Complaints and Partitions (Circuit Court)

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

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.

Book

Pages

Plaintiff

Defendant

Other names mentioned

Miscellaneous Information

Land Involved

Complete Record 1906 Book 11

Pages 9-10 March 5, 1906 See below for further info.

Aldrich, Margaret

Worth Sudie? Et al

Other Defendants: Agnes Grenamyre, Jesse Grenamyre, Casisus Worth, Katy Worth, Eva McClaren (also spelled McMarlen), Charles McClaren (McMarlen), Roy R. Worth

Notice to Non-residents Sudie Worth, Agnes and Jesse Grenamyre, Cassius And Katy Worth, Eva and Charles McClaren and Roy R. Worth. Published in the Auburn Dispatch March 22, 1906.

Quiet title; Plaintiff claims ownership to Lot 63 in Danforth’s addition to the city of Butler, except 6 feet at the west side thereof. Each of the defendants claims some interest in the same.

Complete Record 1906 Book 11

Pages 75-76 May 21, 1906 See above for previous information.

Aldrich, Margaret

Worth, Sudie Et al

Other Defendants: Agnes Grenamyre, Jesse Grenamyre, Worth, Cassius, Worth, Katy Worth, Eva McMarlen, Charles McMarlen, Roy R. Worth

Notice of action filed in the Auburn Dispatch March 22, 1906. Defendants three times called and are in default.

Plaintiff claims and asks ownership be quieted on Lot 63, in Danforth’s addition to the Town of Butler, excepting 6 ft off of the Eastside.

Complete Record 1906 Book 11

Pages 52-63

Ames, Harmon

Ocker, Hannah et al

Other Defendants: Mary Ann Skelton, American University of Harriman (Tennessee) James Colgrove, deceased and his unknown heirs

Mortgage was not released on Mortgage of J. T. Sheldon and T. J. Sheldon to James Colgrove on July 8, 1859. Abraham Ocker was the owner when he died in February 1878. Hannah Ocker was his sole heir. If she were to marry then ownership would go to Harman (Harrison?) and Mary Ann Ames (his nephew and niece,) See Will Book 2 & 3, Pages 6, 7.

Quiet Title. Plaintiff claims ownership subject to the life estate of Hannah Ocker, of a part of the Northwest ¼ of Section 1 in Township 34 North, Ranges 14 East. (Description follows in the Complaint)

Order Book May 1900-March 1905

Pages 288-291 May 19, 1902

Ashelman, Christopher

Ingersole, Mathew

Other Defendants (and the unknown heirs of Mathew Ingersole,) Mathias Cadwelleder and the unknown heirs of Mathias Cadwelleder deceased and Mathias Caldwell deceased

Notice to Non-residents published in the Auburn Courier. June 3, 1902

To quiet title to the: East ½ of the Northeast ¼ of Section 28 in Township 34 North of Range 13 East. Also the North ¼ of the Southwest ¼ of Section 28.

Order Book May 1900-March 1905

Pages 37-60

Bailey, Amy

Bailey, John C.

Robert Bailey, Dora DePew, John C. Bailey, Alexander Freeman, Samuel Lige, Clarence Freeman, Inez Freeman, Amy Freeman, Edward Freeman, Louis Freeman, Roscoe Freeman, Margaret Freeman, Alda Griffin, Walter Lige, Joseph Lige, Etta Stoops, Warren Lige, Ray Lige, Clara Lige, Marcus Bailey, Rose Hazlett, Marvin Bailey and Arthur Bailey Harrison Bailey, Anne Hilkey, Lucy Farver, Cora Bailey, A few names difficult to read.

F. L. Welsheimer is guardian ad litem for: Clarence Freeman, Inez, Freeman, Anna Freeman, Edward Freeman, Lewis Freeman, Roscoe Freeman, Margaret Freeman, Alda Griffin, Walter Lige, Joseph Lige, Etta Stoops, Warren Lige, Roy Lige, Clara Lige, Rosa Hazlet, Marion Bailey, Arthur Bailey, Harrison Bailey, and Cora Bailey, minor children Sheriff of Allen County to summon Narcissus Bailey, Marion Bailey, Harrison Bailey, Arthur Bailey, Cora Bailey and Rosa Hazlett.

Land in dispute and mention is made of an Ida O. Bender in Allen County holding a promissory note. Plaintiff claims ownership of an undivided 10/54 of the following real estate The Southwest ¼ of Section 27 and the North ½ of the Southeast ¼ of Section 28 in Township 33 North of Range 13 East

Order Book May 1900-March 1905

Pages 511-516 May 1902

Baltz, Elizabeth

Carey, Willis W., Administrator of the Estate and will annexed of John Baltz, deceased

Other, Defendants: David Baltz, Michael Baltz, Maggie A. Fry, Lottie L. Stalcup, John A. Gamble, George Baltz, Fred G. Baltz, Edith L. Baltz, John Baltz, Pauline Baltz, Anna Baltz, Thomas Baltz, William Baltz, Gladys Hart, Carrie Baltz, Grace Baltz, Franklin Baltz, William G. Baltz, Benjamin Baltz.

John Baltz died February 1902 and Elizabeth is his widow. The Will of John Baltz is found in Will Book 4, Pages 169, 170. Also Election of Will (Page 187) Sons: David, George, John, William, and Benjamin a Daughter Margaret. Guardian ad Litem for infant dependents: Anna, Thomas, Pauline, Fred G, Harry, Grace, Frank and William Baltz. Guardian ad litem also for Gladys Hart.

Plaintiff’s complaint is that she and the defendants are tenants in common of The southeast ¼ of the Northeast ¼ of Section 32, Township 33 North, and Range 14 East. (A detailed description follows)

Complete Record 1906 Book 11

Pages 11-17 October 2, 1905

Barry, George W et al

Johnson, Thomas E. et al

Other Plaintiff: William L. Davids, Other Defendant: Herman Johnson

Notice to Thomas E. and Herman Johnson who are non-residents of the State of Indiana published in the Auburn Dispatch, November 16, 1905.

Complaint to declare a Trust, Quiet Title and Partition of a partnership of land in the Bellevue Addition to the City of Butler. (45 lots)

Order Book May 1900-March 1905

Pages 239-241 March 3, 1902

Baxter, Ella E.

Milligan, Margaret et al

Other Defendants: Ben Levy, Warren Mason, Albert J. Mason

 

To quiet title on town lots 107 and 108 in the original Plat of the Town of Butler.

Order Book May 1900-March 1905

Pages 484-488 October 5, 1903

Baxter, Lizzie E.

Baxter, LaMar K.

Other Defendants Helen L. Baxter, James B. Baxter Jr. and Alpheus N. Madden

Notice to the Sheriff of Steuben Co. to summon LaMar K. Baxter, Helen L. Baxter, and James B. Baxter, Jr. Willis Rhoads appointed guardian ad litem of infant defendants.

Partition Plaintiff claims that she and LaMar K. Baxter, Helen L. Baxter and James B. Baxter Jr. or owners in common of Lot 53 in the Natural Gas Addition to the City of Auburn also the North 2/3 of lot 42 in the original plat of the town and lot 13 and 12 (part missing) also lots 164 and 72. and other real estate. Alpheus Madden holds a mortgage lien. On lot 164

Order Book May 1900-March 1905

Pages 522-530 December 21, 1903

Beck, Susan C.

Shull, Jacob et al

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

George Werntz is husband of Eliza Werntz, John Feagler is the husband of Mary Ann Feagler, John A. McClellan is the husband of Viola McClellan Notice of Pending Action in the Auburn Courier January 1904. Non-residents are: George, Eli, and Leonard Shull, Viola McClellan and John A. McClellan

Partition: Plaintiff state that she and defendants are tenants in common of Lot 2 in D. Z. Hoffman’s Addition to the City of Auburn.

