrant.

Order Book 42

 

 

 

Auburn Clipper

May Term 1908, Page 210 214, 253, 256

June 11, 1908

Moore and Evans

Reyher, Charles LeRoy

   

Account Page 214 Case continued. Page 253 Attorney withdraws his appearance for the defendant. Page 256 Court finds for the Plaintiff that he is entitled to $398.85 from Defendant.

A judgment for $356.15 was secured in circuit court Monday against LeRoy Reyher by Mounts & Brinkerhoff for Moore & Evans of Chicago.

Order Book 42

 

 

 

 

Auburn Courier

 

 

Garrett Clipper

May Term 1908, Page 323, 343

 

 

Thursday, August 20,1908

 

February 20, 1908

Morehouse, Wm H.

Miller, Joseph A.

 

 

 

 

 

 

Paper states Defendants are Miller & Goodwin

 

Case 8072 Promissory Note. No details. Page 343 No details. Burned in 1913 fire.

 

 

 

A Waterloo Bankruptcy firm.

 

 

 

Admitting that he lost between $8000 and $10,000 in board of train speculating, Samuel Goodwin of Waterloo member of the firm of Miller & Goodwin, bankrupts with liability of $19,00 and no asses…"

Order Book 42

May Term 1908, Page 234

Moyer, James S.

Wells, William Edward

   

Promissory Note Defendant three times called in is in default. Court finds that the Plaintiff is entitled to recover from the defendant $96.06.

Order Book 42

May Term 1908, Page 227

Moyer, Karl

Neff, Ora C.

   

Promissory Note. Case is dismissed.

Order Book 42

Vacation October Term 1908, Page 451

Moyer, Karl

Trempel, Peter

Other Plaintiffs James Moyer under Moyer Brothers

 

Case was in Garrett. Defendant in default. Court finds for the Plaintiff. He is to recover $37.87. Most of document destroyed by 1913 fire.

Order Book 42

March Term 1908, Page 130, 194, 204, May Term 1908 Page 265

Muhn, Perry et al

Vandalia Railroad Co.

Other Plaintiff Levi Muhn

 

Pay for Erecting fence. Page 194 Part of document destroyed by fire. Court finds for the Plaintiff and he is to recover $71.01 plus $30 for attorney fees. Defendant prays for an appeal to the appellate
Court. Page 204 On May 7,1908 Defendant files an appeal bond with American Surety Co of N Y. Page 265 Material collected for Appellate Court.

Deed Book 77

Page 85

Murphy, Catherine

Kees, Lydia A. et al

   

Commissioners Deed. Selling of the real estate " A part of the Southwest ¼ of Section 15 in Township 33, North of Range 14 East, bounded by a line commencing at the point where the West boundary line of said section fifteen crosses the south boundary line of the right of way of the B & O and Chicago railroad and running thence south on the side west boundary line of said section fifteen crossing the North boundary line of Washington Street in the town of ST. Joe…

It was sold to Harriet Warret of Richland County, in the State of Ohio.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

October Term 1908, Page 377, 379, 381, 406, 407

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday, November 5, 1908

Myers, Charles et al

Leas, William H.

Other Defendant Tommy Myers

 

Case 8335 no details. Page 379 Conversion of Property. Page 381 Summons issued for Tommy Myers Page 406 Conversion. Tommy Myers been served notice and is in default. Goes to jury composed of W. H. Fair, Till Elson, Ora Crew, Henry Shaffer, W. J. Peckhart, Justin Girardot, Isaac McDaniels, George Cool, Geo. Rakestraw, B. E. Widney. B. T. ?, Fred M. Dellenbuagh. Page 407 verdict (details destroyed by the fire of 1913.)

Paper states: By a settlement agreed upon between the parties the trial of the case of Thos. Myers vs. W. H. Leas came to a sudden close in the circuit court late Wednesday afternoon, after the testimony had all been taken and before it went to the jury. Each party is to pay half the costs and the case was dismissed.

Order Book 42

 

 

 

 

 

Order Book 43

 

 

 

 

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

May Term 1908, Page 211, October Term 1908 Page 379, 381, 441

December Term 1908 Page 16, 20, 32, 33-54

 

 

 

January 21, 1909

 

 

 

 

 

 

 

Monday, January 25, 1909

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Index point 001789

Myers, Guy by his next friend George Myers

Lake Shore and Michigan Northern R.R. Co.

   

Damages. Page 379 no details. Page 381 Case 8262 no details. Page 441 No details.

 

 

 

 

Goes to Jury trial. Page 20 Case continued. Page 32 Jury finds for the Plaintiff in the amount of $1,000. There are 63 interrogations and answers for Plaintiff and 94 for Defendant. Some have been destroyed by the 1913 fire.

 

Paper States: "The suit of Guy Myers against the Lake Shore Railroad company was on trial to the jury in the circuit court, Tuesday. It is a suit for damages for personal injuries and is being closely contested. Many witnesses and others from Waterloo are attending the hearing of the case.

Paper States "The testimony in the case of Guy Myers vs. the Lake Shoe Railroad Company, in which the company is used for $5,000 damages for injuries received in a railroad accident and which had been on trial Tuesday and Wednesday, was finished late Wednesday afternoon and the argument of it by the attorneys was begun Thursday forenoon, when the circuit court convened.

"Each side was allowed tow hours. C. M. Phillips made the opening speech for the plaintiff. He was followed by D. M Link and Judge Walter Olds for he defense and P.V. Hoffman delivered the closing speech for Myers.

:The accident in which the plaintiff, Guy Myers a son of George Myers, of Fairfield township met his injuries occurred at Waterloo on the fourth of April last He was crossing the Lake Shore tracks at that place when he was struck by an eastbound freight train, breaking his left leg near the hip, causing a compound fracture of his leg, breaking his left elbow, and other minor injuries. Two westbound freights on the south track prevented him from seeing the eastbound train on the north track, so he alleges.

"He charges them with gross negligence for not having a watchman the and for not having the bells rung and whistles blown on the moving trains.

"The argument of the attorneys and the instructions of the court were finished at 3:15 o’clock and the jury retired to deliberate on the verdict.

"The jury in the case of Guy Myers vs. the Lake Shore railroad in which the plaintiff sued for $5,000 damages for injuries received in a railroad accident at Waterloo, returned a verdict against the defendant of $1,000.

Index point 001789-001820 Case 8262

Order Book 42

December Term 1907 Page 104

Nebelung, F. J.

Grosh, Leonard

   

Account

Defendant notified and in default. Court finds for the Plaintiff and he is due to recover from the Defendant $70.77

Order Book 42

December Term 1907, Page 100, 167, 187, 188, 189, 190, 191, 194, 237, 238, May Term 1908 Page 295, 313, 314

Olds, Loraine

McClintcok, Jerry Admr et al

Other Defendants mentioned in last column

 

Partition Notice to non-residents published in a local paper. Page 167 Comes defendant Jennie Whitman, Perry Barton Olds, Della Mitchell, Etta Bell Frye, Clayton J. Olds, Jason Olds, Earnest Olds, Mary Ramsey and Della Searfoss. Pages 187-190 Portions of this document destroyed by fire. Court trial finds that Loraine Olds, and defendants Jennie Whitman, Perry Barton Olds, Delia Mitchell, Etta Belle, Frye Clayton J. Olds, Jason Olds, Earnest Olds, Mary Ramsey a, Lodema Searfoss, Bertha Olds and Flossie are tenants in common of the South ½ of the Southwest fractional ¼ of Section 16 in Township 35 North of Range 15 East consisting of 18 acres. This is part of the Estate of Lafayette Olds deceased. Real Estate to be sold. Page 194 E. B. Dunten Commissioner files his bond in sum of $5,000. and T. J. Knisely and Alvin A. Livergood are sureties. Page 237, 238 Part of Land sold to Frank Rosenberry for $2225.19 L. Olds highest bidder for others. Page 295 No details. Page 313,314 Documents burned. In Recorder’s office Deed book 77, pages 27, 28 is Commissioners Deed selling the Real Estate of Lafayette Olds, deceased.

