Complaints and Partitions (Circuit Court)

 Court Records 7 Book 43

 Copyright © 1997-2003 by Dan Terry for DeKalb County INGenWeb Project. All Rights Reserved.

 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

 Many pages are not included in this research, as the names of individuals are missing because of the fire of 1913.

Our apologies for names that may be misspelled as old handwriting is difficult to decipher.

Copies of these documents maybe obtained from the DeKalb County Clerk’s office if an Order book or Microfilm is referenced.

If the Recorders Office is referenced, the document may be found in the DeKalb County Recorder’s Office. 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.

If a newspaper is referenced, a copy can be obtained from the Willennar Genealogy Center. Please email Lynn Kaiser for assistance - lkaiser@epl.lib.in.us.

If ordering by mail, be sure to send a SASE business envelope. Court records cost $1.00 per page.

 

CIVIL RECORD

 

DATE

 

PLAINTIFF

 

DEFENDANT

 

OTHERS

 

COURT INFORMATION

Order Book 43

December Term 1908

Pages 2 & 3.

 

Waubgamus, Anthony

 

Good share of this document burned. Defendant in default There

Was a life estate for a Margaret Waubgamus on the property at the Southwest ¼ of the northwest ¼ of section 16, Township 35 north, range 12 East.

Order Book 43

March Term 1909, Page 201

? Mary

Gee, Ida

 

Slander

Order Book 43

March Term 1909, Page 144 May Term Page 339

A. H. Perfect Co.

Miller, George

 

Case 8474. Account. Page 339 Court trial finds for the plaintiff I the amount of $60.45 due from the Defendant.

Order Book 43

May Term 1909, Page 323

A. S. Perfect Co.

Miller, George

 

Case 8474 Account Defendant in default.

Order Book 43

May Term 1909 Page 342, 366, 398, 400

Allen, Clyde

Steuben Electric and Telephone Co.

 

Page 366 Case continued. Page 398 Defendant files for change of venue form DeKalb County. Page 400 Changed to Allen County Superior Court.

Order Book 43

March Term 1909, Page 247, 294

Allen, Mary Edith Administrarix of Estate of Emma Frederick

Slaybaugh, Hiram H. Treasurer

 

Injunction Court finds for the Plaintiff and the Auditor Emory Shook and Treasurer of DeKalb County, H. H. Slaybaugh are restrained and enjoined from collecting or attempting to collect taxes (rest of document destroyed by 1913 fire).

Order Book 43

May Term 1909 Page 486

Allman, Nelson R.

Woodward, Robert et al

Other defendant; Willie? Woodward

Case 8536 On Note and foreclosure of Mortgage. Defendants are three times called and in default. Plaintiff is due $415.41 and should have judgment of foreclosure.

Order Book 43

March Term 1909, Page 125, 140

American Seeding Machinery Co.

Krabill, Henry W.

 

Case 8431 Complaint for conversion. Page 140 Case 8431

Order Book 43

December Term 1908, Page 90-92

March Term 1909, Page 269

Anderson, Cecilia M. et al

Haskins, Esther M. et al

Other Plaintiff Calvin Hathaway other defendants: Otto J. Shaw and Elmer Dawson, James D. Wilcox, Romaine C. Campbell.

Partition. Part of document destroyed by fire Otto J. Shaw and Elmer Dawson were served summons by the Sheriff of Pulaski County, Indiana Defendants are in default. Jury finds that Calvin Hathaway, Jessie Hathaway and Celesta A. Anderson. And the defendant Esther M. Haskins are the owners as tenants in common of the real estate and Calvin and Jessie Hathaway are the owners ?. Page 269 Case 8470 Plaintiff files motion to set aside the order of sale and the judgment heretofore entered set aside. Cause is dismissed.

Order Book 43

March Term 1909, Page 182, 389

Aschelman, Christopher,

Fitch, Frank E et al

Other Defendant: Frank Bradley

Account Page 389 Frank Bradley in default. Goes to Court for trial. Both defendants owe $62.50 to Plaintiff. Cross complaint for Frank E. Fitch is entitled to receive from Frank Bradley $450. and is entitled to have the mortgage foreclosed. .

Order Book 43

March Term 1909, Page 156, 157, 158,159, 197

Baker, Maude et al

Miser, Chester et al

Other Plaintiff Homer C. Baker, Other defendant: Curtis Miser, Christian Miser, Blonde Miser, Fretta Casselman, Edward Casselman, Clara Keller, Clinton Keller, Laura Miser, Victor Miser,

Partition Sale of Real Estate to Edward Casselman: the Northwest? of the Southeast ¼ of Section 12, Township 34 North Range 12 East. Part of document destroyed by 1913 fire. Page 197 Commissioner ordered to pay the clerk $145.43 for the use of Curtis Miser and like amount for the use of Clara Keller, like amount for the use of Chester Keller, a like amount for the use of Laura Miser and a like amount for the use of Victor Miser.

In Recorder’s Office there a Commissioners Deed for the cause of Monda? Baker et al and Christian? Miser is defendant. The land is conveyed to Edward Casselman and Alfretia Casselman for the sum of $1600. The land: the Northwest ¼ of the Southeast ¼ of Section 12 Township 34 North Range 12 East.

Order Book 43

March Term 1909, Page 139, 280, May Term 1909 Page 456

Baldwin, Henry J.

Sheldon, Lillian

 

Promissory Note. Case 8328 Page 280 case continued. Page 456 Due to the illness of J. W. Baxter, the attorney in this case, the cause is set for October.

Order Book 43

May Term 1909 Page 510

Bartley, Rudolph A.

McInturf, Louis H.

Other Plaintiff Walter Mnahawk et al

Case 8592 Court finds for the defendant.

Order Book 43

March Term 1909, Page 264, 266, 267

Bartlett, Frank

Elston, Frank L. et al

Other Defendant Maude E. Elston

Case 8511 Note and foreclosure of mortgage. Court trials. Court finds for the plaintiff $1,132.70 Page 266 part of document destroyed. Court grants foreclosure of the premises.

Order Book 43

 

 

 

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

Waterloo Press

May Term 1909 Page 485

 

 

 

 

Monday, July 8, 1909

 

 

 

 

 

 

 

 

 

July 15, 1909

Bell, George et al

Kelley, Charles et al

Other Plaintiffs: P Hoffman, Cyrus M. Phillips. Other defendants Herschel C. Kelley, Mary G. Williams, Alfred Kelley, Herman Grueter.

Case 8575 Appeal Bond. Cause is dismissed.

 

 

 

 

News received Saturday afternoon is to the effect that the supreme court of Indianapolis has denied the petition for a rehearing in the case of Charles Kelley vs. George Bell, appealed from the court of DeKalb County.

In the suit filed today in the DeKalb Circuit court there is another chapter to write in the famous Bell Kelley case, which has bee in the courts for the last five years in its various phases, having originally been begun in 1904.

Originally it was a suit brought by George Bell against Charles Kelley to recover damages in the sum of $5,0000 but was never able to collect the amount by execution.

Finally suit was begun in and of execution to submit United States bonds held by Kelley to its payment. These bonds were transferred to the children of Kelley. They fought this latter case was then appealed to the supreme court and the latter court sustained the decision of the circuit court.

In this appeal a bond was given, Charles Kelley, Herschel Kelley, Mary G. Williams, Alfred Kelley and Herman Grueter being its signers.

Now suit is brought in the circuit court in DeKalb County on this bond to recover the original judgment, $5,000, costs etc. amounting in altogether over $7,000. The case is entitled GE. Bell, P. V. Hoffman and Cyrus M. Phillips vs. Charles Kelley, Herschel Kelley, Mary G. Williams, Alfred Kelley and Herman Grueter.

Order Book 43

March Term 1909, Page 134, 144

Beminghoff, (Bennyhoff?) Daniel

Hampshire, Solomon Claud

 

On note. Case 8487, Case is settled and dismissed. Case 144 Case is dismissed and costs paid.

Order Book 43

December Term 1908, Page 81-84

Bevere, Almeda et al

Dennison, J. a. Adm of Libbie Bust Estate.

 

Good part of document destroyed by 1913 fire. Shows receipt of cash for the estate and the payment made (with parts burned)

Order Book 43

 

 

 

 

 

 

 

 

Auburn Courier

March Term 1909, Page 144, 155, May Term 1909 Page 467, 468

 

 

 

 

July 12, 1909

Blair, Lewis J.

Baker, Daniel Admr of Frank Draggoo estate

 

Replevin. Case 8477. Page 155 case continued. Page 467 Goes to Jury for trial. Page 468 We the jury find that the Plaintiff to take nothing and that the defendant recover his costs.

The trial of the case of Lewis J. Blair vs. Daniel J. Baker, Administrator of the estate of Frank Draggoo, deceased, was begun before a jury in the circuit court Thursday forenoon with P. V. Hoffman representing the plaintiff and. H. Rose the defendant as attorneys.

It is a suit brought I replevin to recover the possession of a three-year old horse, Red Hal, valued at $150 a buggy valued at $50, and harness and robe. The plaintiffs also demands damages to the sum of $50 for the detention of the property.

With the trial of the case ended the jury will be given a vacation, being excused until August 30, when court will again convene and several important jury cases be tried, among which will be the Garrett drain case and a Butler case.

The jury brought a verdict for the defendant in the above case.

Order Book 43

May Term 1909 Page 509

Blomeke, Mary

Barker, Davis A.

 

Account Case 8597.

Order Book 43

March Term 1909, Page 134

Boardman, Will H.

Dolph, Charles B. et al

Other Defendants: George Dolph, City of Garrett et al

Partition Case 8182 Agreement made by the parties and the case is dismissed.

Order Book 43

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

March Term 1909, Page 261, 277, May Term 338, 448

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday, July 1, 1909

Boozer, Ella et al

Supreme Lodge Modern American Fraternal Order

Other Plaintiffs: Ralph Boozer, Ella Boozer guardian of Ralph Boozer

Case 8212 Part of document missing due to the 1913 fire. Page 277 For Benefit. Case continued. Page 338 Case continued. Page 448 Court finds for the plaintiffs in the amount of $1800. Ellen Boozer files certified copy of her appointment as guardian of Ralph Boozer, by the Probate Court of Hillsdale County, Michigan.