Order Book May 1900-March 1905

Pages 169-173 May 20, 1901

Benner, Ludwig

Thomas, Mary A. (Widow), et al

Other Defendants: Thomas, Herschel (unmarried), Mary Thomas (unmarried), , Grace, Brownend, Norman E. Brownend (husband of Grace), Josephine Squires, (Husband Thomas Squires), Harford Tolan,

(Josephine Wife of Harford) Owen Thomas, (Mary J. Thomas wife of Owen), Madison Thomas, (Cordilia Thomas wife of Madison), Brook John F.

Non-residents Josephine and Thomas Squires, Harford and Josephine Tolan), Owen and Mary J. Thomas, Madison M and Cordelia Thomas, John F. Brock, unmarried.

Plaintiff claims ownership to: Lot 7 in Block 4 in Thomas South addition to the town (now City) of Garrett.

Order Book May 1900-March 1905

Pages 344-347 October 6, 1902

Berer, John

Maxwell, Addie

Other Defendants: Stella Thomas, Ida E. Stokes, Warner Blackwell, George Blackwell, Harry Blackwell, Thomas Blackwell, Minnie Milan, Paul Maxwell, Bertha Thomas

Ida E. Stokes, Warner George, Harry and Thomas Blackwell heirs of Warner Blackwell. Francis Bills is deceased and her heirs are: Addie Maxwell, Stella Thomas, Minnie Milan, Paul Maxwell and Bertha Thomas.

Land: Question if Mortgages has been satisfied. E. Blair Executed a mortgage on the South 2/3 of the Southwest ¼ and the South 2/3 of the West ½ of the Southeast ¼ of the West ¼ all in Section 14 in Township 34 North of Range 14 East. Payable to Francis Bills. November 11, 1891 payee assigned to Warner Blackwell, now deceased.

Order Book May 1900-March 1905

Pages 564-568 December 19, 1904

Betts, Solomon et al

Betts, William S. et al

Other Plaintiffs, Isaac L. Betts, John F. Betts, George W. Betts and Rebecca Musser, Other defendants: Flora Betts,

Flora Betts is the wife of William S. Betts. Notice of Sale in the Waterloo Press January 19, 1905.

Partition: Claim that Plaintiff and Defendants are tenants in common of: the East ½ of the Northeast ¼ of Section 8 in Township 35 North of Range 13 East.

Order Book May 1900-March 1905

Pages 323-326 May Term 1902

Beutter, Margaret

Hopkins, William,

Other Defendants: William Hopkins, deceased (and unknown heirs of William), William A. Rex, William A. Rex deceased (and unknown heirs of William A. Rex)

Plaintiff claims: Claims that on February 8, 1865 William Hopkins obtained a mortgage-Mortgage recorded March 21, 1865 (Paid and Satisfied)

Notice published in the Waterloo Press to non-residents. August 25, 1902. Asking for Mortgage to be cancelled

Plaintiff claims Southeast ¼ of Section 4 in Township 34 North of range 13 East.

Order Book May 1900-March 1905

Pages 327-328 May 19, 1902

Bloom, Louis

Goshen Milling Company

Other Defendants J. J. Hoffman (Given name unknown), J. J. Hoffman Jr. (Given name unknown) F. M. Hoffman (Given name unknown)

Page 328, J. J. Hoffman (Jacob

Sr.), J. J. Hoffman (Jacob Jr.) and F. M. Hoffman (Frank) doing business as J. J. Hoffman and Sons.

Quiet Title Plaintiff claims ownership of Lot 33 in Rogers Addition to the town of Altona. Defendant claims a lien on property.

Complete Record 1906 Book 11

Pages 28-35 December 18, 1905

Boren, Mahlon

Boren, Icy M. et al

Other defendants: Lottie M. Boren, Mary J. Boren, Cora V. Boren, Amos H. Boren and John G. Boren

John Keen is guardian of Icy, Lottie M, Mary J, Cora V. Amos H and John G. Boren all minors under the age of 21 and, John Borne and John Keen are mentioned as administrators of Sarah Boren estate. Racey Brown. Husband was Racey M. Boren was not found in DeKalb County. Sheriff of Noble County ordered to serve a summons to Icy M. Boren. Frank C. Baxter was appointed guardian ad litem of the minor defendants. John Keen is Administrator of the estate of Sarah A. Boren, deceased.

Quiet Title. Plaintiff and defendants are the owners as tenants in common of 25 acres off of the East side of the West ½ of the southwest ¼ of Section 28, Township 34 North of Range 14 East.

4 of said Southeast ¼ of said section 3.

Pages 492-500 December 1903

Bowman, Alice

Kelley, Martha J. et al

Other Defendants: Amy R. Haverstock, Mabel A Haverstock, Asher Gonser, Leona Gonser, Lloyd Gonser, Robert A. Haverstock, F. Marion Haverstock

Robert A. Haverstock is husband of Amy, F. Marion Haverstock is husband of Mabel A. Archie Bowman is the husband of Alice Bowman Lenora and Lloyd Gonser are minors and Ashton Gonser is their guardian.

Partition: Plaintiff claims that she and Martha J. Kelley, Amy R. Haverstock, Mabel a. Haverstock, Asher Gonser, Leona Gonser and Lloyd Gonser are owners and tenants in common of the Northeast ¼ of Section 35 and 26 66/100 acres of the South side of the Southeast ¼ of Section 26 all in Township 35 North of Range 13 East.

Complete Record 1913 Book 12

Pages 14-28 See also pages 34-39

Bowman, Hiram W.

Jones, Calvin et al

Other Defendants: Hattie Bowman, Frank Rhoades, Reason Chaney, Milton Chaney, Wallace Chaney, Phillip Chaney, Elmer Chaney, Catherine Frauenfelter, Guardian of Sophronia Roseberry, a person of unsound mind, Nicholas J. Jones, Lemuel Jones, Dora Stoffer, Ella Stoffer, Lizzie Coulson and John Jones

Sheriff of Allen County to summon Phillip Chaney. Notice in the Auburn Dispatch November 21, 1912 to non-residents of the State: Hattie Bowman, Calvin Jones, Frank Rhoads, Elmer Chaney, Kate Frauenfelter, Sophrona Rosenburg, Nicholas J. Jones, Lemuel Jones, Dora Stoffer, Ella Stoffer, Lizzie Coulson and John Jones. Bond issued in Stark County, Ohio for Catherine Frauenfelter. (Also James and Elias Fraunfelter) Calvin Jones is deceased. Thomas Fales, executor of the will of Said Calvin Jones. In Probate Order Book W Page 44, it states that the Will of Calvin Jones (died since beginning of complaint) is foreign (not Indiana) Thomas Fales and Dona Fales executors of the Will of Calvin Jones filed in the Superior Court of Spokane County, Washington State. Notice of action filed in the Auburn Dispatch, February 6, 1913. Jessie Gates, Florentine Bogar and Rosa Shipman are the adopted daughters of Calvin Jones Rosa Shipman passed away prior to Calvin Jones and left Pearl, Ruby and Rollie Shipman as her heirs.

Partition: All Defendants and Plaintiff, except Hattie Bowman are tenants in common of Lot 14 in Fales Addition to the town of Spencerville and the West ½ of the Northeast ¼ of Section 33 Township 33 North, Ranges 14 East, Except 19 acres off of the South end of said description (further description follows: Hattie Jones has not interest in lands.

Complete Record 1913 Book 12

Pages 34-39 April 17, 1913

Bowman, Hiram W.