Order Book 42

 

 

 

 

 

 

Auburn Weekly Courier

December 1907 Page 102, March Term 1908, Page 156, 161, 165, 202

December 19, 1907

Parsell, James R.

Fort Wayne Iron and Steel Co.

   

Damage Court finds for the Plaintiff that he is entitled to recover $2,600 from Defendant. Defendant prays for an appeal to the Appellate Court Prayer granted and bond set at $3,500. page 156 Case continued. Page 161 Bill of Exceptions filed. Page 165 Case continued. Page 202 Case continued.

Paper States: "Judge Emmett A. Bratton, of Angola arrived in the city Sunday afternoon and is located at the Swineford Hotel, where he usually has rooms during the sessions of court here. On Monday in the newly papered and painted courtroom, he opened up the December term of the circuit court. Both the petit and the grand juries met Monday and the ballot justice is now rolling along.

"The first case called for trial Monday was that of James Parsell vs. the Forth Wayne Iron and Steel

Company, venued here from the Allen circuit curt in which the plaintiff asks for damages of $5,000 for personal injuries received while at work in the defendant’s establishment in 1904.

"The original case dates back three years when it was begun in the Allen Circuit court, then venued to Whitley County thence in the DeKalb Circuit court where it was tried and resulted in a verdict of $2,500 for plaintiff. The defendant carried it to the Supreme court where it was remanded back to the DeKalb circuit court upon a technically, an omission made in writing the original complaint. This was in the November Term 1906. Judge A. H. Chapin of Fort Wayne, Hon. Thos E. Marshall of Columbia City and Attorney D. M. Lin of Auburn, are plaintiff’s attorneys. Judge Zollars and Fred Zollars of Fort Wayne and Rose & Rose of Auburn are defendant’s counsel.

"Mr. Parsell says in his complaint that he was ordered by the company’s superintendent to go on the inside of one of the company’s boilers and removed seals. He did as commanded and while so engaged was badly burned and scalded by steam rushing into the boiler in which he was working. By the time he could get out a large portion of his flesh was cooked, and his injuries very severe and permanent."

Order Book 42

March Term 1908 Page 130, 136, 142, 156

Patterson, Jennie

Barnes, Joel H. et al

Rebecca Barnes

 

Foreclosure of Mortgage. Page 142 Case continued. Page 156 Court finds for the Plaintiff that she is entitled to recover $399.36 from Defendant. Mortgage to be foreclosed on part of the Southeast 14 of the Southwest ¼ of Section 8, Township 33 North of Range 12 East. Followed by a more detailed description of the land.

Order Book 42

March Term 1908 Page 119, 137, 138

Pepple, Mary J. et al

Wilderson, Olie et al

Other Plaintiffs: George W. Craig, Delila A. Gall, and Williams S. Craig. Other Defendants: Rowena Retterman, Pearl Gall, Elsie E. Gall, Ora S. Craig, Noah Folk, Geraldine G. Craig, Ina B. Craig, Edna P. Craig, Edna D. Craig, Lizzie Bennett and Charles Pepple.

D. D Moody is appointed as guardian of the infants, Elsie E. Gall, Noah Folk, Geraldine G. Craig, Hazel B. Craig, Ina B. Craig, Edna P. Craig and Edna D. Craig.

To construe will and quiet title. Defendants are three times called and are in default.

The court finds that the plaintiffs are owners and tenants in common of Lot 27 First Addition in Spencer’s or Western addition to the city of Auburn, Lot 14 in Ensley’s first addition to the City of Auburn and Lot 12 in S. W. Ralston’s addition to he City of Auburn, IN. The interest of the defendants to be quieted forever.

In the Recorder’s Office there is a copy of Decree for this case. Name is spelled Popple?

Deed Book 77 Pages 341, 342.

Order Book 42

May Term 1908, Page 293

Perfect, H. etal

Kruger, John S.

   

Complaint and Judgment Defendant in default. Defendant owes $553.28.

Order Book 42

May Term 1908, Page 221

Perlich, August F.

Bennett, William et al

   

Foreclosure of Mortgage Cause is dismissed by Plaintiff.

Order Book 42

May Term 1908, Page 208, 265

Peterson, Karl D.

Platter, James W.

   

Promissory Note Page 265 Defendant in default and Court rules for Plaintiff that he is to recover $194 from Defendant. Attorney lien fro $87 on this case 8134

Order Book 42

March Term 1908 Page 144

Petition for Drain

Albright, Frank

     

Order Book 42

March Term 1908, Page 143

Petition for Drain

Brinkman, Henry et al

   

Case 8213

Order Book 42

 

 

 

 

 

 

 

 

Order Book 43

March Term 1908, Page 158, 197, May Term 1908 Page 323, 343, 345, 357, 397

December Term 1908, Page 16, 17

Petition for Drain

Carper, George W.

   

Calvin S. Grube, Drain Commissioner files a bond for $3,000 with Elmer E. Orewiler as Surety. Page 197 Case continued. Page 323 Case 7806. No details. Page 343 no details Page 345 no details. Page 357 no details. Page 397 no details.

 

 

Case continued and some costs are paid.

Order Book 42

 

 

 

 

 

Microfilm Roll Civ. 01

March Term 1908, Page 131, 197

 

 

Index point 000930

Petition for Drain

City of Garrett

   

Notice of action published in the Garrett Clipper and the Auburn Dispatch. Page 197 Joseph Weller declines to accept the appoint as Drain Commissioners and James Provines of Jackson Township is appointed.

Index point 000930 - 001059

Order Book 42

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

December Term 1907 Page 103, 141, 169, May Term 1908 Page 321, 339, 341

Index point 001115

Petition for Drain

Collins, George B. et al

   

Notice to Landowners filed. Page 141 Case continued. Page 169 part of document destroyed. Page 321 Case 8130 no details. Page 339 no details. Page 341 no details.

 

 

 

 

Index point 001115-001236.

Order Book 42

May Term 1908, Page 357

Petition for Drain

Cramer, Elizabeth

   

Case 7769

Order Book 42

December Term 1907 Page 103, 141, 168, 182, 265, May Term 1908, Page 312

Petition for Drain

Ditmars, Elmer E.

   

Proof of notice to landowners. Page 141 Case continued. Page 168 Frank Drake is appointed third Commissioner . Frank Drake is a resident of Noble County. Page 182 Since Frank Drake has interest in the Drain he is set aside and George Kelham is the Drain Commissioner Page 265 There have not been any objections Court appoints a Commissioner for this purpose. Page 312 Most of document burned.

Order Book 42

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

March Term 1908, Page 183, May Term 1908 Page 317, 321, 327, 338, 339, 358

Index point 000892

Petition for Drain

Fair, Jonathan et al

   

Drain Case 8001 most of document destroyed. Page 321 Case 8001 no details. Page 327 no details. Page 338 no details. Page 339 no details. Page 358 no details.

 

 

 

 

Index point 000892-000900

Order Book 42

May Term 1908, Page 325, October Term 1908 Page 367, 397, 405

Petition for Drain

Ford, Thomas C.

   

Case 8257 no details. Page 367 Case continued. Page 397 James Provines appointed Supt of ? and bond fixed at $150. Page 405 Provines is ordered to collect assessment.

Order Book 42

May Term 1908, Page 230, 365, October Term 1908 Page 369, October Term 1908 Page 405

Petition for Drain

Ginder, Frederick

   

Drain Page 365 case continued. Page 369 no details. as 8205 Page 405 Case 8206. Philip Holman Drainage commissioner. Bond in the sum of $1500.

Order Book 42

May Term 1908, Page 230, October Term 1908 Page 376

Petition for Drain

Griffin ? et al

   

Drain (Part of document burned.