The action brought by Ella Boozer against the Supreme Lodge of M. A. Order was settled in DeKalb Circuit Court Monday the defendant paying the plaintiff $1,800 and paying court costs.

Auburn Courier

March 4, 1909

Borst, Frank A

Baker, Harley

 

Sheriffs Sale. By virtue of an execution issued on a judgment rendered in the DeKalb Circuit Court on January , 1909.. offer for public Sale. The undivided o/1 of lots 143, 144 Western Addition in the town , now City of Auburn, Indiana.

Order Book 43

 

 

 

 

 

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order Book 43

December Term 1908 Page 70, 88, 94-96

 

 

 

 

 

February 1, 1909

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Thursday, February 4, 1909

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Monday, June 14, 1909

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

March Term 1909, Page 165

Bubb, George Administrator of the estate of Anthony Bubb

Fort Wayne & Springfield R. R. Co.

 

Damages. Page 88 Case continued. Page 94-96 much of article destroyed by 1913 fire; but the jury could not come to a verdict and the jury was discharged from the case.

The testimony in the case of Bubb, Administrator vs. the Fort Wayne & Springfield R. R. Co, which has been on trial in the circuit court all the week, was finished late Friday afternoon and the Jury excused until Tuesday, when the argument will take place.

Judge Bratton will open the Steuben Circuit court at Angola on Monday and return here for the purpose of finishing up the Bubb Case.

The attendance at court during the trial of the case has been large. The accident that resulted in the death of Anthony Bubb, for which the administrator is seeking damages, occurred at Nine Mile, a small station In Allen County, a year ago. The case was venued here from Allen County. Many witnesses from the vicinity have been here all the week attending the trial.

The case has been strongly fought. The defense claims that the decedent was a trespasser on the interurban tracks at the time he was killed.

"…Anthony Bubb, for whose death the plaintiff is seeking to recover damages in the sum of $10,000, was a resident of Nine Mile, a way station on the Fort Wayne & Springfield Interurban, half way between Fort Wayne and Decatur. He was a man sixty-eight years of age. He moved to Nine Mile forty years ago and by thrift accumulated a farm.

Nine Mile is but a small station only a few house being there but because of its location Mr. Bubb had there a sort of store and a boarding house, and at times did considerable business. He was one of the best-known man in that part of the county.

The tracks of the interurban railroad ran along within twenty-five feet of the front of his house. On the opposite side of the tract was there freight platform. There the freight received for Mr. Bubb was deposited. One day, on the 10th of January 1908, Mr. Bubb was crossing the tracks from his house to the freight platform to get some goods when he was struck by an interurban car and killed.

His heirs clam that his death was due to the negligence of the company. Very near to the Bubb house the company maintained a switch. Onto this switch at the time of the accident a northbound car had been run so as to allow the limited coming from the north. This car standing on the switch obstructed the view of the track from the direction the limited was approaching. Hence Mr. Bubb did not see his danger and was killed.

(There is more detail; but for the sake of space-The Jury was unable to agree and Judge Bratton discharged them.)

A $10,000 damage suite was held in circuit court here this morning on change of venue from the Allen Circuit court at Fort Wayne. The plaintiff is George Bubb, and he files the suit, as administrator of the estate of Anthony Bubb, in behalf of the latter’s widow, Sarah Bubb, and her ten children. The damage suit grows out of a fatal accident on the Fort Wayne & Springfield Traction line, which company is made defendant in the suit. On January 10,1908, Anthony Bubb was crossing the traction company’s tracks between Fort Wayne and Decatur, when he was struck by a limited are, alleged to be running sixty mile an hour to make up eight minutes that it was late. Bubb’s view is alleged to have been obstructed by a car standing on a siding and by trees and the company’s employees are alleged to have been negligent in not being stationed so as to give warning especially the crew of the car standing on the siding. Bubb had a place of business opposite the traction company’s station and it s alleged he was crossing the tracks on business purposes to deposit freight for shipment. The firm of Colericks of Fort Wayne are Plaintiff’s attorneys. _From the Bluffton news.

The case was tried in the circuit court At Auburn during the past winters and the jury disagreed

Page 165 Case is dismissed with prejudice

Order Book 43

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

May Term 1909 Page 466, 469, 478, 485, 498, 509, 510

 

 

 

 

 

 

 

 

 

 

July 12, 1909

Bursley, Gilbert E.

Daniels, Miram L. et al

Other plaintiffs: James M. McKay, Frank K. Stafford, Frank L. Swack? Other defendants; Lois H. McInturf.

For Receiver. Case 8571 Page 469 Attorney appears for Louis H. McInturf. Page 478 Case continued. Page 485 Case continued. Page 498 Case continued. Page 509, 510 Plaintiff dismiss case against Daniels and Court finds for the Defendant McInturf.

Creditors of Butler Grocer Firm Make a Request for a Receiver.

Suit has been brought in this circuit court by The Russ Company et al and the Bursley company et al asking for the appointment of a receiver to adjust the business of Louis H. McIntosh and Marion Dannells partners engaged in business at Butler as grocers. The indebtedness filed aggregates over $800

Order Book 43

December Term 1908, Page 74-79

Camp, Amanda E. et al

Miller, Albert DeForest Guardian of Ethel V. Camp Minor

Other Plaintiff’s Mabel C. Judson, Maude B. Duncan, Emma H. Miller & Jesse W. Camp.

Good share of document destroyed by fire. Aaron Camp died in testate the owner of a part of the North ½ of Section 6 in Township 35 North Range 13 East. Amanda E. Camp is the widow of Aaron Camp. His children: Jesse W. Camp, Mabel Judson, Maude B. Duncan, Eva H. Miller and Ethel V. Camp Ethel V. Camp is a minor and Albert Deforest Miller has been duly appointed her guardian. The rest seems to be the partition of the land to the heirs.

In Recorder’s Office Deed Book 77 Pages 213, 214 there is a Copy of Decree Deed for this case 8479 Partition.

Amanda E Camp is the owner of a part of the North ½ of Section 6 in township 35 North Range 13 East (fuller description is include) and the deed goes on to partition the land to the other plaintiffs including Ethel V. Camp. Property is in Ashley.

Order Book 43

December Term 1908, Page 23

Camp, Maude E. by her next friend Charles W. Camp

Chicago, Indianapolis and Louisville R. R. Co.

 

Court rules that the Plaintiff is entitled to recover $100 from the defendant.

Order Book 43

March Term 1909, Page 197 May Term Page 326, 354

Card, Phineas A et al

Haynes, Edward F.

Other Plaintiff: William P. Card partners doing business under the name of C. A. Card & Sons

Case 8535 On Contract Plaintiff moves to dismiss the case without prejudice. Page 326 Case continued. Page 354 Play costs of cause 8246.

Order Book 43

March Term 1909, Page 161,

Card, Phineas A. et al

Cupp, John J. et al

Other Plaintiff: William P. Card partners doing business under the name of C. A. Card & Sons, Other Defendants Hiram H. Cupp

Case 8250 Complaint on contract. Cause settled and dismissed.

Order Book 43

December Term 1908, Page 10, 140, 195

Carmer, Jeremiah administrator of the Estate of Carol Mortoff

City National Bank of Auburn

Other Defendant W. D. Jenkins.

Case 8409 Come now W.D. Jenkins and as to be made a party defendant and that he be substituted for the City National Bank. (some of document destroyed by the 1913 fire) Page 140 W. D. Jenkins applies to be a defendant in the case 8409 Page 195 case continued.

Order Book 43

May Term 1909 Page 473, 486

Carpenter, Bertha M.

Platt, Flora E. et al

Other defendants William Platt, Mary A. Jones, and George L. Jones

To confirm deed and quiet title. Case 8574. Mary A and George L Jones file answer except a life estate of the defendant Mary A. Jones. Page 486 William and Flora Platt are in default. Court finds for Plaintiff that she is the owner of the Real Estate with Mary A. Jones having a life estate.

In Recorder’s Office Deed Book 77 Page 543 there is a Copy of This decree. The land is the Southwest ¼ of Section 14 in township 35 North of range 14 East, excepting 54 acres off the east side thereof and excepting also that the defendant Mary A. Jones has and hold the right of the use and benefit of the undivided ½ of the said real estate for and during the term of her natural life.

Order Book 43

March Term 1909, Page 165, 173-177

Carson, Thomas S.

McCutcheson, ?

Other Defendants: Fred Schulthess, Benjamin Lev and Lucia Levi.

Quiet Title. Most of the pages in 173-177 are destroyed and difficult to make any sense to it.

Order Book 43

May Term 1909 Page 391, 461

Cass, John F.

Osfal, Henry S.

 

Account Case 8324. Attorneys appear for plaintiff. Page 461 Court finds for the Plaintiff. (amount is not available due to parts of document missing)

Order Book 43

March Term 1909, Page 182

Champion Potato Machine Co.

Krabill, Henry W.

 

Account. Court finds for the Plaintiff and they are to recover $243. from the defendant.

Order Book 43

March Term 1909 Page 301

Clark, George J.

Trumple, Peter et al

Other Defendants Elmer C. Strause, Charles Hopkins.

Good share of document destroyed by 1913 fire. Plaintiff to recover $112. from defendant.

Auburn Courier

 

 

 

Order Book 43

February 22, 1909

 

 

 

March Term 1909, Page 146, 243

Colby, Sarah

Colby, Thomas

Other Defendants: Charles and Gertrude Colby.

This is to replevin household goods valued at $200 and damages in the sum of $200.

Page 146 replevin Case 8491 Defendants appear with attorney. Page 243. Cause is settled and dismissed.

Order Book 43

May Term 1909 Page 341, 430

Cole, Maude R.