Jones, Calvin, et al

Other Defendants added: Oliver Jones, Frank Jones, Kate Botorf, Etta Erskine and Margaret Williams

Oliver and Frank Jones, Kate Botorf, Etta Erskine and Margaret Williams are the heirs of Luther Jones and sole heirs of Nicholas J. Jones, deceased. The Will of Luther Jones is recorded in Will Book 6, Page 53 and 54. Dr. Hiram W. Bowman was appointed the executor of the Will. All the property was to be divided between his brothers and sisters or their heirs. Defendant names as "Dora" Stofer is in truth and fact William Van Dorn Stofer and has been commonly and familiarly called and known as "Dora" and Ella Stofer respectively. The Last Will and Testament of Calvin Jones in included as Exhibit A in this complaint. (He was living in Deer Park, Spokane County, Washington Nora Fales was an adopted daughter of Florentine Bogear, Spencerville, In., Viola R. Shipman, Balson Lake, Polk County, Wisconsin, Nora Fales, Deer Park, R. F D. #1, Spokane, County, Wash. Sale of land and distribution of funds included in this complaint.

Partition See also Pages 14-28

Complete Record 1913 Book 12

Pages 61-63 October 26,1917

Boyden, Charles F. et al

Lowman, Bliss et al

Other Plaintiffs: Frank F. Martin, Other Defendants: Unknown wife of Bliss Lowman, Cletis Trail, A minor, Isaiah Likens, a person of unsound mind, Grover C. Likens guardian of Isaiah,

During World War 1 a statement had to be made regarding Military Status of individuals. The defendants were not in the Military. Oak Husselman is guardian ad litem of Cletis Trail and Isaiah Liens. Bliss Lowman and wife are not residents of the State of Indiana.

Quiet Title for The Southwest fractional ¼ of Section 18, and the West ½ of the Southeast ¼ of said Section 18, excepting from said 2 tracts the North 160 acres thereof by parallel lines, also the South 58 acres of the East ½ of the Northeast ¼ of Section 19, also the West ½ of the Northeast ¼ of said Section 19; also the West ½ of the Northeast ¼ of said Section 19; also the East ½ of the Northeast ¼ of the northwest ¼ of said Section 19, all in township 34 North, Ranges 13 East

Complete Records 1906 Book 11

Page 101-102

Brillhart, Amanda

Sherman, Henry et al

Other Defendants: If Henry Sherman is deceased, his heirs, Polly Lock if deceased her heirs etc.

Notice to non-residents published in the Auburn Courier, September 7, 1907.

Quiet Titles: Plaintiff claims title to The southwest ¼ of the Southwest ¼ of Section 8 in Township if 35 North, Range 13 East.

Order Book May 1900-March 1905

Pages 90-94, December Term 1900

Buss, Libbie

Celia Kessler

Other Defendants: Levi Kessler, Eva Sutherland, John Sutherland, Osker Buss and Ollie Buss

Land was deeded by Frank Buss and wife to Oscar Buss July 9, 1892 and recorded in Deed Book WW page 490,

Osker and Ollie Buss are not residents of DeKalb County, Sent to Steuben Co.

Quiet Title the Southeast fractional ¼ of Section 7 in Township 35, North of range 13 East, Containing 106 acres, except 16 acres??? (part of document burned)

Order Book May 1900-March 1905

Pages 175-180 October 7, 1901

Capp, Charles

Hammond, Sarah

Other Plaintiff: William Capp, Other Defendants: Hammond, Benjamin, Hammond, Malinda, Hammond, Daniel, Hammond, Lavina, Rochester, Joseph,

Milton, Hattie, Milton, Charles, Oberlin, Jerry, Oberlin, Melissa, Oberlin, Lavina (Husband of Lavina-unknown)

On November 16, 1895 Fred and Martha Oberlin entered into a written contract with the Plaintiffs: Fred Oberlin is deceased and the defendants are his surviving heirs. The following are non-residents of the State of Indiana: Sarah E. Hammond, Benjamin Hammond, Malinda Hammond, Daniel Hammond, Lavina Rochester, Joseph Rochester, Hattie Milton, Charles Milton, Jerry Oberlin, Melissa Oberlin.

Land: The middle 1/3 of Lot 15 in Norris Addition to the Town of
Butler. Also a part of lot 2 and 12

Order Book May 1900-March 1905

Pages 196-205, October 7, 1901

Carnahan, Martha A

Carnahan, Mary E et al

Other Defendants: Alice. G. Carnahan, J. Daniel Brosy, President , Elmer H. Bottenburg, Secretary of St. Marks Evangelical Church of Auburn,

May 6, 1898 Samuel Cornell, who on said day executed a Will: I will and bequeath (conditionally) to my granddaughter Martha a. Carnahan (in her mother’s stead) 40 acres of land described as follows: The Northeast corner of the South ½ of the Southwest ¼ of Section 20 before named in item second in this will and bound there in described as 40 acres…" Mary E. and A? Carnahan are the children of the plaintiff. (Children are 6 and 3 years old)

Plaintiff claims she is owner for life of the northeast corner of the South ½ of the Southwest ¼ of Section 20 in Township 33 North of Range 13 East.

Complete Record 1906 Book 11

Pages 1-8 April 18, 1906

Christian, Albert et al

Moody, Harvey et al

Other Plaintiffs Elizabeth Christian. Other Defendants Wife or widow of Harvey Moody, Obediah Baer, Mary Baer, Alvin Tompkins, Sabra Tompkins, William C. Childs, Luset Childs, James Earl, Abram DePew, John W. Van Alstine, Mary E. Van Alstine, George W. Calwell, Janett Calwell, Cyrena M. Reed, Ransler R. Reed, Isaac O. Bachtel, Amelia Bachtel, Frederick G. Friend, Wife or Widow of Frederick G. Friend, John A. Bartlett, Salina L. Bartlett, Daniel W. Simmers, Amada V. Simmers, George R. Bartlett, (wife or widow of George R. Bartlett,) Joseph Raichart, Margaret A. Raichart, Frank P. Beck, Charlotte Beck, (if living or any legatees or devisee) Maist and Garton Mfg. Co.

January 19, 1837 Harvey Moody entered from the U.S. the South ½ of the Northwest ¼ of Section 4 in Township 34 North of Range 12 East.(Mill lot taken from part of this land). There follows a detailed listing of the Defendants and the dates they owned the parcel of land. Notice of action published in the Auburn Courier April 19, 1906 to the Defendants who are non-residents of the State of Indiana.

Quit Title Plaintiff claims defendants are owners in fee simple as tenants by entreaties and possession of a certain lot known as Mill Lot in Topping’s Addition to the Town of Corunna (In the Complaint a description of the lot follows).

Complete Record 1913 Book 12

Pages 53

Colbert, Alice

Smith, Thomas Griffin

Other defendants: Helene Smith, Anna Smith, Mary Smith, Clarence Smith, Ralph Smith, Harry F. Smith, Walter Bowers, Lillian Roberts, Charles Orchard, Frank Orchard, Anna Orchard, Mary Elizabeth Moon, Nicholas L. Moon, Clarence P. Smith, Ralph M. Smith, Helen M. Weissenflue, Hattie Smith, Arnold Weissenflue, Henry F. Smith, Alice May Weissenflue, Harriet C. Brown, Salem M. Brown, Winifred K. Brown, Mary E. Deane, Henry Deane, Effie Kate Bailey, Albert H. Bailey, Laura E. Bailey, Charles Henry Deane, Fisher Gay, Martha Scutt, Matilda Mitchell, Emma O. Allen, Adelia Searing, Mary Smith, daughter of Tracey E. Smith, Edward H. Smith, John H. Orchard, Jerusha S. Ferris, Charles S. Ferris, Jane Lord, Charles Lord, Mary E. Stanton, George Stanton, Sarah L. Clark, James A. Clark, John N. Gardner, Deborah Gardner, Edith M. Meder, Lauretta Gardner, Harry F. Gardner, Frank Gardner, George H. Gardner, Vinettie Gardner, Frederick I. Allen, Samantha K. Allen, Joshua H. Drake, Charlotte Drake, Frederick Allen, Frederick J. Allen, Hezekiah S. Dolph, Hezekiah S. Dolp, Abraham B. Smith, Edith Batchelor, Harry J. Batchelor, Alphina Folly, Henry B. Smith, Mary Ella Smith, Helen M. Weirenflue, Arnold Weirenflue, Alice M. Weirenflue, Adrian College, the unknown spouses, children, heirs, etc of the above parties.