Order Book 42

May Term 1908, Page 246, 275. 358

Petition for Drain

Gunsenhouser, Jacob et al

   

Drain Case 8271 Most of Page 271 is destroyed. Page 358 no details.

Order Book 42

 

 

Auburn Courier

December Term 1907, Page 103

Thursday, November 19, 1908

Petition for Drain

Haynes, Edward F.

Amended petition.

 

 

 

 

 

Paper States: "To George Dawson, Dennis Farrington, Wellington Farrington, Frederick B. Herrick, Catharine Lemmon, Maggie E. Branyan. You and each of you are hereby notified that Edward F. Haynes has filed in the office of the Clerk of the DeKalb Circuit Court of the State of Indiana, an amend drainage of lands situated in DeKalb County and in Noble County, in the Sate of Indiana an amended petition for the drainage of lands situated in DeKalb and Noble County, in the State of Indian: that the route of such a drain as described in such petition is as follows, to wit: Commencing at or near the north line of Section numbered 20 in the Township numbered 34 north of Range 12 East, in DeKalb Count, in the Sate of Indiana, at a point about 40 rods east of the northwest corner of said section, and from thence running in a southwesterly, southerly, southeasterly and southerly direction, following the line of an old ditch and water course as nearly as is practicable, to a point in the northwest quart of Section number 32 in said Township and Range, where the same enters the line of the public drain commonly called the Frank Yard drain, now being constructed, and there to terminate; that said petition is now pending in said court and will be docketed on Monday the 21st of December, 1908

Order Book 42

March Term 1908, Page 161 May Term 1908 Page 266, 359

Petition for Drain

Hoffelder, John et al

   

Drain Page 266 Drain Commissioner ordered to meet on July 6, 1908. Page 359 new commissioner John J. Eakright

Order Book 42

 

Order Book 43

December Term 1908, Page 513

December Term 1908, Page 59

Petition for Drain

Metcalf, Daniel W. et al

   

Case 7660 no details.

 

 

Page 59 case continued.

Order Book 42

March Term 1908 Page 117, 128, 137, 167, 175

Petition for Drain

Moore, Aaron D.

Other defendant John E. Wingard

 

Page 128 John G. Hoodelmier withdraws his remonstrance. Drainage Drain is ordered constructed. Page 137 Page 167 Case continued. Page 175 Part of document burned.

Order Book 42

March Term 1908

Petition for Drain

Moore, Aaron D.

   

J. Y McMillan Superintendent of Construction files his bond in sum of $1500. with W. C. McNabb, John H. Leasure and John Groscup, Thomas F. Baird as Sureties.

Order Book 42

March Term 1908, Page 175

Petition for Drain

Moore, Aaron D.

   

Drain Notice to John Barber.

Order book 42

May Term 1908, Page 311, October Term 1908 Page 381

Petition for Drain

Myers, Frank P.

   

Drain. Page 381 no details. Case 8058

Order Book 42

May Term 1908 Page 359

Petition for Drain

Nelson, Lemuel et al

   

Service of notice to Abner Coon, Alma and John Dirling.

Order Book 42

May Term 1908 Page 367

Petition for Drain

Parmington, Parley

   

No details. Pages burned.

Order Book 42

May Term 1908, Page 359, October Term 1908, Page 403, 424, 478

Petition for Drain

Peckhart, William et al

   

Case 7919 Page 403 Page 424 Justin Girardot and Amelia Girardot appear by counsel. Page 478 no details.

Order Book 42

March Term 1908, Page 124, May Term 1908 Page 285

Petition for Drain

Rickets, Sherman et al

   

Drain. Court orders payment of claims J. J. Eakright $12. Calvin Grube $12. Emillus Case $3. Elmer Orwiller $8. Ruth Allen $4. Walter Wilson .75 Lewis Lahman .75 Wayne Scott .75 Sherman Rickets .75 Page 285 Final report Case 7997 Disbursement of funds and Drain completed.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

March Term 1908 Page 118, 158, 236, May Term 1908, Page 255

 

 

 

 

 

 

 

 

 

 

 

Index Point 001318

Petition for drain

Skelton, George et al

Other defendants Rosa Skelton, Daniel McClelland, Jessie B. McClellan, John Leasure, Jonathan Rosenberry, Letta Rosenberry, Jacob H. Smith, Mary E Smith Arville Hagle, C. McClellan, Jacob B. Bryant and ?

 

Petition is now ordered docketed Page 158 Daniel W. Wertz is appointed third Drain Commissioner. Page 236 Case continued. Page 255 Case continued.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Index point 001318-001331.

Order Book 42

May Term 1908, Page 366, October Term 1908, Page 433

Petition for Drain

Teutsch, Almira et al

   

Case is dismissed. Page 433 No details case 8351.

Microfilm Roll Civ. 01

Index Point 001406

Petition for Drain

Verner, Jacob S. et al

   

Case 8205 index point 001406 to 001787 in year 1908

Order Book 42

May Term 1908, Page 357

Petition for Drain

Waterloo Town

   

Case 8091

Order Book 42

December Term 1908, Page 513

Petition for Drain

West? David A. et al

   

Case 7970 no details.

Microfilm Roll Civ. 01

Index Point 000794

Petition for a Drain

Whetsel, Clark

   

Case 7946 in 1907. Index point 000794-Index Point 000803

Order Book 42

 

Butler Record

May Term 1908, Page 215

April 17, 1908

Petition for Drain

Wiley, James C.

   

Case is dismissed James C. Wiley et al has filed petition for a drain on his farm in Troy Township and extending across the line into Williams County, Ohio. All land in South Troy Township is affected and much land in Ohio. The petitioners ask for power to enter in to a contract with the Williams County Property owners. This is the first join ditch with our Ohio neighbors for a long time.

Upon a change of Revenue from Allen County James seeks $200 damage against The Fort Wayne & Springfield Railway Co. While driving along the public highway just south of Fort Wayne he has struck by one of the company’s cars. In justice court at Fort Wayne judgment was given James in the sum of $195 for the loss of his horse and buggy. In a second case begun by the same man he seeks $200 damage for personal injuries. In the justice court he was given $35 damages.

 

 

Order Book 42

March Term 1908, Page 159, May Term 1908, Page 311

Petition for Drain

Wise, Edgar

   

Drain, Page 311 Mostly burned document.

Microfilm Roll Civ. 01

 

 

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order Book 43

Index Point 000882

 

 

March Term 1908, Page 129, 144, 177, 197, 203 May Term Page 1908 Page 285, 341, 343

 

 

 

 

 

 

 

 

December Term 1908, Page 20, 56, 57

Petition for a Drain

Yarde, Frank et al

   

Case 7987 Year 1907 index point 000882 to index point 000888

 

 

 

Mathias Fitch appears. Page 144 Philip Carper and George King appointed drainage Commissioner for this drain. Page 177 Claims paid. Page 197 Elmer E. Clark petitions for an order against Willis Daniels, Supt of Construction and Clyde A. Walb Contractor as to why they have deviated from the line of ? as established. They are to appear before the Judge of the DeKalb Circuit Court sitting in chambers at Angola, Steuben Co. Page 203 (parts of document destroyed). Page 285 Case 8075 No details Page 341 no details. Page 343 no details.

Report filed by the Superintendent of Construction. Page 56 and 57 final report with a lot of information lost because of the 1913 fire.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order Book 43

March Term 1908, Page 126, 159, 208

May Term 1908, Page 240

 

October Term 1908, Page 382, 397.

December Term 1908 Page 479

 

 

 

 

 

 

 

December Term 1908, Page 58

Phelps, Sophy Grace et al

Hall, Theresa J. et al

Other Plaintiff: Clyde Phelps Other Defendant: Abraham H. Baker (on page 126 looks like Baker, on Page 151 looks like Blaker)

Phelps, Catharine & Ott Hull (from Page 240)

 

Partition. Page 151 Case continued. Page 159 Case continued. Page 208 Case continued.