Livergood, Alvin A.

 

Replevin. Case 8547. Plaintiff ordered to pay the clerk of the court a cash deposit of $25 and to furnish a regular cash bond. Page 430 Case continued.

Order Book 43

 

 

 

 

 

 

 

 

 

 

 

Butler Weekly Record

March Term 1909, Page 201, May Term 1909 Page 469, 479, 484

 

 

 

 

 

 

 

January 15, 1909

Cook, Jacob

City of Butler

 

Case 8467 Injunction Page 469 Subpoena to be issued for Frank A. Brink Clerk of the City of Butler and R.C. Campbell Treasurer. Page 479 Case continued. Page 484 Case continued.

 

 

The City of Butler was made defendant in a big injunction suit begun Tuesday in the circuit court by Jacob Cook, a property owner.

This suit grows out of the construction of the big sewer in this city. In his complaint he says that the city has had constructed a sewer at a total cost of $50,181.61. Of this sum $10,000 was assessed against the city, $3,000 of which were paid in cash in December last and steps taken to pay the remaining, $7,000 in city orders. There was also an expense of $3,000 which fell to the city, this arising from hiring civil engineers, clerks, buying books, bonds, etc.

The purpose of this suit is to enjoin the city from issuing the $7,000 in city orders or paying the $3,000 for hire and other expenses incidental to the construction of the sewer. The reason assigned y Mr. Cook is that such assessment is illegal inasmuch as the city is now taxed to the limit of the law and to add $10,000 more would necessitate raising the rate of taxation above the limit.

As the city council is now arranging to fix the rate to raise the necessary money to meet the $17,000 obligation. He asks that the city be enjoined until a hearing can be had and then to make the injunction a permanent one.

Order Book 43

May Term 1909 Page 512

Cox, I. N.

Cass, J. F.

 

To release from bond.

Deed Book 77

Page 374, 375

Crawford, Seigal E.

Millington, Abel et al

 

Cause 8380 Court decrees that Seigal Crawford is the owner of the North ½ of the Northeast ¼ and the Southeast ¼ of Said Northeast ¼ all of Section 31 in Township 35 North of Range 12 East, except a part of the northwest ¼ of the northeast ¼ of section 31 Township 35 North of Range 12 East. (Fuller description is in the deed) Lands covered by Wyleyo Lake in DeKalb County are mentioned.

Order Book 43

 

 

 

 

 

 

 

Auburn Courier

March Term 1909, Page 133

 

 

 

 

 

 

June 14, 1909

Cronin, Bessie

Fort Wayne News Company

 

Case 7504 Damages. Auburn Courier, March 8, 1909 Dismissed because of the failure of the plaintiff to file an amended complaint as ordered by the Court. Judgment that the plaintiff recover nothing and that the defendants recover their costs.

A suit for damages that was carried for a long time on the civil docket of the circuit court of DeKalb County, venued here from Allen County, was that of Bessie Cronin vs. the Fort Wayne Daily News in which the plaintiff sued for $50,000 damages

The plaintiff is a young lady living at Valparaiso, IN and several years ago was a student in he normal schools there. She had studied law and since that time has been admitted to the bar. One evening in a girlish freak, so the newspapers mentioned at the time, she perpetrated a joke on a young man of Valparaiso, a fellow student at the school.

The newspapers secured the particulars of the affair and made a sensation of it and it was published in various papers throughout the country. Being sent out as telegraph by the telegraph associations. Among these newspapers were the fort Wayne News and the Fort Wayne Journal Gazette, both of which put the account under sensational headlines.

Miss Cronin claimed that the matter stated in these accounts was untrue, that it injured her character, and brought her into disrepute. Hence she brought suit against a number of these papers, among which were the Valparaiso Sun, the Fort Wayne news and the Journal Gazette laying damages in each case at $50,000.

Outside the filing of the complaint and the answer and taking of depositions nothing was done in regard to the case in this county, venued fro Allen. It ran along on the docket for several years. P. F. Hoffman of this city being the local attorney for Miss Cronin, and was finally dismissed at he March term of court.

The point of interest in the various suits just now is that the complaint in one of the cases, that against the Valparaiso Sun has just been held good by the Supreme Court of Indiana. (There follows their decision)

Order Book 43

May Term 1909 Page 430

Culbertson, Ray

Thomas, Ralph L. Sheriff

 

Habeas Corpus Case 8537 Case is dismissed by Plaintiff.

Auburn Courier

Thursday, February 11, 1908

Davis, E. Gregg

Robbins, Wm. H.

 

The case of E. Gregg Davis vs. Wm. H. Robbins, in which the plaintiff sues the defendant for $300 commission as agent for the sale of an 80 acre farm and attorney fees of $200 has been venued from the Whitley County court t the DeKalb circuit court for trial. It is brought to the court here for retrial. It was tried once in the Whitley circuit court and the jury rendered a verdict in favor of the defendant.

H. Gregg Davis was a well-known real estate agent at Fort Wayne. (Part of document difficult to read)

He afterward, he says, induced one George L. Cowan of Hoswell, Indiana to visit said farm and look it over with a view to purchase. About three weeks afterward said Cowan purchased said farm, without the knowledge of plaintiff, of said Robins, paying for it $6,200. Plaintiff then demanded his commission fees, which defendant refused to pay.

The answer of the defendant Robbins is that Davis did not effect the sale of the farm within the time prescribed by the contract.

Auburn Courier

May 17, 1909

Davis, Jos

Wiley, Max et al

Other Defendant Sam Jordan

In the cases for alleged bunco steering against Max Wiley and Sam Jordan, brought by Jos. M. Davis of this city, the latter claiming t have been swindled out of some $3,000 on a fake wrestling match by the two first named, the Courier has recorded "scoops" on its contemporaries in both the opening and the closing chapters of this interesting and sensational newspaper story.

The Courier was the first to record the fake wrestling match and the alleged $3,000 swindle, and this too, at a time when other papers were treating it as a "joke." And intimating that there was nothing in it."" They all took up the story later, however, but not until the arrest of Wiley and Jordan had been made. Then they awoke in earnest in the fact that there was something in the story.

The closing chapter of this story the Courier was also the first to give and in the giving of it recorded another "scoop’ This it gave in its issued of Thursday evening, the dismissal of the cases at Angola by Judge Bratton, the cancellation of the bond and the release from jail of Jordan, a fact that no other paper of Thursday evening gave.

There is but littlie else to tell in thus story. The main facts have been covered by the Courier. Only the court proceedings in detail, the motion of the prosecuting attorney for the dismal of the cases and the order of Judge Bratton made in court.

There follows the Prosecutors Motion ad the Judges Order.

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order Book 43

Monday, April 12, 1909

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

March Term 1909, Page 249, 270, 271

Davis, Jos.

Trovinger, Simon et al

Other Defendant Bert Trovinger

Concerning the lease of the building at the corner of Ninth and Cedar streets, which was on trail before a jury in the circuit court, has been settled and dismissed. The settlement having been reached just before the noon hour adjournment on Friday. The plaintiff had introduced the contract on which the suit was founded and the defendants had introduced their evidence when the attorneys of parties conferred and the settlement was reached. Rose and Brown were the attorneys for the plaintiff and Baxter and West represented the defendants.

By the terms of the settlement each of the parties continues his former rights under the least from the owner of the building and will occupy their respective portions, one as an implement dealt and the other in the poultry business. Each pays half the costs

Case 8497 postponed until April 8, 1909 Page 270 , 271 goes to jury for trial. by agreement the parties settle the cause and case is withdrawn from the Jury and Plaintiff dismiss his complaint and defendants dismiss their cross complaint.

Waterloo Press

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order Book 43

May 13, 1909

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May Term 1909 Page 326

Dawson, Florence

Campbell, Romamaine

Other defendant J. D. Wilcox

Through her attorney, P. V. Hoffman, Florence Dawson has filed suit in the circuit court asking that Romamaine Campbell and J.D. Wilcox be restrained from cutting timber on their farm of 120 acres situated in this county. The complainant claims she holds a mortgage on the farm of $3,500 and that the farm is hardly worth that sum if she should foreclose. Knisely Bros. Of Butler, have a mortgage on the place for $3,800.

Injunction and Damages Attorneys appear for the defendant

Order Book 43

March Term 1909, Page 134

DePew, William

Chicago and Interurban R. R. Co.

 

Quiet title.

Order Book 43

May Term 1909 Page 399

Don & Snell Co.

Beams, Jack

 

Case 8540 Account. Cause is dismissed and costs paid.

Order Book 43

Auburn Courier

May Term 1909 Page 516

August 9, 1909

Drinkwater, Emilie

Seibert, Joseph

 

Case 8484 Slander.

 

Emilie Drinkwater, who resides at Garrett, has brought suit in the circuit court against Joseph Seibert, also of Garret, for damages in the sum of $1,000 for alleged slander. The words uttered by the defendant of the suit, so it is set out in the complaint filed by Sharpless & Atkinson the attorneys for the plaintiff, are as follows: "Mrs. Drinkwater milked my cow, I wired the gate, but still she milked my cow."

The complaint stated that these words meant and were understood to mean that the plaintiff was guilty of petit larceny. It also states that the plaintiff was not and had not been in the employ of the defendant and tat she had no right to do the tings mentioned. It is claimed by the plaintiff the words mentioned were uttered in July of 1908 and they were said maliciously, falsely and with intent to injure and destroy the plaintiffs reputation

Order Book 43

 

 

 

Auburn Courier

May Term 1909 Page 507

 

 

August 23, 1909

Eberly, Violet by T .Eberly her next friend

Mortimer, James D. Receiver of the Toledo?

 

Curt finds for the Plaintiff in the sum of $50 and costs.

 

 

In the circuit court on Friday, Judge Bratton rendered Judgment of $50 and costs in the case of Violet Eberly by her next friend, Theodore Eberly vs. the Toledo & Chicago Interurban Co. Violet a, a little daughter of Theodore Eberly was injured some time ago in the interurban by being struck by a car. It is understood the case has been settled out of court . Suit was brought for $500 damages

Order Book 43

March Term 1909, Page 198, 274, 282, May Term 1909 Page 324, Page 403, 475

Ewing, Frank S.