 

To obtain a Quiet Title to The Southwest ¼ of section 11 in Township 33 North, Range 13 East. And the cloud of ownership is cleared.

Order Book May 1900-March 1905

Pages 427-433 March 1902

Comeskey, Samantha A.

Comeskey, Mary C. Executrix of the Estate of Charles, Comeskey, deceased

Other Defendants: Julia Russell (daughter of Charles), Marion Russell, Laura (Daughter of Charles) Moudy, John Moudy, Nettie Lochner, (daughter of Charles) Jacob Lochner, Charles E. Comeskey, (Son of Charles Sr.) Mary C. Comeskey

Charles Comeskey died about February 18, 1901 Will Book 4, Pages 125, 126 Election of Samantha A. Comeskey, Wife of Charles Comeskey, Mary C. a daughter of Charles. Notice of action filed in the Auburn Courier May 20, 1902. Sheriff of Allen County notified Laura Moudy, John Moudy, Nettie Lochner and Jacob Lochner.

Notice of Partition. Widow of Charles claims Charles Comeskey was owner of 67 aces off the South end of he East ½ of the Southeast ¼ of Section 30 in Township 33 North of Range 13 East and land was disposed by the will of Charles Comeskey. Land was in Jackson Township.

Order Book May 1900-March 1905

Pages 517-521 March 1904

Cool, James W. Guardian of Lillie M. Lockwood, et al

Penland, Laura et al

Other Plaintiffs: Lester Lockwood and Nettie Lockwood Other Defendants: Asbury A. Penland, Pauline Penland, Elsie Penland, Minnie A. Penland, Alvin E. Penland, Estella A. Penland, Mary J. Penland and Ray B. Penland

Asbury J. Penland is the husband of Laura. (Note in Will Book 4, Pages 146, 147 and 148 there is a Will for an Edwin Lockwood. He names a Laura Penland as his sister.

Partition. James Cool is Guardian of Lillie, Lester and Nettie minor heirs of (name of deceased missing) and are tenants in common with the defendant, Laura Penland with her children: Perlie, Elsie, Minnie A., Alvin E., Estella A. Mary J. and Ray B of ½ of the West ½ of the Southwest ¼ of Section 17, Township 33, Range 13 East.

Order Book May 1900-March 1905

Pages 466-470 May 18, 1903

Dellenbach, Nellie M. et al

Gushwa, Alvin et al

Other Plaintiffs: Edward J. Dellenbach Other Defendants: Walter Gushwa and Susan Shaffer

Nellie Dellenbach (husband Edward J. Dellenbach) is 25 years old. Alvin Gushwa is 29 years old. Walter Gushwa is 6 years old (Nettie Ernest is guardian of Walter). Susan Shaffer is 60 years old.

Partition Plaintiff and Defendants are tenants in common of the Southeast ¼ of Section 21 in Township 35 North range 12 East existing of 14 acres

Complete Record 1906 Book 11

Pages 18-20 May 21, 1906

Ensley, Nicholas et al

Markel, Solomon et al

Other Plaintiff Nancy A. Stafford, Other defendants (wife and heirs of Markel Solomon, if he is deceased), R. N. Shekels and wife (heirs of R. N. Shekels if R. N. is deceased), Noah Shekels and wife (heirs of Noah Shekels if deceased), Willis Eldridge and wife (heirs if Willis Eldridge is deceased).

Notice to non-residents published in the St. Joe News July 18,1906.

Quiet Title to 100 acres of land off of the Southside of the Southeast ¼ of Section 31 in Township 34 North of Range 13 East.. (The Complaint has a detailed description)

Order Book May 1900-March 1905

Pages 489-491 December 1903

Everett, Jasper

Emerson, John et al

Other Defendants: (the unknown heirs of John Emerson, deceased), Also the unknown heirs of Abraham Beecher, deceased, and Peter LaDare, deceased

Notice in Auburn Dispatch, October 29, 1903

To Quit Title of land described and bounded by a line commencing in the Center of the Hamilton, Butler highway at the Northwest corner of land formerly owned by Nathaniel Sewell and about 22 chains and 34 links North of the South line of Section 3 Township 35 North of Range 14 East and running thence East along the North line of said Sewell and to the middle of the Southeast ¼ of said Section dividing it North and South thence North on the said middle line 67 rods thence West to the Center of said high and thence southerly direction along the center of the highway to the place of beginning. Also the South ½ of the Northeast ¼ of said Southeast ¼ of said section 3.

Order Book May 1900-March 1905

Pages 147-150, March 6, 1905

Freed, Permilla

Freed, Shirley Samuel

Other defendants: Maul Lillian Freed

Plaintiff says on September 21,1902 Jacob Hood Executed a deed to Plaintiff. Plaintiff says that the defendants are her children and neither has any right title or interest. Charles S. Smith appointed Guardian ad Litem of Samuel and Maud Freed.

Quiet Title: Plaintiff claims she is owner of the West ½ of the North ½ of the Southeast ¼ of section 16, Township 35 North of Range ? East

Order Book May 1900-March 1905

Pages 581-584 March 6, 1905

Fuller, Mary

Fuller, Harry, et al

Other Defendants: Mary Fuller, Flora Gee, Samuel Gee, Francena Nelson, Benjamin Nelson, Logan Fuller and Myrtle Fuller

Benjamin Nelson husband of Francena Nelson Myrtle Fuller is the wife of Logan Fuller Samuel Gee is the husband of Flora Gee.

Partition: Plaintiff claims that she and Harry, Logan Fuller, Francena Nelson and Flora Gee are tenants in common of the South ½ of the fractional Section 9, Township 33 North of range 15 East.

Complete Records 1906 Book 11

Pages 114-119 October 18, 1906

Gettz, John

Gettz, William F. et al

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

Isaac Gettz deceased March 1880 Will for Isaac Gettz found in Will Book 2 & 3 Pages 24 and 25. (Also found as part of this complaint) Amanda a daughter (non compos and incapable of managing her estate and has had said mental condition since childhood), William, John Edwin or Edward), Jacob are sons, Mary Getz was his wife (she died August 25, 1906). Elizabeth and John were children of his first wife. Hubert E. Hartman was guardian ad litem for Amanda Gettz. Sale of Real Estate and distribution of funds included.

Partition: Plaintiff and Defendants are tenants in common of 35 acres off of the North end of the West ½ of the Southwest ¼ of Section 12, Township 35 North, and Range 12 East.

Order Book May 1900-March 1905

Pages 541-543 December 19, 1904

Gibson, Eliza J. et al

Taylor, George W. Et al

Other Plaintiffs: William C. Fluke and Frank E. Fluke

Other Defendants: Unknown heirs of George W. Taylor, Jacob Miller and his unknown heirs, James Johnson and his unknown heirs, Samuel W. Sprott, Thomas H. Sprott, Mary Nusbaum and unknown heirs of Samuel W. Sprott.