 

 

 

Part of this is destroyed; but seems to be part of the same document as above.

Page 382 Case 8795 Land is in Section 31, Township 34, Range 15 East. There is a life estate to Abraham H. Blaker. Rest of detail was destroyed by fire of 1913. Page 397 no details.

Page 479 mostly burned.

 

 

In Recorder’s Office Deed Book 77 page 58 is a Commissioner’s Deed. The west ½ of the east ½ of the northwest ¼ of section 31, township 24 North Range 15 East to Michael Boland and J. K. Stafford.

After sale of R. E. and paying of costs the balance for distribution is: $1651.15. Parties to receive monies: Sophy Grace Phelps, Theresa J. Hall, Abram H. Blaker, Katherine Hall and George Blaker. (amounts are given in the document.)

Order Book 42

March Term 1908 Page 156, 157, 209, 215, May Term 1908 Page 343

Procter, John

Matheny, Park

   

Injunction. Against selling or in, delivering or assigning certain property in Section 12, Township 34, North. Page 209 Examination ordered published. Page 215 Plaintiff requests change of Venue from DeKalb County. Court sustains and case changed to Steuben County Page 343 Cause is settled and dismissed.

Order Book 42

 

 

 

 

 

 

 

 

 

Auburn Courier,

March Term 1908, Page 170, May Term 1908, Page 215, October Term 1908 Page 377, 441

Thursday, November 19, 1908

Provines, Pearl May

Hendricks, Emmanuel guard

   

To forfeit Bond. Page 215 Plaintiff files a demur (no details.) Page 377 To declare line accounting. Page 441 Case 8374 Details missing ; looks like Emmanuel Hendricks, Sarah Hendricks are to recover some funds form the Plaintiff.

 

 

 

Please note difference in spelling of names.

Paper States: "A suit in the circuit court, brought by P. V .Hoffman as attorney, is entitled the state for the relation of Pearly M. Pervines vs. Emanuel D. Hendricks, Simon Wineland and Melvin T. Bishop on the guardian’s bond to recover damages in the sum of $1,000. The complaint alleges that Mr. Hendricks I 1888 was appointed guardian of Pearly M. Pervines and has failed to account to him for moneys collected in various sums.

Order Book 42

December Term 1908, Page 507, 508

? Oliver

Budd, Wm., et al

Other Plaintiff Josie Raber, Other defendant Mary Budd

 

Case 8437 Defendants in default. Looks like a foreclosure; but most of the document has been destroyed by 1913 fire.

Order Book 42

March Term 1908, Page 129, 192 May Term 1908, Page 250

Real Estate and Improvement Co.

Martz, William et al

Other Defendant Addie L. Martz

 

Foreclosure of Mortgage. Page 192 Case continued. Page 250 Cause is dismissed by Plaintiff.

Order Book 42

December Term 1908, Page 505

R. Brand Co.

Summons, Thomas

   

Account Case 8433 no details.

Order Book 42

 

 

 

 

 

 

 

 

 

 

Auburn Courier

May Term 1908, Page 211, Page 250, 254, 266, Page 301

 

 

 

 

 

 

Thursday, March 19, 1908

Reiter, Anna

Federal Life Insurance Co.

   

To Recover Life Insurance. Stipulation. Page 250 Case continued. Page 254 Case continued. Page 266 Case continued. Page 301 Case continued. No details.

Paper states: Anna Reiter, by her attorney E.B. Dunten, has brought suit in the circuit court to recover $2000 from the Federal Life Insurance Co of Illinois on an insurance policy that she took out on the life of her husband Horace L. Reiter, whose death occurred on October 16, 1907.

The policy was secured during the month of April previously by Mr. Reiter and one of the questions answered was to whether he had consulted a physician during the five years previous. To this the answer was "no." After his death the insurance company refused to pay the policy, alleging that the answer to this question was not true. They say he was prescribed for two years previous by Dr. Fanning.

In reply to this the plaintiff will say that Mr. Reiter happened into the drug store one day and said he was not feeling well. Dr. Fanning being there prescribed for him and he took a does of medicine that the druggist fixed up. This the plaintiff will claim, was the only consultation with any physician that he had.

Order Book 42

March Term 1908, Page 124, 128, 167, 171

Repperd, Samuel O.

Wabash Railroad Co. et al

Other defendant: Lake Shore and Michigan Southern R.R. Co.

 

Damages. Depositions of H. A. and Samuel I Repperd are ordered published. Page 128 Case continued. Page 167 Depositions of Benjamin F. Lilly Beck and Eugene Terry Submitted to Court for trial. Page 171 Court finds for the Plaintiff. Auburn Courier for January 16, 1908 state the suit is brought to collect damages alleged to have been sustained by him in shipping a car load of horses from St. Louis, Mo to Bryan, Ohio. According to the Auburn Courier April 9, 1908 The case was settled by the parties. The defendants paid the plaintiff the sum of $700 and each side paid half the costs.

Order Book 42

December Term 1908, Page 489

Rhinesmith, George

Wabash R. R. Co.

Other Defendant Ind. Improvement Co.

 

Case 8402 Damages. See suit for Geo. Grate for details.

Order Book 42

March Term 1908 Page 117

Rickey, Walter

Culler, Charles

   

To declare of unsound mind. Case 8132 is dismissed by Plaintiff.

Order Book 42

 

Auburn Courier

October Term 1908 Page 379

Thursday, November 12, 1908

Robert Hixon Lumber Co.

Piper, Oliver et al

Other defendant Herman Groscup

 

Account Case 8366. Defendant Pipes is in default.

Paper States: The case of the Robert Hixon Lumber Com vs. Oliver Piper was dismissed.

Order Book 42

March Term 1908, Page 114, 130, 155, 199, October Term 1908 Page 429

Robert Hixon Lumber Co.

Putt, William F. et al

Other Defendants Minnie M. Putt, Dr. M. E. Klinger And Robert Groscup

In Recorder’s Office, Miscellaneous Book F Pages 204 there is a Mechanics Lien by Robert Hixon Lumber Co to William F Putt on Lot #5 in Block ! of Ozmun’s Addition to Garrett.

Foreclosure of Mortgage. Attorney appears for Dr. W. E. Olinger defendant Page 130 Defendant Putts in default. Page 155 Summons ordered for defendants Putt. Page 199 Court finds the premises described in the complaint : The East ½ of Lot 5 Block #1 in Ozmun’s 2nd Addition to the City of Garrett. Dr Klinger in his cross-complaint has a lien on the property. Plaintiff to recover from Mr. and Mrs. Putt $295.68 and all costs and the mortgage be foreclosed. Page 429 No detail’s

Order Book 42

Vacation Term after March Term 1908. Page 204 , 108

Rohrabaugh, William H.

Toledo and Chicago Interurban R. R. Co.

   

Damages. Page 208 Cause is dismissed.

Order Book 42

 

Auburn Courier

March Term 1908, Page 168

Thursday, November 26, 1908

Root, ?

Baltimore and Ohio R.R. Co.

   

Damages Defendant gives petition and bond to remove case to the U.S. Circuit Court of this district. Court approves the petition

Papers States: The case of Claude Root of Garrett, vs. the B. & O. Railway Co. for damages sustained in an accident whereby the plaintiff lost a foot, was decided Thursday in the United States Court at Indianapolis in favor of Mr. Root, and he was given a$6,000 judgment. Mountz & Brinkerhoff of Garret were the attorneys for the plaintiff..

Order Book 42

December Term 1908 Page 455

Ross, Charles et al

Tarney, Orville W.

Other Plaintiff is: Joseph Lemish partners doing business under the firm name of Ross & Lemish

 

No details or case # It does state that the defendant was in default. Defendant to pay $12.18 plus costs.

Order Book 42

May Term 1908, Page 214,246, 253

Ross, David and Cora

Francis, Nathaniel

   

Account. Page 246 Case continued. Page 253 Case continued.