McClure Mining and Reduction? Co. et al

Other defendants Mary R. Burnham, Charles F. Burnham, H. A. Gingery, Of. Clark and Elmer E. Clark

Case 8506 Defendants appear for the Clarks and Gingery. Defendants submit to 23 interrogations from the Plaintiff Page 282 case continued. Page 324 Cross complaints filed. Page 403 Case continued. Page 475 Plaintiff asks for change of Venue to Noble Circuit Court.

Order Book 43

March Term 1909, Page 141, May Term 1909 Page 434

First National Bank of Iowa City, Iowa

Parker, Claude M.

 

Case 8447 Cause is dismissed by the Plaintiff.

Order Book 43

December Term 1908 Page 12,14

Frederick W. Sheppard Publishing Co.

John E. Baker Moss Co.

 

Account and Receiver Case 8444. Submitted to Court on application for a Receiver. Harry W. Brown appointed as Receiver. Page 14 The defendant asks the court to set aside , vacate the order and judgment of the court appointing a receiver. Motion is sustained and appointment of Harry W. Brown is set aside and he is discharge.

Order Book 43

March Term 1909, Page 144, 154, May Term 1909 Page 323, Page 395, 401

Gage, Edwin B.

Whirly, Edwin P.

 

Case 8482. Conversion of Property. Page 154 Case continued. Page 323 Case continues. Page 395 Goes to jury for trial. Page 401 Case continued.

Order Book 43

May Term 1909 Page 325

Galetin, Cyrus E.

Reyher, John V. et al

 

Case 8527

Order Book 43

March Term 1909, Page 194 May Term Page 325

Galetin, Cyrus E. et al

Cast, E. B.

Other Plaintiffs Richard N. Miller, Charles Treesh, George Engler, William Kide, Jacob Rink, Warren w. McClure, Livingston G. Coal, Samuel Price, George Fulkmon

Promissory Note Goes to court for trial. Plaintiffs to recover $40.45

Order Book 43

December Term 1908, Page 8

Garrett Banking Co.

John E. Baker Moss Co.

Other Defendants Chicago Horseman? Newspaper Co,

Warren A. Austin, Clerk

See Also Order Book 42 and newspaper clippings.

It was decided by the Court that the Plaintiff recover from the defendants $454 together with costs. The Chicago Horseman Newspaper Co to recover from John E. Baker Moss Co $61 with interest and costs from the sale of Real Estate over and above judgment interest and costs in the case of Aaron Baker Administrator vs. John E. Baker Moss Co.

Order Book 43

March Term 1909 Page 312, 313

Garrett Banking Co.

Kester, Alonzo A.

 

On note. Most of document destroyed by 1913 fire.

Order Book 43

March Term 1909, Page 131, 308, 309

Garrett Banking Co.

Rogers, Pauline et al

Other defendant: C. Rogers, (Charles T)

On Note. Copy of note for $50. Page 308 most of document destroyed by 1913 fire. Court finds for the plaintiff that defendants owes them $80.90

Order Book 43

May Term 1909 Page 365, 386, 387

Geddes, Henry E..

Gonser, Ashton W.

 

To settle partnership, foreclosure etc. Case 8533 Pages 386 and 387 mostly destroyed by 1913 fire.

Auburn Courier

August 16, 1909

George, Edward

Vandalia Railroad Co

 

The case entitled Edward George vs. the Vandalia Railroad Co has been appealed to the Indian Appellate court as the result of a motion filed by the Vandalia Company. The company will furnish an appeal bond of $1500 with the American Surety Company of New York, with thirty days.

Order Book 43

May Term 1909 Page 432, 533, 534

Ginder, Byron et al

Walker, Minnie B. et al

Other Plaintiff: Edith M. Ginder

Quiet title Case 8567. Notice of cause published in the Butler Record. Page 533 Defendant in default. Court trail finds that eh Plaintiffs are owners and they are entitled to have the description of the real estate described in the deed to Rosa, Chambers reformed

In Recorder’s Office, Deed Book 78 Pages 554, 555 is recorded the Deed for cause 8567. Lot 38 in Danforth’s addition to the Town of Butler.

Order Book 43

March Term 1909, Page 219

Goodale, William

Carpenter, Charles J. et al

Other defendant The Ft. Wayne Water Power Co.

Injunction and Damaging. Plaintiff dismisses the case.

Order Book 43

May Term 1909 Page 465

Goodyear Tire & Rubber Co.

Willis, Marin B.

 

Account., Case is dismissed by Plaintiff.

Order Book 43

March Term 1909, Page 271, 272, 273

Greens, Julia A.

Wabash R. R. Co.

Other Defendant: Indiana Improvement Co.

Case 8392 Damages Pages 272, 273 Mostly destroyed by 1913 fire.

Order Book 43

March Term 1909, Page 139

Grogg, Isaac

Lower, Nettie

Other Defendants Oliver P. Grogg, James M. Fink

Petition to construe will. Case 8345. Plaintiff dismisses the case.

Order Book 43

March Term 1909, Page 134, 145

Hadsell. I. S.

Provines, Frank et al

 

Case 8489. On note. Case is settled and dismissed. Page 145 same as page 134.

Order Book 43

May Term 1909 Page 554

Hall, Frank A.

Heffner, Joseph F.

 

Case 8557. Foreclosure of Mortgage. Case is dismissed

Order Book 43

December Term 1908, Page 71

Hamilton, James M.

Hamilton, C. L

 

Contact. Case is dismissed by the Plaintiff.

Order Book 43

March Term 1909, Page 137

Hanson, Elena H.

Kibble, Harry F.

 

Account Case 8294. Court finds that defendant owes $261.37 to plaintiff. Auburn Courier March 8, 1909: Judgment for $330 for plaintiff and foreclosure.

Order Book 43

March Term 1909, Page 142

Harris, Lewis R.

Garrett Ariel? #1357 Fraternal Order Eagles.

 

Account Case 8448

Auburn Courier

September 20, 1909

Harpster, Clarence C.

Lake Shore & Michigan Southern Railroad Co.

 

Clarence C. Harpster, by his attorneys Mountz & Brinkerhoff, of Garrett has brought suit in the Circuit Court against the Lake Shore & Michigan Southern Railroad Co for damages in the sum of $10,000 for personal injuries sustained.

The accident in which he as injured occurred on March 23, 1908, in Auburn. The plaintiff was a brakeman in the employ of the company at the time and was making a coupling of cars on a freight train. He was caught between two cards and inured permanently he says, about the head and other parts of the body.

Order Book 43

May Term 1909, Page 332

Hart, William

McCory, Drusilla

 

Mechanics Lien Case 8478.

Order Book 43

May Term 1909 Page 399

Hartzell, Lee J. Trustee

Shahun, Kaleb et al

Other defendant Sadie Shaun

 

Auburn Courier

Order Book 43

April 5, 1909

March Term 1909, Page 185, 223, 224

Haverstock, S. G.

Smith, Charles. N. et al

Other Defendants James J. Smith, Jeremiah Smith, James West, Otis West, Mina West, Corrintha Childers, unknown heirs of Daniel Keefer, deceased, Susanna Beck, Ida Belle Beck, Joseph Werley Beck and unknown heirs of Eliza Jane Hammon.

Quiet title. Judgment for the Plaintiff.

Most of document missing. Summons ordered for C. Childers? Pages 223, 224. good share of document destroyed by 1913 fire. "Since the commencement of this action the plaintiff Samuel G. Haverstock has sold and conveyed all his right title and interest in said R. E. to George King and it is ordered that said George King be and is hereby substituted as plaintiff in the place of Samuel G. Haverstock. Goes to court for trial. The mortgage executed on or about December 20, 1860 by Daniel Keefer and wife Catharine Keefer to Joseph Beck and recorded on February 4, 1861 in mortgage Record 3 page 368 is satisfied.

In Recorder’s Office Deed Book 77 Pages 468, 469 there is a Copy of Decree on Case 8464 it is decreed that the Plaintiff Samuel G. Haverstock now George King is he owner on fee simple of the East ½ of the Southwest ¼ of Section 22 in Township 35 North of range 14 East.

Order Book 43

December Term 1908, Page 13, 143, 148, May Term Page 351, 401, 454, 455, 456

Herrick, Daniel

Beams, Jack M.

 

Case 8468 On Note. Summons ordered for defendant. Page 143. Case continued. Case 148 no details. Page 351 Case continued. Page 401 Promissory Note. Page 454 and 455 Goes to a jury for trial. Page 456 Verdict was for the Plaintiff for $85.

Order Book 43

March Term 1909, Page 124

Hook, Charles et al

Baughman, Isaiah

Other Plaintiff Louisa, Hook

Injunction Case 8244 case is dismissed by Plaintiff.

Order Book 43

May Term 1909 Page 501

Horton, Anna Blanche

Nelson, John et al

 

Quiet Title Case 8591 Non residence of all defendants.

Order Book 43

May Term 1909 Page 427

Hunt, Harry et al

Thumma, E. B. et al

 

Case 8434 Writ.

Court trial. Plaintiff has not established evidence that the proposed audit of the books, papers and documents of the City of Garrett should take place in Garrett. At the clerk’s office. Court finds for the defendants.

Order Book 43

May Term 1909 Page 511

Jackson Lee & Co.

McInturf, Louis H.

 

Case 8593. Court finds for the Defendant.

Order Book 43

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

December Term 1908, 70, 125, March Term 1909 Page 196, 207, 214, 215, 217, 232, 233-240, 276, May Term 1909 Page 525

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

April 5, 1909

Jahanp Heating Co.

 

Some places the name is Jahant Heating Co.