Non-residents of the State of Indiana: George W. Taylor and his unknown heirs, Jacob Miller and his unknown heirs, James Johnson and his unknown heirs. Notice published in the Auburn Dispatch December 8, 1904.

Quiet Title: Plaintiffs claim ownership to: Lots 35, 37, 39, 40, 49, 50, 51, 100, 101, 102, 103, 104, 105, 113, 114 in Flukes addition to the City of Auburn.

Complete Record 1913 Book 12

Pages 65-71 May 19, 1919

Green, Frederick H. et al

Hart, Hiram et al

Other Plaintiffs: John H. Green, Harry Green and Odell Oldfather Other Defendants: Sophia Hart (wife of Hiram), Samuel Humberger, Mary Humberger, wife of Samuel, Eli Crewiler and wife, William Bohler, Ann Bohler (wife of William, John Bohler, Abigail Bohler (wife of John) Azariah Masters, Joana Masters (wife of Azariah), Anna V. Sprankel, Samuel Kepler, Carrie Kepler, (wife of Samuel), Jacob Kepler, Rosannah Kepler, (wife of Jacob) Truman Kepler, Allen Kepler, Henry Kepler, Clara Kepler, Andrew Kepler, Russell Clapham, Dorothy Clapham, (wife of Russell), Burn Clapham, Ernest Perkey, Edith Perky (wife of Ernest) Benjamin Lowe, Samuel Lowe, Elizabeth Noragon, Margaret Kiplinger, John M. Lowe, Emma Porter, Lorinda Jones, Inez Kauffman, Thomas Bowlby, Esther Bowlby, Lester Bowlby, John Bowlby, Melva Lowe, Harry Lowe, Phebe Lowe, James Lowe, Fred Lowe Cooper, Electa Love Fee, all spouses, children heirs etc of the above parties.

Need the following mortgages to be cleared: Mortgage executed October 6, 1863 by Samuel Humberger to Samuel Kepler recorded Mortgage Record 2, Page 200, Mortgage executed by Azariah & Joanna Masters to Samuel Kepler dated November 13, 1853 Recorded in Record 2 at page 200, Mortgage executed October 22, 1856 by William Bohler to Azariah Masters, Record Book 2, Page 463, Mortgage executed March 25th, 1865 by John A and Lucinda D. Eckhart to William Bohler, Record Book 5, Page 69, Mortgage executed March 13, 1867 by John A and Lucinda D. Eckhart to John Bohler recorded in Record 5 Page 530, Mortgage executed August 6, 1880 by John Lowe and Sarah Lowe to Anna V. Sprankel Mortgage Record 16, Page 103, Mortgage executed September 30th, 1882 by Samuel Haverstock to John Lowe Record 17 Page 363. The place of residents of defendants is unknown and believed to be non-residents of the State of Indiana.

To obtain a quiet title to The Northeast ¼ of Section 28 in Township 35 North of Range 14 East, also the South ½ of the Southeast ¼ of Section 21, Township 35 North of range 14 East.

Complete Record 1913 Book 12

Pages 77-83 December 1919

Green, Frederick H. et al

Miller, Samuel et al

Other Plaintiffs: John H. Green, Harry Green and Odell Oldfather Other Defendants: Elizabeth Miller (wife of Samuel), Mary Younke, Sarah Landel, Sarah Bennet, Martin Bennet (husband of Sarah), Daniel McCellan, Malinda McClellan (wife of Daniel), David E. McClellan, Elizabeth Wise, George Wise (husband of Elizabeth), Sarah S. Leibold, Henry Leibold (husband of Sarah), Chloe Dennius, Sebury F. Dennius (husband of Chloe), Clyde McClellan, Lydia McClellan (wife of Clyde), Carrie Comp, Simon Comp (husband of Carrie), Nona Young, Clarence Young (husband of Nona), Arthur Fink, Callie Fink (wife of Arthur), Henry Fink, Gladys Fink (wife of Henry), Harvey Fink, Bertha Fink (wife of Harvey), Earl Fink, May Fink (wife of Earl), Mary Miller, Carrie Light, Frank Light (husband of Carrie), Flora Suffel, John Suffel (husband of Flora), Frank Miller, Candace Miller (wife of Frank), George Miller, Pearl Miller (wife of George), Lewis Miller, Maude Miller (wife of Lewis), Katie Hootman, Paul Hootman (husband of Katie), John J. Hook, Cora Hook (wife of John), Mary Zimmerman, John Zimmerman (husband of Mary), Firm Hook, Pauline Hook (wife of Firm), John Lindquist, Clyde Lindquist and his wife, Mabel Lindquist, Sarah E. Miller, Henry Miller, Nettie Miller (wife of Henry), Mina Holbrook, John H. Holbrook (husband of Mina),The inhabitants of the Civil and School Township of Stafford,

Samuel Hook is the trustee of the Civil and School Township of Stafford. Mortgage executed January 23, 1892 by Joseph and Mary Miller to Elizabeth Wenner recorded in Volume 30, Page 421 be released. Samuel Miller is over 75 years of age and is an heir of Jacob F. Miller who died in the town of Edgerton, Ohio on or about the 6th day of July 1885, That Jacob Miller at the time of his death was owner of the described real estate. Children surviving Jacob F. Miller, Samuel Miller, his wife Elizabeth Miller, a daughter, Mary Younke, a widow and another daughter Sarah Landel, A widow A Elizabeth Wenner (Jacob’s Daughter) who has since died leaving her sole and only heir Sarah Bennet, whose husband is Martin Bennet. Jacob F. Miller left surviving him daughter, Louisa McClellan who has since died intestate, (her children, Daniel McClellan, wife Malinda, George L. McClellan (unmarried), David E. McClellan and wife Dora, Elizabeth Wise and husband George), Sarah S. Leibold (husband Henry), Chloe Dennius (husband Sebury F,), Clyde McClellan wife Lydia), Louisa’s other Son Miller McClellan (deceased and unmarried), A daughter of Louisa: Caroline S. Fink (who is deceased and her sole and only heirs) Husband David Fink (deceased) and the following children: Carrie Comp and husband Simon, Simon Comp, Nona and Clarence young, Arthur Fink and wife Callie, Henry Fink and wife Gladis, Harvey and Bertha Fink, Earl and May Fink. Jacob F. Miller left surviving him a son Henry who is deceased: leaving his wife Mary and the following children; Carrie Light (husband Frank) Flora Suffel (husband John), Frank Miller (wife Candace), George Miller (wife Pearl), Lewis Miller (wife Maude), Katie Hootman (husband Paul), Another daughter of Jacob Miller: Rachael Hook (who died prior to her father), Rachel’s children, John J. Hook, (wife Cora), Mary Zimmerman (husband John), Amanda Hook (died subsequent to the death of Rachel) left a son Firm Hook (wife is Pauline), Sarah A. Linquist (daughter of Rachel), deceased, left as survivors husband, John Linquist, Daughter Belva Linquist and two sons Clyde and Henry Linquist. Henry and Belva died unmarried. Clyde married (name of wife unknown), John Linquist, Clyde and wife living somewhere in Michigan (wife of Clyde may be Mabel), Son of Jacob F. Miller, Jacob Miller, Jr. who is deceased, wife Sarah A., son Henry Miller and wife Hettie, daughter Mina Holbrook husband John H.) Samuel Miller provided this information September 17, 1919.

Quiet Title of The South ½ of the West ½ of the South fractional ½ of Section 9 and also the South ½ of the North fractional ½ of Section 16, all in Township 34, North of range 15 East.