Order Book 42

 

 

 

 

Microfilm Roll Civ. 01

May Term 1908, Page 369, October Term 1908 Page 429

Index point 000909

Ryan, Charles W. et al

Western Construction Co.

   

Contract Amount. Case 8327. Page 429 no details.

 

 

 

 

Index point 000909-000917

Order Book 42

March Term 1908, Page 131, 144, 186

Saunders, Arville et al

Hawkins, John B. et al

Other Plaintiff Stephen Van Dusen Other defendant: Robert Haverstock

 

Breach of Contract. Page 144 Case continued. Page 186 Amendment filed

Order Book 42

March Term 1908 Page 186

Savel, Reuben

Osbourn, Oscar

   

Promissory Note Cause is dismissed.

Order Book 42

March Term 1908, Page 123

Savin, Sarah J.

Stuck, William et al

   

Restraining Order. Defendant files a motion for a continuance said motion being supported by affidavits of E. V. Harsa and a certificate of Adolph F. Schultz a practicing physician of Allen County, IN.

Order Book 42

May Term 1908, Page 211, 214

December Term 1908, Page 492

Searfoss, Charles

Reyher, John V. et al

Other Defendant John Breckbill?

 

Mechanics Lien Page 214 Defendants appear by counsel

 

 

Page 492 Case continued.

Order Book 42

 

 

Auburn Courier

October Term 1908, Page 421

November 5, 1908

Shank, Ted J.

Norogan, Lee

   

Case 8423

Page 484 Case continued until Jan. 4, 1909

Paper states: C. J. Coats and Frank A. Brink of Butler as attorneys forted. J. Shank have filed a suit in the circuit court asking damages in the sum of $500 against Lee Norogan for assaulting the said Shank. It is alleged that on May 29, 1908 without justification, the defendant did assault beat and wound the plaintiff compelling him to be at the expense of securing medical assistance and incapacitating him for his regular occupation.

Order Book 42

October Term 1908, Page 413

Sherman, Christ

Rensz, John

   

Case 8367 Promissory

Order Book 42

May Term 1908, Page 236,

Sherwood, Eliza

Sherwood, John V. et al

Other Defendant William C. Sherwood

 

Replevin

Auburn Courier

Thursday, January 21, 1909

Shields, Zora Bennett

Craig, Joseph

   

To quiet title.

Order Book 42

 

 

 

 

 

 

Order book 43

 

 

 

 

Garrett Clipper

May Term 1908, Page 277, 289, 295, October Term 1908 Page 377

December Term 1908, Page 63

 

 

June 11, 1908

Shoner, George

Slaybaugh, Hiram H, Treasurer of DeKalb Co. IN.

   

Injunction Page 289 Page 295 Case 8289 No details case continued. Page 377 no details.

 

 

 

 

 

Most of document destroyed by the 1913 fire.

 

 

 

 

George Shoner of Waterloo has brought suit to enjoin County Treasurer H. H. Slaybaugh from collecting $80 of delinquent taxes against some of his personal property. This amount was produced by the tax ferrets some time ago.

Order Book 42

May Term 1908, Page 248

Shook, ?

Dawson, J. Wallace et al

Other Defendants: John Dawson, Elizabeth J. Dawson, Ronald Dawson, Ha? Dawson, Charles Dawson, Albert Dawson, Samuel Evans, Pliny T. Evans

Part of document destroyed by fire.

Quiet Title and cancel Mortgage Defendants notified and in default. Land: South fraction of Section 28, Township 33 North of Range 14 East. Mortgage executed on October 2, 1852 by John Spencer to Reuben J. Dawson should be released and the plaintiff is the owner of the land.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier,

March Term 1908, Page 124, 145, 146, 147, 148, 149, 150, 161, 193,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May Term 1908, Page 219, 221-225,268, 269, 270

 

October Term 1908, Page 386

December 31, 1908

Shutt, Barbara et al

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shutt, Barbara

Shutt, Edwin M. et al

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Shutt, Laura A. et al

Other Defendants: Martha Shutt, Euphrose Shutt, Anderson , John M. Shutt, Gertrude Shutt, Mary N. Shutt., Andrew Jackson Shutt, Harriett (aka Hattie Shutt Beams,) Jane Davis, Ida Kelley, George Morton Shutt, Sylvia E. Furnish, Mary J. Horn, Scudder E. Shutt, Eva Shutt Elson, Laura A. Shutt, Jennie Shutt, Elmer J. Shutt, Benjamin F. Blair, Jay M. Shutt, Ella Harter, Caroline A. Blair, Ella Shutt Harter, Mary A. Waters, and Lizzie Benninghoff, Louis J. Shutt, Calvin H. Shutt, Victor H. Shutt, George M. Shutt, Sylvia Furnish, Marion Shutt, Elmer Shutt, Carrie E. Kessler, Bertha Shutt, Weldon Shutt, Nettie Stafford. Martha Hamman, unknown heirs of Jacob Shutt, deceased, Emillius Case administrator of the estate of Samuel S. Shutt, deceased.

Plaintiff Barbara Shutt is substituted for her deceased husband Daniel Shutt.

Partition, Goes to Court for trial. Court finds that Plaintiff together with Mary A. Waters (whose full name is Mary Ann Shutt Waters), John M. Shutt, Jane Shutt Davis, Louis C. Shutt, Sylvia Shutt Furhis, Maron Shutt, Andrew J. Shutt, Elmer Shutt, Scudder Shutt, Carrie Shutt Kessler (sometimes spelled Keesler) Bertha Shutt, Welden Shutt, Calvin H. Shutt, Victor H. Shutt, George M. Shutt, Nancy Shutt Rex, Martha Shutt Hamman, Mary J. Shutt Horn, Edwin M. Shutt, Jerry A. Shutt, (whose name is sometimes written Jerry H. Shutt) Mrs. .Jerry A. Shutt (widow of Jerry A. Shutt who is now married to J. L. Thompson), Euphrosa Shutt Anderson, Ray Shutt, George Shutt, Jacob Shutt, Nancy Ellett Drayer, Charles Ellett, William Ellett, Alfred Ellett, Carrie Ellett Manzy, Charles Ellett, Jr., Morris Clark, Lillie Shutt Benninghoff, Ella Shutt Harter, Hattie Shutt Beams, Morton Shutt, Gertrude Shutt Carry, Laura Shutt, Eva Shutt Elson, Jennie L. Shutt, Jay M. Shutt, Ida Shutt, Kelley and Nettie Shutt Stafford. Are tenants in common of the North ¼ of the West ¼ of Section 29 Township 33 North of Range 14 East, containing 40 acres more or less. The East ½ of the Northwest ¼ of Section 29 Township 33 North of Range 14 East containing 80 acres more or less. The West ½ of the Northwest ¼ of Section 29 Township 33 North of range 14 East excepting the right of way of the Fort Wayne and Detroit Railroad containing 73 acres and 79/100 acres more or less. All that part of the West ½ of the Southeast ¼ of Section 29 Township 33 North of Range 14 East lying east of the East line of the right of way of the Ft Wayne & Detroit Railroad except ? acres in Shutts and Henderson addition to the Town of Spencerville. Lots 1, 2,3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 40, 41, 42, 43, 44, 45, 46, 47 and 48. (Description included in the document) There is also a description of some land in Allen County near Urbana. There then follows a partition of the land to the above individual. A detailed account of the land is involved on pages 147-150. Page 161 Vs. Laura Shutt et al same case. Jacob D. Leighty Commissioner files his bond for $25,000. with American Bonding company of Baltimore, Maryland as surety. Page 173 Attorney fee of $600. to be paid in proportion to the interests.

Page 219 Commissioner conveys to Benjamin and Caroline Blair for the sum of $1013 the East ½ of the West ½ of the North ¼ of Section 6 Township 33 North Range 15 East. Pages 221-225 (Portions are destroyed by fire) Disposition of the remainder of the lands. Page 268-270 Commissioners Report. There is a lot of detail on these pages.