Nusbaum, William

Other Defendant: Mary Nusbaum

Account and contract Case 8346 Defendants appear with Attorney Page 125 Defendant asks leave to file an amended answer. Page 196 Case continued. Page 207 defendant files for change of venue of judge. Page 214 Judge D.R. Best is appointed judge. Page 215 most of details destroyed by 1913 fire. Page 217 case continued. Pages 232, 233. Good part of the documents are destroyed by the 1913 fire. The jury verdict finds for the defendant. There follows interrogations and answers (again some are missing because of the 1913 fire) Page 276 Plaintiff files for a new trial. Court takes under advisement. Page 525 Cut finds for the Plaintiff on first paragraph in sum of $265 and costs and for the defendant on second paragraph.

 

In the case of the Jahanp Heating Company vs. Dr. W. H. Nusbaum and action brought to recover for the placing of a furnace in the post office building, owned by Dr. Nusbaum, which was on trial in the circuit court for two days, the Jury at 9:15 o’clock Wednesday night returned a verdict for the defendant. A long list of interrogations was submitted to the jury for answers. The plaintiff claims that these answers are favorable to himself and will ask the court for a judgment in his favor.

Auburn Courier

August 16, 1909

Jarrett, Frank

Zerkle, Uriah S.

 

Frank Jarrett vs. Uriah S. Zerkle is the title of a new case filed Tuesday. It is an effort to collect $125 on an alleged account said to e due Jarrett for board furnished Zerkle and work performed by the plaintiff.

Order Book 43

March Term 1909 Page 274

Kaufman Bros & Co.

Sommers, Thomas

 

Case 8519 Account Some of the document destroyed by the 1913 fire. Court decides that the Plaintiff is entitled to recover $75 and all costs.

Order Book 43

March Term 1909, Page 306

Keen, Wesley

Swinehart, Freeman

 

Good share of document destroyed by 1913 fire.

Order Book 43

December Term 1908, Page 86

Kees, Harry A.

Blair, Edwin D et al

Other Defendants Willis E. Blair, Oral Laird, Margaret C. Porter and Joseph Porter

Quiet Title. Most of document destroyed by 1913 fire. Notice published in Auburn Dispatch. Defendants are in default. Court finds that the Plaintiff is owner of West ½ of the Southeast 1/4 of section 15, Township 33 North of Range 14 East, except the part occupied by the Baltimore, Ohio and Chicago R. R. Co.

In Recorder’s Office Deed Book 78 Page 495 there is a deed for this land to the Plaintiff.

Order Book 43

May Term 1909 Page 324

Kelley, Alfred

Pearl, James W.

 

Attachment.

Order Book 43

March Term 1909, Page 152, May Term 1909 Page 474, 475

Kennedy, John H.

Wantz, Sarah A.

 

Mechanics Lien Motion supported by an affidavit by attorney with a certificate of Physician. Page 474 case continued. Case 8375(this may be a wrong number looks like. Case 8353). Case taken under advisement.

In Recorder’s Office Miscellaneous Book G the mechanics lien is recorded. It was on the West ½ of the Northwest ¼ of Section 16, Township 33 North, and Range 12 East a well as the dwelling house and improvements. It was for $863.70

Order Book 43

December Term 1908, Page 7

Kriebanus? Frederick

Bartewick, William et al

Other Defendants Kasper Hartung

On Note. Defendants are in default. Trial by jury waived and the Court finds that the plaintiff is entitled to recover $244.62 and all costs from the defendants. William Bartewick was the principal debtor and Kasper Hartung as endorser.

Order Book 43

June 14, 1909

Kromm, Curtis

Williams, Henry M.

 

A new case was filed in the DeKalb circuit court Friday morning, entitled Curtis Kromm vs. Henry M. Williams It is a suit on account venued from Allen County to DeKalb County. Emerick and Emerick are the attorneys for the plaintiff and S. M. Hench for the defendant.

Order Book 43

March Term 1909, Page 198

Kryler, ?

Groh, Lizzie

 

On Contract.

Auburn Courier

March 8, 1909

Kugler, August

Groh, Lizzie

 

To recover $57.50 on contract.

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order Book 43

April 15, 1909

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May Term 1909 Page 406, 407, 408

 

 

 

 

 

Kunderd, Mary Jane et al

Jessup, Ebenezer et al

Other Plaintiffs: Maggie Weingart, Eliza E. Harman, Wayne Zonker, Edward Zonker, Emma Zonker, William Zonker, Frederick G. Fried, Maggie Swogger, Clara Hovarter, Mary E. Groh

Other Defendants: Mrs. Ebenezer Jessup wife of defendant, President, directors and company of the Westchester County Bank of Peekskill, Westchester County, N. Y., Edward M. Morgan and wife, George Drowley and wife, Roderick Terry and wife, Lucius H. Terry and wife, Edward W. Terry and wife, Harrietta Terry and husband John, William B. Terry and wife, Charles T. Hillyer and wife Catharine, July Ann DeLong and husband John, William E. Brayton and wife, William H. Jones and wife, Job C. Smith and Wife, Samuel W. Sprott, Julia Ann and William Delong, Edmond Terry and wife, Frank Terry and wife, Richard Hines and wife. All descendants, heirs etc of the above, if deceased.

 

Quiet Title. And to release and discharge mortgage

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Most of the pages are destroyed by 1913 fire.

Order Book 43

May Term 1909 Page 509

Lanman John

Marvin, Fanny Ann et al

 

Quiet Title.

 

In Recorder’s Office there is a Case in the October Term of the Circuit Court. It is recorded in Deed Book 78 Pages 218 and 219. The land is the West ½ of the West ½ of the Southeast ¼ of Section 35 Township 33 North Range 13 East. A number of defendants who were previous owners are mentioned in the deed.

Order Book 43

May Term 1909 Page 500

Landes, Justin O.

Bice, Arthur et al

Other Defendants Susie Bice, Real Estate and Improvement Co of Baltimore City, Maryland, Charles H. Bloom

To enforce Lien. Case 8581

Order Book 43

March Term 1909 Page 284, May Term 1909 Page 320, 446

Leeson, James

Imler, Hattie et al

Other defendants: Thomas Edward Leeson, Eva Leeson and John Leeson Irvin Imler

Case 8530 For Partition of Real Estate. Non-residency of Evan and John Leeson. Page 320 Attorney appears for defendants. Page 446 case continued.

Order Book 43

May Term 1909 Page 500

Livergood, Alvin A.

DeWitt, Thomas H. et al

Andrews J. Countryman

On Note Case 8582. Case is dismissed without prejudice.

Waterloo Press

February 11, 1909

Long, Anna T

Bowersox, Judge

 

In the suit of Mrs. Anna T. Long against Judge Bowersox for alleged damages in the sum of $7,063.30 heard in common pleas court, Saturday, Judge Killite found in favor of Bowersox and sustained his general demurrer to the petition of Mrs. Long

The court declared that Anna Long had no reason to complain that her former attorney, Judge Bowersox, had not given her information, which he acquired because of his professional connection with the will of Parker Long. In his decision the court said"

"His duty to keep these facts to himself and in refrain from using them in any way adverse to the fruition of Parker’s testamentary desires was superior to any duty he owed his later client, the plaintiff."

The court also held that each of the three cases for action set up in the plaintiff’s petition were subject to a general demurrer and that each cause, also, should have been more definitely stated. Plaintiff was given permission to file an amended petition within 30 days.

Three other demurrers against Mrs. Long were also sustained. From the Edgerton Earth.

Order Book 43

March Term 1909, Page 149

Long, J. Perry

Methodist Protestant Church of Altoona, DeKalb Co.

Other defendants. Geo. A. Adams, James Veazey, John Mattert, Cliff Walter, Louis Beurt? The above were the Board of Trustees of the Methodist Protestant Church of Altoona, DeKalb County

Foreclosure of Mechanics Lien.

Order Book 43

May Term 1909 Page 457

Loud, A. Nelson, et al

Goodwin, Samuel L. et al

Other Plaintiffs George A. Loud, Edward F. Oud, Other defendants Joseph A. Miller and Alvin A. Goodwin

Case 8415 Replevin. Plaintiffs dismiss the case and the Plaintiff is ordered to return property described in complaint to defendants.

Order Book 43

May Term 1909 Page 457

Madden, Alpheus W. et al

Guilford, Maria L.

Other Plaintiff Roxy A. Smith

Case 8562. Attorneys appear for the defendant.

Order Book 43

May Term 1909 Page 455,

Madden, Alpheus W.

Hosler, Lydia M.

Other Plaintiff Roxy A. Smith, Other Defendant Irvin W. Hosler

Case 8561 Foreclosure of Mortgage. Defendant in default. Goes to Court for trial. Plaintiff to recover $245 from defendants and mortgage to be foreclosed.

Order Book 43

March Term 1909 Page 272

Mary Blanc & Co.

Sommers, Thomas

 

Account $28.50 Court decrees that Plaintiff is due the amount stated.

Order Book 43

December Term 1908 Page 85, March Term 1909 Page 127, 190, 191

Mason, Thomas

Luttman, Eli H.

Other Defendants: Perry A .Foote? Francis M. Wiltrout, Effie Geisinger, Milo J. Thomas and Libbie Luttman. Mary A. Deeters

Foreclosure of Mortgage Case 8445 Page 127 Case continued. Page 190, 191. Good share of pages destroyed by the 1913 fire. Mary A. Deeters has a line on the real estate for $263.15. The Plaintiff is entitled to $372. from Eli H. Luttman. Court appoints Milo J. Thomas authorizing hi to take charge of the property commencing at the Southwest corner of lot 3 in McMillan’s first addition to the town of Corunna.

Order Book 143

December Term 1908, Page 143

McClellan James Y. W.

Townley, Egbert .

 

Promissory Note. Defendant in default. Court finds for the Plaintiff and is to recover $154.66 from the defendant.

Order Book 43

March Term 1909, Page 151, 188

McNabb, William C.

Dilgard, James, E. et al

Other defendant: Carl C. Dilgard

Account Page 188 Court finds for the defendant James (Jonas?) Dilgard. Court finds for the Plaintiff that Carl W. Dilgard owes him $68.60.