Complete Record 1913 Book 12

Pages 84-90 May 19, 1919

Green, Frederick H. et al

Siglinger, George et al

Other Plaintiffs: John H. Green, Harry Green, and Odell Oldfather Other Defendants: James C. George, Robert Reed, Charles Stone, Elise Webster, Charles W. Webster, Ona Webster, (wife of Charles), Vertie L. Emanuel, Gerry Emanuel (husband of Vertie), Helen B. Nihart, Walter Nihart (husband of Helen), Alice Webster Leas, William H. Leas (husband of Alice), Cora Torrence, Graham Torrence (husband of Cora), Earl Webster, Warren Wannemaker, Arniel Wannemaker (wife of Warren), Bell Steffe, Arthur Wannemaker, Vada Wannemaker (wife of Arthur) Izora Wannemaker Ihrig, F. M. Ihrig (husband of Izora. The unknown spouses, widowers, widows, children, descendants, heirs, etc.

Mortgage executed November 9, 1844 by John Wannemaker to Charles Stone, recorded in Volume 6? Page 467 needs to be cleared. Most of the defendants are non-residents of the State of Indiana. Earl Webster and Ora Webster or legally adjudged insane and are residents of the Eastern Indiana Hospital for the Insane in Richmond, Frank A. Brink appointed as their guardian ad litem.

Quiet Title on the East ½ of the Northeast ¼ of Section 20 in Township 34 North, Range 15 East. Also another piece of land described in the Complaint.

Order Book May 1900-March 1905

Pages 127-137 December 17, 1900

Greenwood, Eugene S., et al

Gilbert Greenwood, et al

Other Plaintiff: Mary Greenwood. Other Defendants: Amrilla Greenwood, Floyd J. Greenwood, Ethel M. Greenwood, Benjamin F. Greenwood, Clarence D. Greenwood, Goldie Greenwood Herschal Greenwood, Ray Greenwood, Vera Beatrice Greenwood, Glenn Greenwood and Bird Greenwood

Gilbert Greenwood is deceased; Amrilla Greenwood is wife and owner of the undivided ½ of said real estate. Floyd J. Greenwood, Ethel M. Greenwood, Benjamin F. Greenwood, Claran? D. Greenwood, Goldie Greenwood, Herschel Greenwood, ware the children of the defendant Gilbert Greenwood. (Floyd J, Ethel M, Benjamin F, Clarence D, Goldie, Herschel, Ray, Vera Glenn and Bird are minors)

Plaintiffs and Defendants owners in common of the East ¼ of Section 4 in Township 35, North of Range 14 East (a detailed description is included in complaint) Containing 80 acres of land.

Order Book May 1900-March 1905

Pages 25-36

Grill, Eliza J.

Grill, Minnie

Clyde Grill, Carl Grill

F. L. Welshinner is Guardian ad litem for Clyde and Carl Grill. Property mentioned in St. Joe, Concord Twp. These Pages are copies of original document (parts of which were destroyed in the fire.

Lots 4, 9, 10, 11, 12, 13, 14 and 15 in Grills Addition to the Town of St. Joe. And the following land in Concord Township: a part of the Southwest ¼ of Section 15 in Township 33 north of Range 14 East.

Order Book May 1900-March 1905

Pages 391-396 March 2, 1903

Groscup, Fred et al

Hike, Charles et al

Other Plaintiff: Minnie Groscup, Other Defendants: Caroline Hike, John J. Lehmer, Edward McKennen

 

Quiet Title: That part of the Southeast ¼ of the Southeast ¼ of Section 34, Township 34 North of Range 12 East. Lying North of the Baltimore and Ohio railroad track and also 10 acres off of the South side of the Northeast ¼ of the Southeast ¼ of Section 34, Township 34, and North of Range 12 East.

Order Book May 1900-March 1905

Pages 501-503 December 1903

Hablawitz, Anton

Mohr, Philip

Other Defendant Frank Countryman

Plaintiff’s wife name is Anna

Philip Mohr and Frank Countryman were notified of action in the DeKalb County Herald on January 29, 1904.

Quiet Title and to cancel Mortgage. Plaintiff claims that as of April 1, 1880 he is the owner of: the Northwest ¼ of the Northwest ¼ and the West ½ of the Northeast ¼ of the Northwest ¼ all in Section 36, Township 34 North of Range 14 East. On Feb 22, 1882 Thomas Blackwell sold note and mortgage purchased from Philip Mohr to Frank Countryman. Plaintiff has fully paid his mortgage.

Order Book May 1900-March 1905

Pages 190-195 October 11, 1901

Hanus, (Harmes), Mary

Stonebraker, Bertha L.

Other Plaintiffs: Bessie and George Hanus Other Defendants: John G. Stonebraker, Libbie Stonebraker, William Guthrie and Lavon Louise Guthrie.

Libbie Stonebraker is the wife of John G. Stonebraker. (in Marriage Records John G. married Libbie Guthrie She was 17 in 1899) The Will for John M. Stonebraker is in Will Book 4, page 129, 130. Louise was 17 in 1899.

Tenants in Common (Defendants and Plaintiffs) of the West ½ of the Southwest ¼ of Section 33 and the West ½ of the Southeast ¼ of Southwest ¼ of Section 30, Township 35 North of range 12 East.

Complete Records 1906 Book 11

Pages 106-110 May 20, 1907

Harber, Adam

Porter, Daniel W. Et al

Other Defendants; Mrs. Daniel W. Porter, Mary Porter, Almyra Porter, Mary Almyra Porter, Rebecca Porter, John Y. Porter, William O. Porter, W. O. Porter, David R. Porter, Elizabeth Burns, Martha Callahan, Lorenzo Callahan, Luella Porter, M. A. Porter, S. D. Burns, the surviving widower of Elizabeth Burns, deceased. France R. Burns, Philo J. Lockwood, John Porter, Wm. O. Porter, Julia M. Shaffer, David E. Shaffer, Frederick F. Shaffer, Samantha A. Sears, Mary Alice McCroy, The descendants, heirs, etc of the above named persons.

Mortgage executed on September 18, 1886 by Samuel and Mary Fulton to Philo J. Lockwood. Recorded in Mortgage Record 23 page 110. Mortgage executed on December 20, 1902 by David A. and Anna Shull to C. C. Shaffer and recorded in Mortgage Record 52, Page 445. Notice of Complaint filed in the Auburn Dispatch on June 27, 1907. Sheriff of Noble County was to summon David E. Shaffer Sheriff of Steuben County to summon Mary Alice McCrory

Quiet Title: Plaintiff claims title of The east ½ of the Northwest ¼ of Section 31, Township 34 North, Range 13 East containing 59 and 8 ½ /100 acres of lad, also the West ½ of the Northwest ¼ of Section 31, Township 34 North, Range 13 East containing 59 8 1/2/100 acres of land excepting West ½ of said Northwest ¼ of the North 38 acres thereof.

Order Book May 1900-March 1905

Pages 339-343 August 28, 1902

Harpster, Levi

Treeman, James

Other Defendants: John Treeman, Herman Treeman, Paulina Woods, Roena Farver, Thomas H. Tomilson, Caroline Treeman, Georgia Rose, William E. Rose, Helen Cole, William W. Straight Jr, Isaac M. Diehl, George W. Carpenter, Charles H. Lewis, Alvin M. Lewis, Addie Stangen, Leander J. Diehl, Daniel D. Diehl, (Unknown heirs of Helen Cole, deceased, unknown heirs of Hiram Treeman deceased, George Kibbe, L. Tomlinson, George L. Tomlinson, Ephraim Diehl, William Diehl, Eliza Johnson, Daisy Wilson, Orin Hoffman, Edna McGilvery, Warren Huffman.

On the 29 day of August 1867 Augustus F. Packer executing a mortgage to John J. Hoopingarner, George W. Carpenter, Jeremiah Lewis and Isaac Diehl. Mortgage has been fully paid. Jeremiah Lewis and Isaac Diehl are deceased and died intestate. Mortgage was not released.