Page 386 Most of the document destroyed by 1913 fire.

Paper States: "Last Thursday, J. W. Henderson, the county recorder, purchased from the Shutt estate twenty acres of the old Shutt farm near Spencerville, between the railroad station and the town and his son Charles purchased seven acres in the same locality. The land acquired makes one hundred acres of this old Shutt farm they have acquired.

"Across the road from this newly purchased land is the farm of Mr. Henderson (ninety-four acres) Hence, with his son, he now has one hundred and 94 acres at Spencerville. The son, Charles, resides on the farm and gives it his personal attention. The term of Recorder Henderson will expire on the first of January, but he will continue to make his home in Auburn and superintend his farming interest. He has another farm in the county besides the one at Spencerville."

In Recorder’s Office Deed Book 75 pages 261, 262 the sale of the land to John W.. Henderson is recorded.

On page 263 is the sale of some of the land to Benjamin F. Blair.

Same book page 300 sale of some land to Lewis F. Steward. And on page 303 sale of other land to Nicholas and Belle Goldsmith. Page 333 is the sale of some of the land to Harrison Ensor. Also, a sale to Samuel Frederick on Page 480

In Deed Book 77, Pages 37 and 38 is the sale to William C. and John W. Henderson.

Order Book 42

 

 

 

Garrett Clipper

 

May Term 1908, Page 247

 

 

June 4, 1908

Singler, Joseph et al

Toledo Chicago Interurban

Other Plaintiff C. Frank McDermott aka as Singler & McDermott

 

Damages. Court finds for the Plaintiffs in the amount of $250.

 

 

 

 

Singler & McDermott received a judgment of $269 in circuit court at Auburn Tuesday for damages resulting from the killing of one horse and the injury of another by the Toledo & Chicago last fall.

Order Book 42

December Term 1908 Page 505

Sithen, Tonsen H.

Miser, Anna

   

Foreclosure no details case 8438

Order Book 42

October Term 1908, Page 418

Smith ?

Wantz, Sarah

   

Account, Case dismissed. Most all information destroyed by fire of 1913.

Order Book 42

December Term 1907 Page 109, 110, 131

Smith, Theodore A. et al

Vandalia Railroad Co.

   

Pay for erecting a fence. Case 8009 Page 110 Papers to be prepared and presented to the Appellate Court of the State of Indiana Page 131 Defendant files a bill of exceptions.

Order Book 42

May Term 1908, Page 234, 251

Sorg, Mary

Fort Wayne Springfield Ry Co.

   

Damages Pages 251 Case continued.

Order Book 42

December Term 1908, Page 497, 498, 499

Soule, George B. et al

Shull, Phillip et al

Other Plaintiff Nancy M. Soule

Other Defendants: Joshua Winslow and wife, deceased. Joshua Winslow and wife, deceased, Asa Van Arman and wife deceased, Henry E. Braum and wife, John L. Edmonds and wife, and their descendents and heirs.

 

Case 8373. Quiet Title. Notice published in the Waterloo Press. Most of this document destroyed by 1913 fire.

Mortgage by John Hornberger to Joshua? Recorded in mortgage book 4, page 204, also mortgage of Aug 29,1864 in mortgage book 4 page 222, etc. are quieted.

In Deed Book 77, Page 70 of the Recorder’s Office there is a Copy of the decree: George B. Soule and Nancy M. Soule vs. Phillip Shull deceased, et al.

Court finds the Plaintiff is the owner of Lot 111 in the Frothingham and Hornbergers’ of town of Waterloo. All mortgages have been fully paid and quieted against the defendants.

Order Book 42

May Term 1908, Page 173

Squires, Lloyd et al

Squires, James W.

Other Plaintiffs: O. P. Molton, Squires, Horatio H. Squires, Maholon M. Squires Other Defendants: Margaret Squires

 

Quiet Title Cause submitted to Court for trial. James W. Squires files a Cross-complaint. The Court finds for the Plaintiffs (parts burned). Court finds for James W. Squires in his cross-complaint against Plaintiffs for a portion of the land.

Order Book 42

October Term 1908 page 419

Stamets, Zenith H.

Packer, Jay

Other Defendant Marie Packer.

 

Case 8413 Account. Defendants are in default. Court finds for the Plaintiff. Most of document destroyed by 1913 fire.

Order Book 42

March Term 1908 Page 117

Starr Piano Co.

McCarthy, George W. et al

   

Promissory Note. Case 8136 dismissed by Plaintiff.

Order Book 42

 

 

 

 

 

Order book 43

May Term 1908, Page 209, December Term 1908 Page 505, 516

December Term 1908 Page 62

State of Indiana on the Relation of Pearly M. Provines

Hendricks, Emanuel et al

Other Defendants: Melvin T. Bishop, Simone Wineland and Jeff N. Boyle

 

To forfeit bond. Case 8232 Page 505 no details case 8436 Page 515 Suit in Guardian’s bond. No details.

 

 

 

Page 62 Case continued.

Auburn Courier

Thursday, December 3,1908

Steffen, Mary Jane

Steffen, John

   

"Saturday night Mary Jane Steffen of Auburn Junction filed an affidavit in Squire Green’s Court, charging her Brother-in-law, John Steffen with assault and battery. From what we have heard on the streets and from the names of the witnesses and the affidavit on file in police court, it seems the Steffens had a lively little row on the streets four city, Saturday night.

"Mary Jane Steffen, the complainant, and her husband, had attended a 5 cent theatre in the city and were about to depart from home when they met John Steffen and, before they were then ready to go home, Mary Jane had called up Prosecutor Smith and sworn out appears against her husband’s brother, John Steffen, alleging that he assaulted her in rude, insolent and angry manner and contrary to the statutes of Indiana.

"The names of the witnesses were left with Constable Baird and the case set for trail at 9 o’clock Monday morning. However, before that hour, the plaintiff requested that the case be to prosecuted and promised to pay the costs.

Order Book 42

December Term 1907 Page 108

Straus Bros. Co.

Bapst, Lawrence A.

   

Before D. C. Beehler, Justice of Peace in Keyser Township, DeKalb County on December 4, 1907 this case was heard. The Plaintiff is a corporation of Chicago, Ill. and they sold to Lawrence A. Bapst of Garret, IN., on June 6, 1907 Mdse of $108.48 Court finds for the Plaintiff.

Order Book 42

 

 

 

 

 

Auburn Courier

October Term 1908, Page 431

 

 

 

Thursday, November 19, 1908

Straus, Simon J.

Trump, Anna et al

Other Defendants Horace G. McDowell, Adam C. McDowell, Kearns McDowell, Clara B. Kuhn, Beatrice Headley,

 

Case 8355 Quiet Title. (Good share of page is not readable due to 1913 fire.) Mortgage executed on April 12, 1867 between Lewis Spangler and Lydia Spangler to Jacob C. Trump and recorded in Mortgage Record Volume 6 page 102 is satisfied.

Paper states In the case of Simon J. Strauss vs. Anna Trump et al to quiet title. judgment was given plaintiff.

In Recorder’s Office Deed Book 77, A copy of the Judgment and decree rendered in this case are recorded. The plaintiff is owner of the South one half of the southeast quarter of section 19, in township 34 north Range 13 East containing 80 acres more or less.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

March Term 1908, Page 130

 

Page 136

 

 

 

May Term 1908, Page 217, 236. 247, 255

Thursday, November 19, 1908

 

 

 

 

Swartz, John W. et al

Ling, John C. et al

 

 

Ling, John C. et al

Other Defendant: Bertha Ling

 

Other Defendant Real Estate and Improvement Co. of Baltimore Md.

 

Foreclosure of Mortgage.

 

 

Note and foreclosure of Mortgage.