Auburn Courier

August 16, 1909

Meek, Charles

Hallett, George et al

Other Defendant Nine B. Hallett

Charles Meek vs. George Hallett and Ina B. Hallet case was given an airing in the court Friday. The proceedings is a result of certain difficulty arising over the rental of some land. While the evidence was finished, no decision has been reached by Judge Powers Tuesday Night.

Order Book 43

May Term 1909 Page 355, 398, 469

Merrell Company

Curie, William

 

Account Case 8450 Page 398 case continued. Page 469 Case continued.

Order Book 43

May Term 1909 Page 426, 427

Miller, Elizabeth E

Shellhouse, Henry Et al

Other Plaintiff Ida E. Borst, Other defendant: George R. Shellhouse

Promissory Note Attorney withdraws his appearance for George R. Shellhouse. Plaintiff shows that Henry Shellhouse has departed this life. And George R. Shellhouse is in default. Court trial finds that the Elizabeth Miller, Ida E. Borst and Charles O. Borst, executor have and recover from George R. Shellhouse $460,

Order Book 43

March Term 1909, Page 202, May Term Page 340

Miller, George A.

Miller, Albert DeForest

 

Conversion. F. M Powers appointed judge of this cause. Page 340 Plaintiff dismisses this cause.

Order Book 43

May Term 1909 Page 363, 541, 542

Miller, Manuel

Fleet, William et al

Other Defendants. Alfred Kelley, Charles Kelley, third, Samantha Beard, Willard Fee, Herbert Fee, Mary M. Kelley, Elizabeth Lochamier, Daniel Lochamier, Josephine S. Swartz, Tarning Swartz

Case 8551 Quiet of Title. Page 541 Defendants in default. Court decrees that plaintiff is the owner of the R.E. The mortgages are fully paid and should be released. Infancy of Edson Fee, Martha Fee, Attie Fee and Phoebe Fee being suggested, Hubert E. Hartman is appointed guardian ad litum. Estate of Charles Kelley mentioned.

In Recorder’s Office Deed Book 78 Pages 549, 550, 551 this Deed is Recorded and all Defendants are mentioned, Since it is a quiet title, the Defendants were previous owners of the land or descendents of the previous owners. The mortgage executed April 21, 1856 by James and Catharine Richey to Joshua Kelley for $550 and recorded in Mortgage Record Book 2 Page 418 is quieted. And the mortgage executed September 21, 1860 by James Richey to Joshua Kelley for $400 and recorded in mortgage book 3 pages 400 is quieted.

Order Book 43

May Term 1909 Page 411, 423, 435, 446, 452, 453, 464

Moellering, William F. et al

Costin, Dennis A. et al

Bridinger, Harry

Case 8559 Sheriff files petition for authority to make immediate sale of personal property and to hold the proceeds subject to a final judgment. Court grants permission for sale. Page 423 George L. Hurni appears by E. Franz his attorney and files a complaint affidavit. Page 435 Case continued. Page 446 Most of document destroyed by 1913 fire. Pages 452, 453 case continued. Page 464 Case continued.

Order Book 43

May Term 1909 Page 454

Moor, George W.

Fee, Martha E. et al

Other defendant John Fee

On Note Cause is dismissed at cost of Plaintiff. Case 8560

Order Book 43

March Term 1909, Page 186, May Term 1909 Page 325, 417

Mosher Safe Co.

Parker, Charles M.

 

Replevin. Page 325 case continued. Page 417 Case 8499 Goes to jury trial. Plaintiff asks leave to dismiss the cause and leave is granted by the court. Plaintiff to pay all costs.

Order Book 43

December Term 1908, Page 15

Murphy, Catherine E. et al

Kees, Lydia A. et al

 

Partition Commissioner’s report. Sold R.E. for $1,000. Paid out $83.10 in costs leaving a balance of $916.90. Distributed to Lydia A. Kees $305.63 ½, Harriett . Warrett $305.63 ½ Catharine E. Murphy $152.81 2/3, Samantha Gillingham $152.812/3

In Recorder’s Office Deed Book 77 Page 85 there is a Commissioners Deed for this transaction. Land is conveyed to Harriet Warrett of Richland County, in the State of Indiana for the sum of $1,000 the Southwest ¼ of Section 15 in Township 33 North of Range 14 East. (A fuller description is included in the deed). Evidently the land is in the town of St. Joe.

Order Book 43

March Term 1909 Page 274, 283

Murrell Company

Curie, William

 

Case 8450 Account Case continued. Page 283 Case continued.

Order Book 43

December Term 1908 Page 67, May Term 1909 Page 524

Myers, Guy by his next friend George Myers

Lake Shore & Michigan Southern Railway Co.

 

Damages Defendant now files a motion for a new trial. Case 8262. Judgment on verdict for $1,000 and interest at 6% from January 22, 1909. Defendant prays an appeal to the appellate Court. Bond fixed at $1500

Order Book 43

May Term 1909 Page 347, 366. 482

Meyer, Jacob et al

Shutt, Elmer et al

Other Plaintiff David Rich, Other Defendant Mary A Shutt. J. D. Leighty as Commissioner to sell Real Estate, Charles A. Jenkins.

On judgment and garnishment. Page 366 Jacob Leighty files as Garnishee defendant. Page 482 Warren A. Austin, Clerk of DeKalb Circuit Court, successor of Charles A. Jenkins files answer. He has $6912 belonging to Elmer Shutt ($17.83 in proceeds of personal property, $51.29 proceeds of sale of R. E.) Case goes to court for trial. (Further info is recorded on the amounts due plaintiff and some defendants)

Auburn Courier

August 16, 1909

National Casket Co.

Hinklin, Howard A.

 

The National Casket Co has commenced action in the circuit court in an effort to secure payment on an alleged account due them from Howard A. Hinklin. The company asks judgment in the sum of $169.57.

Order Book 43

May Term 1909 Page 328

Noint, George

Spangler, William W

 

Conversion on Contract.

 

Order Book 43

 

March Term 1909 Page 264, 392

 

Noble County Bank

 

LeRoy, James, et al

 

 

Case 8525 Foreclosure of mortgage. Page 392 Case continued.

Order Book 43

March Term 1909, Page 142

Ober, John Et al

Baker, Ross W.

 

Case 8484. Written dismissal-court dismisses the case. This was a suit on account and landlord’s lien.

Order Book 43

March Term 1909, Page 147

Paul, Henry? M.

Wabash Railway Co.

 

Damages. Case 8387.

Auburn Courier

March 11, 1909

Pearl, James W.

Kelly Alfred

 

Notice to non-resident For affidavit in attachment.

Order Book 43

May Term 1909 Page 394

Perry, Silas

Straus, Daniel W.

 

On Note $300. Most of document destroyed by 1913 fire.

Order Book 43

March Term 1909, Page 283

Petition for Drain

Albright, Frank

 

 

Order Book 43

March Term 1909, Page 134, 293, May Term 1909 Page 322, 338, 347, 363, 490

Petition for a Drain

City of Garrett

 

Page 293 Case 8080 Page 322 March entry to be set aside and new entry for May Term. Page 347 Case continued. Page 490 most of document destroyed.

Order Book 43

December Term 1908, Page 71, 89, 166, 167

Petition for a Drain

Collins, George B.

 

Drain. Simon Hamman is the Superintendent of Construction for the Drain. Pages 166, 167 Simon Hamman files a report of expenditures and payment. Part of the document is destroyed by the 1913 fire.

Order Book 43

March Term 1909, Page 124, 162, 168, May Term 1909 Page 503, 504, 505, 506, 508, 509, 511, 512 There are more pages with no details.

Petition for a Drain

Ginder Frederick et al

 

Case 8205 names of some of the remonstrators Lydia Swaysgood, Gertrude M. Metcalf, Frank and Edna Wilson Pages 508, 509 no details. Page 511 no details Page 512 no details.

Order Book 43

December Term 1908, Page 10, May Term 1909 Page 430

Petition for a Drain

Gunsenhouser, Jacob et al

 

Drain Case 8271 Page 430 payment of $40 to be paid to the Superintendent of construction.

Order Book 43

December Term 1908, Page 64, 154, March Term 1909, Page 250, 279, 385, May Term 1909 Page 403

Petition for a Drain

Guthrie, Henry et al

 

Case 8446. Case 403. A. N. Thursh files bond for $1,000 as Superintendant of Construction with Joseph Pepple and J. H. Rose as sureties.

Order Book 43

March Term 1909 Page 293

Petition for a Drain

Haynes, Edward F et al

 

Cause is dismissed Case 8170

Order Book 43

December Term 1908, page 24

Petition for a Drain

Hoefelder, John et al

 

 

Order Book 43

December Term 1908, Page 6, 133, 162, March Term 1909 Page 285, 286

Petition for a Drain

Metcalf, David W. et al

 

Case 7660. Page 285, 286 Part of document destroyed by 1913 fire.

Order book 43

March Term 1909, Page 124, 168, 275, May Term 1909 Page 322, 366

Petition for a Drain

Miller, William C. et al

 

Case 8208 Lake Shore and Michigan Southern R. R. Co. dismiss their remonstrance filed on 11th day of this term. Page 322 No objections have been filed. Charles Arford is appointed Superintendent of construction. Page 366 Charles Arford files his bond.

Order Book 43

March Term 1909, Page 248, 250, May Term 1909 Page 419, 420

Petition for a Drain

Myers, Frank P.

 

Case 8058 Since the filing of this action. Oliver J. Camp has departed this life. Jesse Camp is executor and J. Camp, Ethel Camp Judson and Eva Miller substituted for Oliver J. Camp. Motion for a new trial denied. J. N. Cox appointed as Superintendent of Construction. Page 250 J. N. Cox files bond ($1,000) with James M. Triplett and Charles Kirkland as sureties.