Notice to non-residents Published in the DeKalb County Herald. Sheriff sent notice to the Sheriff of Marion County. Guardian appointed for George Tomlinson and Orrin Hoffman

Quiet Title; Plaintiff claims ownership of 50 acres of land off the south side of the Southwest ¼ of Section 10, Township 34 North of Range 14 East.

Order Book May 1900-March 1905

Pages 292-298 May 19, 1902

Hartman, William W.

Sawvel, Isaac Etc.

Other defendants, Reuben Sawvel, John Sawvel, Margaret Myers, Adaline Stahlman, Mary Rader, Edward Sawvel, Emeline Barnes, Levi Anthony Isaac Anthony, John Anthony, Mina Anthony, Ada Marvin, Ida Anthony, Doratha Duncan, Dora Anthony, John Forney, Elizabeth Huey, David Forney, Sarah Forney, Unknown heirs of Mary Forney, Alice Duncan, Nora Cook, Dora Duncan, John Anthony, Elizabeth Yoethus, Catherine Zimmerman and Daniel Anthony.

Notice of publication in the Waterloo Press March 20, 1902. Notice to non-residents John Sawvel, Margaret Myers, Adaline Stahlman, John Anthony, Mina Anthony, Ada Marvin, Dortha Duncan, Dora Anthony, John Forney, Elizabeth Huey, David Forney, John Anthony and unknown heirs of Mary Forney, Alie Dancer and Dora Duncan

Quiet Title to East side of the Northeast ¼ of the Southwest ¼ and ten acres off the East side of the Northwest ¼ of the Southwest ¼ all in Section 16 Township 35 North of Range 13 East.

Order Book May 1900-March 1905

Pages 80-85

Holcomb, Hannah

George Chapman et al

Other Defendants: Jennie Warner, William Sewell admin of the Estate of Columbus Chapman

Land belonged to Columbus Chapman, deceased. The plaintiff is the widow and the said George Chapman, Jennie Warner and Ethel Scranton are his children.

Plaintiff and defendants are tenants in common of Land: East ½ of the Southeast ¼ of Section 32 in Township 35 North or range 14 East.

Complete Records 1906 Book 11

Pages 157-166 May 18,1909

Horton, Anna Blanche

Nelson, John et al

Other Defendants: Hannah Nelson, Daniel Tomlinson, Sarah Tomlinson, Charles Norris and his wife, Jane Loyd and her husband, William W. Tomlinson, Mary C. Tomlinson, Charles W. Tomlinson, Ella Tomlinson, Daniel H. Tomlinson, Mrs. Daniel H. Tomlinson, Thomas Edwin Tomlinson and his wife. B. M. Noble and his wife (name unknown prior to November 1863), Byron N. Noble, Mary Jane Noble, Jerome Whaley and wife (prior to March 25, 1862), Mary J. Whaley, B. M. Whaley, J. Whaley, Anne Whaley, Susannah Miles, Jerome Miles, George B. Cadwell, Clarissa S. Cadwell, Clarissa C. Cadwell, Edward M. Jackman, E. M. Jackman, Mary Ann Jackson, Michael McLaughlin, John Hall, Susan Hall, Alfred Hall, Lanson Hall, Lyman Hall, Joseph Hall, Francina Irvin, Louisa Nair, Matilda Boots, Mariah Helm, Mary Hall, Dora Hall, Alfred W. Hall administrator of the estate of John Hall, deceased, Simon Stiefel, Barbetta Stiefel, Isaac Ochs, Carrie Ochs, Sarah Thomas and husband, Sarah Rutler and husband, Lizetta Myers and husband, Dora Myers, Dora Hirscher, Isaac Hirscher, Diana Hirscher and husband, Rose Hirscher and husband, Amelia Hirscher and husband, Matilda Stiefel, B. M. Stiefel, Benjamin Stiefel, Caroline A Pennington (unmarried) Isaac Hirscher administrator de bonis non of the estate of Lizetta Myers, deceased The heirs, descendants, etc of the above parties.

On May 9, 1855 Daniel Tomlinson owned a part of the Northeast ¼ of Section 11, Township 34 North, Ranges 14 East of what is now known as the Norris Tomlinson addition. (History of the lot follows) January 8, 1866 Mortgage executed by William and Mary Jackson to Edward M. Jackson (Mortgage book 5, Page 200) Mortgage executed July 7, 1871 by John All to Michael McLaughlin (Mortgage book 8,) Mortgage executed February 14, 1874 by Simon Steifel and Isaac Ochs to Alfred Hall. (Mortgage Book Volume 10, Page 333). Need to verify that mortgages are fully paid and title is clear.

Quiet Title. Plaintiff claims ownership and request title to be cleared on Lot 8 in Block 1 in Tomlinson’s Addition to the City of Butler.

Complete Records 1906 Book 11

Pages 129-134 December 17, 1906

Houghton, Charles A.

Houghton, Darius K. et al

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

Darius K. Houghton, Samantha D. Leland, Henrietta P. Otto and Philenia S. Johnson are non- residents of the State of Indiana. Notice published in the Auburn Dispatch January 17, 1907. Inventory of Mary P. Houghton, deceased was made on March 16, 1907.

Partition Plaintiffs and Defendants are tenants in common of Lot 51 and 22 feet off of the North side of Lot 52 in the original plat of the City of Auburn.

Order Book May 1900-March 1905

Pages 441-446 December Term 1902

Howlett, Luella et al

Reed, Harriet E. et al

Other Plaintiffs: Minnie B. Reed. Other Defendants: Hattie B. Deary, James McCool, Clara A. Frost and Mary Catharine McCool, Luella B. Howlett and Minnie M. Reed.

See also Mary A. Liens Notice to non-residents published in the Auburn Courier November 13, 1902.

Complaint for Partition: Land in question: The West ½ of the Southeast ¼ of Section 31 in Township 35 North of Range 12 East.

Complete Record 1906 Book 11

Pages 36-37 October 2, 1905

Hughes, George A.

Larkin, Nelson, et al

Other Defendants: Unknown heirs of Nelson Larkin, Walter Welch and his unknown heirs, Russell A. Kneeland and his unknown heirs, Emaline A. Scott and her unknown heirs, Simon Baker and his unknown heirs. Fred Swantusch

Notice of action published (all but Fred Swantusch) to non-residents in the Auburn Dispatch, November 16, 1905.

Quiet Title: Plaintiff claims ownership of Lot 16 in Lisles First Addition to the city of Garrett. And lot 10 in Lisle’s Second addition to the City of Garrett.

Order Book May 1900-March 1905

Pages 534-538 October 3, 1904

Imhoff, Elizabeth et al

Steifel, Ben et al

Other Plaintiffs: Sarah E. Imhoff, Charlie M. Imhoff, Fred Carr, Wiley Carr, also John Carr and David Carr Minors by Elizabeth Imhoff their next Friend. Other Defendants: Rose Steifel, Harry Steifel, Leopold Steifel, M. Leone Goldstein, Rebecca Kahn (unknown heirs Of Jacob Hicks, deceased, and unknown heirs of Benjamin Price, deceased)

Decedents became the owners of said real estate by grant from Jacob Helwig and from one Nathaniel Van Auman and Benjamin Price (deceased) and Jacob Hicks (deceased. Deeds for Jacob Hicks and Benjamin Price were not recorded) Heirs and children of Simon Steifel: Ben, Rose, Leopold, and Harry Steifel. M. Levine Goldstein and Rebecca Kahn

Quit Title. Plaintiff and Defendants are tenants in common by inheritance by Jacob Imhoof, deceased. Of the Southeast ¼ of the Northeast ¼ of Section 6 in Township 34 North of Range 15 East.