Case 8166

Page 217 Case continued. Page 236 Case continued. Page 247 Action between Plaintiffs and the Real Estate Co. Case continued. Page 255 Promissory Note case 8166. Case taken under advisement by court.

 

Papers states the Case of John W. Swartz, vs. John C. Ling et al on note and foreclosure was dismissed.

Order Book 42

May Term 1908, Page 257, 331, 332

Swartz, Tarring

Kelley, Joshua et al

Other Defendants: Martha Kelley, wife of Joshua, Florinda Marvin, and her husband, Cyrus Kelley, Hattie Kelley (surviving widow of Cyrus) Elizabeth Haines and her surviving heirs, and any heirs of the above.

 

Quiet Title Page 331, 332 Case 8300. Again many of the names of the defendants have been destroyed by the 1913 fire. Defendants are in default and the Court finds for the Plaintiff. Mortgage executed on Oct. 15, 1862 by Orlando E. Smith to Joshua Kelly and recorded in Volume 4 Page 47 is satisfied.

In Recorders Office Deed Book 75 pages 456, 457 The Copy of the Judgment and Decree are recorded. It is decreed that Tarring Swartz is the owner of Lot 7 in Frothingham and Company’s Addition to the Town of Waterloo.

Order Book 42

March Term 1908, Page 136

Tarney, Remeo? E.

Grube, Arthur et al

   

Foreclosure of Mechanics . Case is dismissed by Plaintiff.

Order Book 42

May Term 1908, Page 226, 227

Thomas, Milo J. doing business under the name of the Thomas Exchange Bank

Watts, William H.

   

Promissory Note. Defendant in default. Court finds Plaintiff is to recover $281. dollars from the defendant.

Order Book 42

October Term 1908, Page 385

Thomas, William S.

Hathaway, William T.

Other defendant Miles Hathaway.

 

Case 8378. On judgment.

Order Book 42

May Term 1908, Page 213

Toledo & Chicago & Interurban R. R. Co.

Cattell, John

   

Condemnation of R. E. Land is a strip of land the same being of a certain 3 acre tract of land situated in the ‘east ½ of the southeast ¼ of Section 31 Township 34 North of Range 12 East. (further description is found in the document)

Order Book 42

May Term 1908, Page 251, 252

Toledo & Chicago Interurban R. R. Co.

Singler, Joseph et al

Other Defendants: Henry F. Sunbower, Austin Schiple, Anastasia Schippli, Nicholas Sschliffe, ? John Schlippi, August Schlippi, Elizabeth Ballhouser., Louise Richte

 

To appropriate Real Estate. Case 8295 Very difficult to read and parts are missing due to the 1913 fire.

Order Book 42

Vacation after March Term 1908, Page 204, October Term 1908, Page 429

Toledo Union Stock Yard Co.

Shilling, Josephus R.

   

On May 12, 1908 Plaintiff dismissed the action. Page 208 Cause is dismissed. Page 429 Foreclosure of Landlord’s lien. Case 8425. Restraining order continued.

Order Book 42

 

 

 

 

 

 

 

 

 

 

Auburn Courier

October Term 1908 Page 419, 433,441

 

 

 

 

 

 

 

Thursday January 18, 1909

Trainer, Rosa L.

Hostler, Irvine

   

Case 8425. Restraining defendant from removing from the premises of the Plaintiff situated in the quarter section 3, Township 33 North Range 12 East, hay, oats, corn or other farm products grown on said farm or disposing of the same in any manner. Page 433 Foreclosure of Landlord’s Lien. Plaintiff asks for defendant to answer for violation of restraining order. Page 441 no details.

Paper states: The case of Rose L. Trainer vs. Ervin (note different spelling of first name) Hostler, on account for rent due, was on trail in the circuit court Wednesday afternoon.

Order Book 42

March Term 1908, Page 169, 209,226, 228, 229

Trainer, Rosa L.

Varnier, Albert et al

Other Defendants Jay Ross, George Ross & W. G. Connally

 

Foreclosure of Chattel Mortgage. Page 209 Part of document destroyed by fire. Page 226 Case continued. Page 228, 229 Case Continued.

Order Book 42

May Term 1908, Page 232, 233

Voegele & Dimming Co.

Langham, Mary et al

   

Account Garnishment. Defendant three times called and in default. Court finds for the Plaintiff and they are entitled to recover $74.05 from the Mary Langham.

Order Book 42

December Term 1907, Page 94

Wabash Portland Cement Co.

Beerwagon, Frank

   

Defendant three times called and in default. The Court decrees that the defendant owes Plaintiff $83.

Order Book 42

October Term 1908, Page 385

Wantz, Sarah W.

Kennedy, John H. et al

Other defendants Andrew J. Little, Samuel D. Johnston

 

Case 8375 Damages On ? Papers destroyed.

Order Book 42

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Garrett Clipper

 

 

 

 

 

 

 

 

 

 

Order Book 43

May Term 1908, Page 367

 

Thursday, June 16, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

June 25, 1908

 

 

 

 

 

 

 

 

 

 

December Term 1908 Page 21, 22

Ward, Thomas

Baltimore and Ohio R. R.

   

Case 8321 no details.

 

 

 

Paper states: Thos. Ward, through his attorneys, Mountz & Brinkerhoff of Garret, has begun suit in the circuit curt asking damages in the sum of $2000 from the Baltimore and Ohio railroad company for malicious prosecution, claiming that by reason of his arrest, at he instance of the B. & O officials, on the charge of larceny his character was damaged and he was otherwise inured by wrongful imprisonment.

"On May 15, of this years, at the instigation of John McGushe, the detective of the B. & O., the plaintiff was arrested on the charge of staling a box of thirty-six knives from a B.& O. car at Garrett. He was placed in jail at Auburn and held here for some weeks when finally he was released, the case in court against him having been dismissed.

:He alleges that there was not good cause for his arrest as he was innocent of the crime which he was charged and there was no probable reason for believing him guilty. By reason of his arrest and imprisonment he alleges he ahs suffered in loss of time, that his humiliation has been great and his health impaired.

Thomas Ward had to suffer as a prisoner in the county jail at Auburn, for two months before it was discovered he was an innocent and should have been at liberty all the time. He was tried last week on charge of robbing B. & O. cars in this city and it took only the state’s evidence to convince the jury that he was a victim of misdirected prosecution. He was promptly acquitted and discharged.

Asked to prosecute this actions as a poor person.

Order Book 42

December Term 1907 Page 108, 110, 131

Walker, Anna

Vandalia Railroad Co

   

Pay for erecting a fence. Case 8123 Page 131 Defendant files a bill of exceptions..

Order Book 42

March Term 1908, Page 186

Western Construction Co.

Lacey, George W.

   

To enforce Lien. Cause is dismissed.

Microfilm Roll Civ. 01

 

 

Order Book 42

 

 

 

 

 

Auburn Courier

Index Point 001402

 

 

May Term 1908, Page 216, October Term 1908, Page 369

Thursday February 20, 1908

Western

Construction Co

 

 

 

 

 

 

 

 

 

 

Western Construction Co..

Haverstock, George

 

 

 

 

 

 

 

 

 

 

 

Haverstock, George, et al

 

 

 

 

 

Other Defendant Mable Haverstock

 

 

 

Orville W. Tarney, Elizabeth Headley, Geo. W. Lacey, Ella Klein, Andrew H. Houck, Jos. Schiffli, and the Toledo and Chicago interurban.

 

Case 8193 index point 001402-001404 for year 1907

 

 

 

To enforce Lien Defendants three times called and in default. Case 8193 Page 369 Details destroyed by 1913 fire.

 

 

 

 

 

Please note all the other lawsuits by Western Construction Co.

Paper states the assessments are for the paving of King and Cowan streets in Garret and vary in amount, some being as high as $887.

Order Book 42

March Term 1908, Page 130, 186

Western Construction Co.

Headley, Elizabeth

   

To Enforce Lien. Page 186 Cause is dismissed.