Order Book 43

December Term 1908, Page 84, 147 March Term 1909, Page 250, May Term 1909 Page 521

Petition for Drain

Moore, Aaron. D. et al

 

Case 7779

Order Book 43

March Term 1909, Page 125, 160, 182, 288

Petition for Drain

Nelson, Lemuel

 

Case 8264

Order Book 43

March Term 1909, Page 122, 155, 172, 277, 287, 363. 364, 380

Petition for Drain

Peckhart, William J. et al

 

Page 277 Case 7919 William J. Peckhart appointed Superintendent of Construction with a bond at $1,000. Page 287 William J. Peckhart fines a bond as superintendent of Construction. Pages 363 and 364 mostly destroyed by 1913 fire. Page 380 Case continued.

Order Book 43

March Term 1909, Page 123, 261, May Term 1909 Page 429

Petition for Drain

Skelton, George et al

 

Edward Hinkle appointed superintendent of construction. With $1,200 bond with Daniel McClelland and Jacob H. Smith as sureties. Page 429 Payment of $40 to J. E. Pomeroy as Attorney.

Order Book 43

March Term 1909, Page 126, 151, 211, 293

Petition for Drain

Teutsch, Almira et al

 

Frank Creager appointed third drainage commissioner. Page 211 time extended due to sickness of one of the drainage commissioners. Page 293 Lake Shore and Michigan Southern R. R. Co files a remonstrance.

Order Book 43

March Term 1909, Page 279, 282, 283

Petition for Drain

Yarde, Frank et al

 

Mathias Fitch is one of the remonstrators. Case 8075. Page 282 Case continued.

Order Book 43

March Term 1909, Page 286

Petition for Drain

Wise, Edgar S. et al

 

Case 7680 Engineer to inspect the drain.

Order Book 43

December Term 1908, Page 22, 125, 170, 171, March Term 1909, Page 269

Petition for a Drain

Zurbaugg, Wm et al

 

Drain Case 8332 Page 170, 171 No details. Page 269 Payment made by the Superintendant of Construction.

Order Book 43

March Term 1909, Page 138

Pictorial Review Co.

Willis, Marion

 

Account. Defendant in default. Court finds for Plaintiff. Defendant owes $115 plus costs.

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order Book 43

March 4, 1909

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May Term 1909 Page 320, 321

Powers, Frank M. et al

Beck, Wesley et al

Other Plaintiffs, Cyrus Cline. Other Defendants: Mary Beck Cronin and husband, Freeman Hamilton, Ida Beck McDonald and husband, Leona Hammon, Dennis Hammon, John Cronn, whose true christen name is unknown,

Quiet Title The defendants are non-residents. Notification published in the Auburn Courier. Land is in Section 16, Township 35 north Range 14 East, Smithfield Township.

 

 

 

 

 

 

Quiet Title Notice to non-residents: Court finds that defendants Wesley Beck, Mary Beck Cronin, John Cronin, Freeman Hammon, Ida Beck McDonald, George McDonald, Leona Hammon and Dessie Hammon have been duly notified by notice in the Auburn Courier March 4, 11, 18 and 25th 1909. Good share of document destroyed by 1913 fire.

Order Book 43

March Term 1909, Page 140

R. Brand Co.

Sommers, Thomas

 

Case 8433. Account. Court finds that the Plaintiff is to recover from the defendant $129.25.

Order Book 43

May Term 1909 Page 448, 455, 461, 470

Raber and Lang Manufacturing Co

St. Joseph Valley Ry Co

 

Case 8541 Page 455 defendant files for a postponement. Page 461 Cross complaint filed by defendant against Raber Lang and Wiltrout doing business as Raber Lang Wiltrout Lang Mf. Co. Page 470 Plaintiffs and defendants Oliver P. Raber, Ralph L. Raber, John E. Long, Francis M. Wiltrout appears by D. M. Link to Cross Complaint of Defendant.

Order Book 43

May Term 1909 Page 432

Reiniger, Charles

Ludwig, Goldie et al

Other Defendant: Thomas L. Ludwig.

On Note Page 8555. Goldie Ludwig is in Allen County, Indiana and a writ is ordered to the Sheriff of Allen County, IN for the defendant.

Order Book 43

December Term 1908, Page 84, March Term 1909, Page 135, 202

Reiter, Anna

Federal Life Insurance Co.

 

To recover life insurance. Case 8222. Page 202 Cause settled according to written stipulations made between parties. Case dismissed.

Auburn Courier

 

Order Book 43

April 5, 1909

 

March Term 1909 Page 220

Reynolds, Melvin. E. et al

Hartman, Levi

Other Plaintiffs Walter T. Reynolds, Frank G. Reynolds.

Suit on Account. Judgment in the sum of $214.40.

 

Court trial grants judgment to the Plaintiffs.

Order Book 43

December Term 1908 Page 68

Rickey, Druzella

Dennison, Amanda et al

 

Partition. Part of document destroyed by fire. Distribution of funds for real estate sold. Received from Harriet M. Gerner Principal $902.00 interest of $75.89, Frank Gerner $6300 in principal and interest of $60.80. Crop Rents and interest $130.37. Total Receipts $7469.06. Paid James Haynes for labor on Circuit Court $16.30, Taxes to County Treasurer $18.51; Frank Myers Labor on Corn Crib $4.20; Reuben Puglsey on settlement for possession $30. Tax to Co. Treasurer $29.45, Miser and Showalter Appraisers $2.00; Abstract for farm $10.; Recording Mortgage $1.; Postage and Register letters $2.50’ Insurance Assessment .66; Recording Mtg on farm $1.; advertising sale .50 Court costs $41.; Postage and Exchange $1.50 Theodore Eberly acct and labor $2.50 rest is missing.

Order Book 43

December Term 1908, Page 99, 189, May Term 1909 Page 325

Robert Hixon Lumber Co.

Trumple, Peter

Other Defendants: Minnie Trumple, Karl Moyer (or Mayer) and J Moyer

Good share of document destroyed. Note & Mortgage. Case 8512 Page 325 Cause is settled and dismissed.

Order Book 43

March Term 1909, Page 201

Ross, David and Cora

Francis, Nathaniel

 

Account case 8278

Order Book 43

March Term 1909 Page 284 May Term 1909 Page 325

Ruggs, John

Baltimore & Ohio R. R. Co.

 

Case 8524 Damages. Page 325 case continued.

Order Book 43

 

 

 

 

 

 

 

 

Auburn Courier

May Term 1909 Page 466, 469, 478, 485, 498

 

 

 

 

 

July 12, 1909

Russ Company et al

McInturf, Louis H. et al

Other Plaintiffs: Bordan and Co, Pague Miller & Co., Don Snell Company, Keester Milling Co, Heit Miller L Company, Becker Paper Co, George C. Wetherbee Co., C. Ach and ? Co, Perfection Biscuit Co., Other defendants Marion Daniels

Case 8572 Petition for Receiver. Page 469 Attorney appears for Louis H. McInturf. Page 478 Case continued. Page 485 Case continued. Page 498 Case continued.

 

 

 

Creditors of Butler Grocer Firm Make a Request for a Receiver.

Suit has been brought in this circuit court by The Russ Company et al and the Bursley company et al asking for the appointment of a receiver to adjust the business of Louis H. McIntosh and Marion Dannells partners engaged in business at Butler as grocers. The indebtedness filed aggregates over $800

Order Book 43

March Term 1909 Page 152

Satterfield, Lydia

Bogust?, Frank

 

Account Case dismissed for lack of prosecution.

Order Book 43

March Term 1909, Page 208

Saylor, Orrin F. et al

Topper, Simons

Other Plaintiffs William H. Saylor, Calvin Saylor, Susan Stafford et al

Ejectment and quiet title.

Auburn Courier

 

 

Order Book 43

April 5, 1909

 

 

March Term 1909, Page 250, May Term 1909 Page 463

Schulthess, George et al

Feagler, Lester

Other Plaintiff: John Hathaway

For damages for the conversion to the latter’s use of seventy-five cords of wood.

Case 8493 Case continued. Page 463 Plaintiff files affidavit and motion for a continuance of this cause.

 

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order Book 43

 

February 25, 1909

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

March Term 1909, Page 146, 160, 243

 

Schulthess, George

 

United States Fidelity and Guaranty Co.

 

 

To recover $1,000. Previously Mr. Shulthess had secured a judgment against the Toledo and Chicago interurban Co of $1,000. From this judgment the interurban co appealed to the supreme court, giving as security the United States Fidelity and Guaranty Co. The interurban failed to perfect is appeal. Now the plaintiff brings suit against it to recover the amount of judgment and costs.

Case 8493. On contract. Page 160 Case continued. Page 243 Case continued.

Order Book 43

May Term 1909 Page 401

Searfoss, Charles

Piper, Oliver

 

Case 8483 Appeal dismissed.

Order book 43

March Term 1909, Page 135

Searfoss, Charles

Reyher, John et al

Other Defendant: Brickbill? John

Mechanics Lien. Case 8265 Case dismissed as to John Brickbill and Charles Linkenhlet. Court finds that John Reyher owes Plaintiff $330 and is entitled to foreclose the mechanics lien.

Order Book 43

May Term 1909 Page 466, 473

Seiler, Frank P. Admr of the Estate of John Gardner, Dec.

Gardiner, Albert W.

 

For conversion of Property Page 473 Attorney appear for plaintiff..

Order Book 43

March Term 1909, Page 185

Shamp, Joel O. et al

Fisher, Solomon

 

Case 8500. Account. Court finds for the plaintiff that he is to recover $219.75 from defendant.

Order Book

43

 

 

 

 

 

 

Waterloo Press

March Term 1909, Page 126

 

 

 

 

 

 

March 11, 1909

Shank, Fred J.

Noragon, Lee

 

Defendant asks the court to dismiss the cause for failure on part of the plaintiff to comply with the order of the court to furnish a cost bond. Case dismissed at Plaintiff’s expense.

The case of Tedd? Shank vs. Lee Noragan was dismissed for Shank failed to meet the requirements of the court in giving a cost bond.

Order Book 43

December Term 1908, Page 79, 80

Sharpless, Willard N.

Johnson, Jacob

 

Before Esq C. C. Becher, Complaint on a note that was signed on January 8, 1906. for $40. at Garrett Indiana. (Garrett Banking Co.) Balance on note $38.60 plus costs.

Waterloo Press

January 21, 1909

Shepard, Fred W.

Baker Peat Moss Co.

 

Case dismissed. Defendant paying costs.

Order Book 43

March Term 1909, Page 149, 155, May Term 1909 Page 435

Sherman, Walter

Wayne Hotel Co.

Other Defendants Asa M. Tyler, Ebenzer C. Tyler, Douglas McCague

Case 8499. Page 155 case continued. Page 435 Cause is dismissed by Plaintiff.

Order Book 43

March Term 1909 Page 178-180

Shields, Zora Bennett

Craig, Joseph et al

 

Quiet Title, Pages have missing data due to the 1913 fire.

Order Book

43

 

 

 

 

 

 

Waterloo Press

December Term 1908 Page 66, March Term 1909 Page 295, 298

 

 

 

May 13, 1909

Shoner, George

Slaybaugh, H. H.

Other Defendants Emory Shook, Auditor

Change of venue t the Whitley and Noble County Circuit Court. Judge Luke H. Wrigley Judge of the Whitley Court appointed to preside over the case. Page 295 Injunction Cause is submitted for trial and court is adjourned until April 19, 1909 Page 298 case continued. Case 8298

Geo. Shoner, of Waterloo, paid to the county treasurer on Monday $994.90, the amount of back taxes as put on the tax duplicate by the tax ferrets. A week ago the suit brought by Mr. Shoner to enjoin the treasurer and auditor form collecting the taxes was dismissed owing to a faulty complaint. Instead of filing a new complaint the plaintiff pad the amount of taxes and drops the litigation.

Order Book 43

May Term 1909 Page 432

Shook, Emory A.

Bishop, Henry et al

 

Quiet Title case 8566. Notice of action in the Auburn Courier.

Order Book 43

March Term 1909, Page 186

Shuman, Walter

Wayne Hotel Co. et al

Other Defendants: Asa M. Tyler, (Might be Taylor) Ebenezer C. Tyler

Damages.

Order Book 43

May Term 1909 Page 369-379, 423-425

Shutt, Barbara Etta substitute for Daniel Shutt

Shutt, Laura et al

 

Partition Case 7701. The sad part of this is that most of the document is destroyed by the 1913 fire. Evidently this document did have a lot of valuable information-on the final report. Page 423 final report and final distribution. (mostly destroyed by 1931 fire)

Order Book 43

March Term 1909, Page 225

Sorg, Henry

Fort Wayne and Springfield R. R Co.

 

Damages Case 8253.

Order Book 43

May Term 1909 Page 517

Spindler, George J.

Grimes, Nancy L. et al

Other defendant William L. Grimes

Case 8591 Foreclosure of Mechanics Line. The Plaintiff dismisses cause.

Order Book 43

March Term 1909, Page 127, 198

State of Indiana in the relation of Pearly M. Hendricks

Hendricks, Emanuel et al

Other Defendants Simon Wineland, Melvin T. Bishop

Case 8436. Page 198
Case continued.

Order Book 43

 

 

 

 

 

 

 

 

 

 

 

 

 

Auburn Courier

May Term 1909 Page 436, 437, 438, 460

 

 

 

 

 

 

 

 

 

 

 

Thursday July 1, 1909

State of Indiana on the relation of Pearly M. Provines

Hendricks, Emanuel et al

Other defendants Simon Wineland, Melvin T. Bishop

Suit on guardian bond. submitted to court for trail. Jury empanelled. Page 437 Evidence continued. Page 438 Most of document destroyed by fire. Jury did find for the Plaintiff in the amount of $500. Page 460 Plaintiff to recover $500 from the defendants.

In The DeKalb circuit court Saturday, the case of Pearly M. Provines vs. her father, Emanuel Hendricks, occupied the attention of the court and jury. The action is one, which the daughter brings to recover money, which she alleges her father misappropriated and which he had in his charge as her guardian during her minor years.

Another article on same page

Saturday evening after being out from 1:30 p.m. until 7:10 p.m. the jury in the case of Pearly M. Provines vs. Emanuel Hendricks brought in a verdict of $500 for the Plaintiff. The action was one to compel Hendricks as guardian to render an account of an estate left his daughter, the plaintiff in the case.

Order Book 43

March Term 1909, Page 12, 153

State of Indiana on the Petition of Harry Hunt

Thumma, E. B. et al

Other defendant William Watson

Case 8343 Writ of Mandamus. Page 152 Defendant E. B. Thumma files affidavit for continuance due to the sickness of the defendant William Watson and files a certificate and affidavit of Doctor Thompson.

Order Book 43

March Term 1909 Page 154, 185, 249, May Term 1909 Page 393

Swanger, Thomas J.

Rose, Ebenezer B et al

Other Defendants Catharine Rose, Elmer P. Rose

Case 8463 To recover Judgment Notice in the DeKalb County Herald. Page 249 Defendant admits assignment of notes. Page 393 Case continued.

Order Book 43

May Term 1909, Page 322

Thompson, Edith

Thompson, Jay W.

 

Case 8730 To modify decree.

Order Book 43

May Term 1909 Page 433, 536

Thomas, Frederick et al

Robinson, Washington

Other Plaintiff: Blanche Thomas.

Case 8568 Notice published in the DeKalb County Herald. Page 536 Court finds for the plaintiffs.

Order Book 43

March Term 1909, Page 246, May Term 1909 Page 388

Thomas, Wm. S.

Hathaway, William et al

Other defendant: Miles Hathaway

Judgment Court takes under advisement. Page 388 Court finds for the plaintiff and he is to recover $167.67 Plus costs.

Auburn Courier,

February 22, 1909

Union Central Life Insurance Co.

Provines, Frank A.

 

On a note of $2,500. It is to foreclose a mortgage

Auburn Courier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order Book 43

Monday, February 22, 1909

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

April 5, 1909

 

 

 

 

 

 

 

 

 

 

 

March Term 1909, Page 217 May Term Page 338

Walley, William

Walley, James C. et al

Other Defendants: Joseph R. Walley, Christian and Olive Fetter, and Burl Moughler

William Walley, who is a resident of Williams County, O by his attorneys, E. R. Dunten of Butler and Powers & Yeagley of Angola has begun suit in the DeKalb circuit court against James C. and Joseph R. Walley, Christian and Olive Fetter, and Burl Moughler of this county for damages in the sum of $3,000.

The plaintiff William Walley owns a farm in Williams County, O adjoining the Ohio Indiana state line. The defendants own farms in DeKalb County, Indiana, also adjoining the said state line. On the defendant’s petition a ditch was constructed to drain their lands. It threw the water over onto the plaintiff’s lands making it unfit for farming purposes and damaging it, he says in the amount of $3,000

Tuesday Attorneys J. E. and J. H. Rose and W. F. McNagny of Columbia City, appeared for Joseph Wiley, James Wiley, Chris Fetters and Burl Moughler in the damage suit begun by William Walley of Edgerton.

Damages case 8492. Page 338 Case continued.

Order Book 43

March Term 1909, Page 138

Ward, Thomas

Baltimore and Ohio R. R. Co.

 

Damages

Order Book 43

 

 

 

Auburn Courier

March Term 1909, Page 284, May Term Page 326

April 22, 1909

Weicht, Violet

Weicht, George et al

Other Defendant: John Weicht.

Summons issued for defendants. Case 8531 Page 326 Case continued.

Violet Weicht has begun an action in the circuit court against George and John Weicht to cancel a deed.

Order Book 43

March Term 1909, Page 135

Western Construction Co.

Tarney, O. W. et al

Other Defendant: Annie L. Tarney

Case 8194. Costs paid and cause dismissed.

Auburn Courier

May 27, 1909

Wickwire, Thomas S.

Wabash Railroad Co

 

The case of Thomas S. Wickwire against the Wabash Railroad company, for damages has been venued from the Steuben Circuit court to the circuit court of this county.

Order Book 43

March Term 1909, Page 140, May Term Page 355

Whirledge, James A.

Baltimore and Ohio R.R. Co.

 

Case 8429. Complaint on Contract Page 355 Case continued.

Auburn Courier

August 16, 1909

White, Edward

Lake, J. H. et al

 

The collection case, entitled Edward White vs. J. H. Lake and others has been dismissed.

Order Book 43

May Term 1909

Wickwire, T. S.

Wabash R. R. Co.

 

Case 8549 Attorney appears for Plaintiff.

Order Book 43

 

 

 

 

 

Auburn Courier

May Term 1909 Page 551

 

 

 

 

September 9,1909

Witt, Henry et al

Brown, Mathew et al

Other Plaintiffs: Rosa A. Witt. Defendants: Matthew Brown if he is living and if dead the unknown heirs, etc. Thomas H. Sportt, Rhoda Whitcum, Sara A. Brown and Rachael McInturf.

Case 8576. Quiet of title and sell read estate to pay off Liens. Defendants are in default. Real Estate ordered to be sold.

Legal Notice for the sale of R.E. The southeast ¼ of the Southwest ¼ of Section 35, Township 34 north of range 13 East excepting 10 acres off the North side of said tract. Such sale will be made subject to liens.

In Recorder’s Office there is a Commissioners Deed in Deed Book 78 Page 264 for this sale. Sold to Henry and Rosa Witt for $700.

 

 

Order Book 43

 

 

March Term 1909, Page 247, 259

 

 

Wolf, Ella

 

 

Walker, Orlo W. et al

 

 

Other Defendant Nellie M. Walker

 

 

Edgar W. Athinison? appointed receiver and he is to take chare of Lot 2 in Rich and Cadys addition to the town of Altoona. Page 259 Receiver to take charge of property and collect the rent and pay insurance and taxes.