Order Book 42

March Term 1908 Page 114, 119, May Term 1908 Page 217, December Term 1908 Page 513, 514, 515

Western Construction Co.

Houck, Andrew H. etal

Case 8189

Other Defendant ? Bartels , Real Estate Improvement Co. of Baltimore, Md.

 

To enforce Lien Defendant Henry Bartels files a demur. Page 119 Case continued. Page 217 Case continued.

Page 513 Case 8189 Most of document destroyed by 1913 fire.

Order Book 42

March Term 1908 Page 119

Western Construction Co.

Kline, Ella eta al

   

To enforce Lien

Order Book 42

May Term 1908, Page 293

Western Construction Co.

Palmer, Albert E. et al

Other defendant: Nora E. Palmer

 

Most of document burned.

Order Book 42

March Term 1908 Page 118

Western Construction Co.

Toledo and Chicago Construction Co.

   

Case 8188 to enforce lien case is dismissed.

Order Book 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

March Term 1908, Page 130, 139, 194, 237, May Term 1908 pages 240, 241, 242, 243, 266

 

 

 

 

 

 

 

 

 

 

 

Thursday, June 4, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday June 4, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Wilson, Joseph

Case, Emillus

   

Promissory Note Page 139 Defendant brings and tenders in open Court $300 which is on deposit with the Clerk. Page 194 Case continued. Page 237 Pages 240, 241 Goes to Jury trial. Pages 242, 243 The Jury finds for the Plaintiff in the sum of $320. and costs shared equally between the defendant and the Plaintiff. 44 interrogations and answers are filed on these pages. Plaintiff is a breeder of fine stock. And has been in business for 20 years. He sold his stock at public outcry on March 6, 1907. Defendant purchased a cow "Bessie Sherman" at the sale. Wilson had owned the cow for 10 years prior to the sale. The rest of the questions have to with the breeding of the cow. Page 266 Plaintiff to recover $320 from defendant

Paper States "All about A cow"

"The DeKalb County cow was in the circuit curt Thursday-That is her cowship engaged the attention of court, j jury and attorneys. The case was that of Joseph Wilson vs. Emillius Case, the parties residing in this county. The suit was brought to recover $76. The value of a cow sold by the Plaintiff to the defendant.

"The cow was purchased on the recommendation that she was a good breeder. The defendant claims that she was barren. Hence he refuses to pay and hence the law case. The attorneys for the plaintiff are D. M. Link and E. B. Dunten and those for the defendant are C.E. Emanuel and P. V. Hoffman."

Paper states: The case of Jos. Wilson vs. Emillius Case, which was on trial to a jury in the circuit court Friday, was finished at 6: o’clock in the afternoon ad the jury retired to their rooms for deliberation. They had quite a tussle, being out all night and not agreeing on a verdict until 8 o’clock Saturday morning. When reported to Judge Bratton it showed that a verdict had been given the plaintiff for $320 and that each party pay half of the costs of the suit.

"The amount sued on was $349. The principal point of contention was over a cow. The amount claimed for her being $76. The verdict indicated that the jury had valued her at $47. There were other items included in the account sued for.

Order Book 42

March Term 1908, Page 155, 194, 195

Wingert Furnace Co.

White, John Hagen

   

Foreclosure of Mechanics Lien. Page 194, 195 Defendants three times called and in default. (part of document burned) Court finds for the defendant who is to recover $85.79 from the defendant and mortgage to be foreclosed

Auburn Courier,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Garrett Clipper

Thursday, June 11, 1908

 

 

 

 

 

 

 

 

 

 

 

 

 

 

February 13, 1908

Winterich, Christ

City of Garrett

   

Plaintiff secured a judgment of $700 in circuit Court for damages. It is now reversed in the supreme court on legal points and sent back to the circuit court for retrial. The case was begun in 1902. Mr. Winterich owned a green house in Garrett and by reason of high water alleged to be the fault of a defective city sewer many of his plants were destroyed. For this damage he sued the city. After two trials he secured a judgment of $700. It was then appealed to the supreme court, where it was reversed. Follows the three reasons for reversal.

"The case of Christ Winterich vs. the City of Garrett has been set for oral argument in the appellate court at Indianapolis February 28. It is the outgrowth of Mr. Winterich’s greenhouse being flooded several years ago in the rainy season. The suit was tried twice in the circuit court, resulting the first time in a verdict of $700 for the plaintiff. The second time the judgment was for a little less than the amount.

Order Book 42

October Term 1908, Page 425

Wolf, Ella

Walker, Orlagood W. et al

   

Case 8418 Foreclosure of ? Most of document destroyed.

Microfilm Roll Civ. 01

Auburn Weekly Courier

Index Point 000876

December 19, 1907

Wyatt, William

Hull, Mary Jane etal

   

Case 7963 in 1907 index point 000876-index point 000880

 

"One of the most important cases tried in the Steuben Circuit Court in years came to a close Friday afternoon in Court at Angola. It was an action brought by William P. and Edwin J. Wyatt against Mary Jane Hull and five brothers and sisters, all the parties being legatees under the will of John Wyatt, deceased, late of DeKalb County, Indiana. The case was brought to contest the validity of a fourth codicil to the will of the testator, which will was made in 1891 and in which he changed all the parties to this action with certain advancements. The will was made when the old gentleman was eighty years of age. He added codicils to the will at intervals for twelve years. When at the age of ninety-two years he made a fourth codicil in which he undertook to charge the plaintiffs with $1000 and $600 respectively, as advancements he had made and recited in codicil that he had forgotten to charge these amounts at the time the will was made. The cause of action was brought o set aside this codicil on the ground that the testator was of unsound mind when he made it. The cause was venued from DeKalb County and tried before the Hon. W. M> Brown as special judge and occupied two weeks.

Order Book 42

May Term 1908, Page 230

Wyatt, Charles W.

Talbert, Royal L.

   

Promissory Note: Defendant in default and court finds for the Plaintiff. Plaintiff to recover $260 from defendant.

Auburn Weekly Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Microfilm Roll Civ. 01

December 19, 1907

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Index Point 000876

Wyatt, William P et al

Hull, Mary Jane et al

Other Plaintiffs: Edwin J. Wyatt

Other defendants: Mary Jane Hulls five brothers, sisters and all the parties being legatees under the will of John Wyatt

 

"One of the most important cases tried in the Steuben Circuit court in years came to a close Friday afternoon in Court at Angola. The case was brought to contest the validity of a fourth codicil in the will of the testator, which will was made in 1891, and in which he charged all the parties to this action with certain advancements. The will made when the old gentleman was eighty years of age. He added codicils to the will at intervals for twelve years when at the age of ninety-two years he made a fourth codicil in which he undertook to charge the plaintiff’s with $1,000 and $650 respectively, as advancements he had made and recited in the codicil that he had forgotten to charge these amounts at the time the will was made. The cause of action was brought to set aside this codicil on the ground that the testator was of unsound mind when he made it. The case was venued from DeKalb County."

These are documents that may be partially usable from civil records. Index point 000876-000880

Order Book 42

March Term 1908, Page 181

Zeek, John

Lung, Daniel E.

   

Promissory Note. Defendant three times called and is in default. Court finds for the Plaintiff that he is to recover $165.

Order Book 42

October Term 1908, Page 441

Zeis, Perry

White, Scott, et al

Other Defendants: Amos Beaty, Maud B. Beaty, C. P. Howey

 

Case 8322 Promissory Note details destroyed.

Order Book 42

 

 

 

Auburn Courier

Vacation Term 1907 Page 109

 

 

Thursday, February 27, 1908

Zimmerman, John

Farmers Bank of Auburn, IN

   

Receivership Norman T. Jackman is receiver of the bank (Defendant)It is ordered that said receiver do sell to the highest bidder for cash the Notes and Judgments in said petition.

Receiver’s Sale assets of Defunct bank "Farmer’s Bank.