Order Book May 1900-March 1905

Pages 364-367

Jackman, Norman T

 

 

 

 

 

 

 

 

 

Lilley, Wesley et al

 

 

 

 

 

 

 

See also Rakestraw, George

Other Defendants: Unknown heirs of Wesley Lilley, deceased, Unknown heirs of Mary Ann Lilley, deceased, Unknown heirs of John D. Phoenix, deceased, Unknown heirs of Francis M. Babcock, deceased, Unknown heirs of Anna Eliza Babcock, deceased, Unknown heirs of John Babcock deceased, Unknown heirs of Alice C. Babcock, deceased

Defendants not residents of the State of Indiana. Notice published in the Auburn Dispatch February 5, 1903

Quiet Title: Plaintiff claims ownership of 6.5 acres of land off the West side of the Southeast ¼ of the Northeast ¼ of Section 34, Township 34, North Range 13 East. On October 12, 1853 William Clark owned the land and executed a mortgage to John D. Phoenix, Francis and John Babcock. Mortgage not released.

Complete Records 1906 Book 11

Pages 127-128

Jacoby, Lewis H. et al

Work, Henry et al

Other Plaintiffs: Anna R. Robbins, Other Defendants: Wife of Henry Work, deceased, Daniel Snively and his wife, Wesley Park and his wife. The heirs, descendants et of the above parties.

Deeds of Conveyance were made to Henry Work, Daniel Snively Wesley Park before the year 1845. August 19, 1845 title and interest was conveyed to Obadiah C. Houghton, and now transferred to Plaintiff. Publication of action was published in the Auburn Courier on May 28, 1908.

Quiet Title: Plaintiffs claim ownership of Town lot 52 in the original pat of the City of Auburn. And ask for title be cleared for his ownership.

Complete Record 1906 Book 11

Pages 47-49

Johnson, George F.

Young, Josiah et al

Other Defendants: Mrs. Josiah Young (Christian name unknown), The surviving spouse, the children, descendants and heirs, the creditors and administrators of the estate, the devises, legatee, trustees and executors of the last will and testament, respectively of Josiah Young, deceased. Mrs. Josiah Young deceased.

Published in the Auburn Dispatch on January 3, 1907.

Quiet Title on the South ½ of the South ½ of he Southwest ¼ of Section 5 of Township 33 North of range 15 East Containing 40 acres

Order Book May 1900-March 1905

Pages 242-245 March 17, 1902

Johnson, Keifer A.

Blake, Horatio et al

Other Plaintiff: Georgia I. Johnson, Other Defendants: unknown heirs of Horatio Blake.

George B. and Catharine Shrader conveyed the real Estate to Horatio Blake who conveyed to Simon Smith The convey and so made by Blake to Simon Smith is mislaid and was never recorded.

Quiet Title of: 60 acres of the Southeast ¼ of Section 4 in Township 34 North of range 12 East

Order Book May 1900-March 1905

Pages 569-571

Johnston, Emory et al

Bair, Letta et al

Other Plaintiff: Lovina Johnston, Other Defendants: Oscar Bair, Sarah Garry, Mattie Strinchfield, Emma Johnston, Nettie Woods, Frank Bair, Minnie Bair, Homer Bair, Minnie Dunn, Mary Bair, Andrew Bair, and unknown heirs of Benjamin Bair.

Benjamin Bair, deceased and his heirs are the defendants and non-residents of the State of Indiana.

Quit Title: Plaintiffs claim title to: The West ½ of the Southwest ¼ of Section 11 Township 35 North of Range 12 East. Plaintiff acquired title form Philip Hecht who on April 14, 1850 had a mortgage due to Benjamin Bair.

Order Book May 1900-March 1905

Pages 572-577 December 19, 1904

Johnston, Emory et al

Miller, William et al

Other Plaintiffs Lovina Johnston and Maria Henney Other Defendants: The unknown heirs of William Miller

Notice filed in the Auburn Dispatch of transaction January 12, 1905. Maria Henney is the owner of the East ½ of the Southwest ¼ of Section 11 Township 35 North of Range 12 East that Plaintiff derived Title to said real estate by conveyance and inheritance form
Daniel Phillips and Eliza Phillips. (Phillips and Eliza were the owners of the land and on November 8, 1854 being indebted to Joseph Miller, Thomas Miller and Jane Miller

Release of Mortgage: The Southeast ¼ of he Northwest ¼ and the West ½ of the Southwest ¼ and the West 11/2 of the East ½ of the Southwest ¼ of Section 11, Township 35 North of Range 12 East.

Order Book May 1900-March 1905

Pages 260-273 December 16,1901-January 9-1905

Kelley, Melissa

Kelley, Mary

Other Defendant: Edna Kelley

Defendants are both minors- Partition for sale of Real Estate. Court appoints Edwin L. Fosdick Guardian ad Litem. Melissa Kelley is the widow of James Kelley

Defendants and Plaintiffs are tenants in common of a part of the northeast ¼ Section 32 in Township 34 North of Range 15 East.

Complete Record 1906 Book 11

Pages 88-89 (March 4, 1907) See next item for pages 43, 44

Kiplinger, Andrew

Krum, Wife of Frederick Krum and unknown heirs

Other Defendants: Unknown heirs of Mrs. Krum, Wife of Hiram Colgrove and her unknown heirs, Wife of William Wallace and her unknown heirs, L. W. Hilson and his wife. T. M. Hilson administrator of L. M. Hilson, deceased. Unknown heirs of L. M. Hilson , Wife of T. M. Hilson and her unknown heirs. Wife of Theopolis Buchs and her unknown heirs.

Notice of Action published in the Waterloo Press April 18, 1907.

Quiet Title: Plaintiff claims ownership of Lot 12 in Colgrove and Welsh’s addition in Uniontown (now Waterloo)

Complete Record 1906 Book 11

Pages 43-44 December 17, 1907 See previous for pages 88 and 89

Kiplinger, Anthony

Krum (Wife of Frederick Krum)

Other Defendants: Unknown heirs of Mrs. Krum, Wife of Hiram Colgrove and her unknown heirs, Wife of William Wallace and her unknown heirs, L. W. Hilson and his wife. T. M. Hilson administrator of L. M. Hilson, deceased Unknown heirs of L. M. Hilson , Wife of T. M. Hilson and her unknown heirs. Wife of Theopolis Buchs and her unknown heirs.

Notice of action filed in the Waterloo Press December 6, 1906.

To clear title of property. Plaintiff claims ownership of Lot 12 in Colgrove & Welsh’s addition in Uniontown (now Waterloo)

Order Book May 1900-March 1905

Pages 215-222 March 3, 1902

Klinkle, Catharine

Firestone, Samuel K

Other Defendants: Isaac Firestone, Hattie McNeal, George McNeal, Kate Baum, Jesse Baum, John L. Firestone, George D. Firestone, Sarah Coffin and George Coffin

George McNeal is husband of Hattie McNeal, Jesse Baum is husband of Hattie Baum, and George Coffin is the husband of Sarah Coffin. Above notified in the Notice in Auburn Dispatch December 5, 1901. Summons by Sheriff of Porter County to summon Kate and Jesse Baum.

Partition to sell the: East ½ of the Northeast ¼ of Section 22 in Township 35 North Range 14 East.

Order Book May 1900-March 1905

Pages 223-227 December 16, 1901

Klinkle, Catharine

Knisely, Timothy J

Other defendants: David H. Knisely

On the 5th day of February 1889 Isaac Ochs recovered judgment against Daniel Firestone. On March 10, 1891 a writ of execution was issued and on July 25, 1891 sold to said Isaac Ochs.

To quiet title on the undivided 1/10 part of the East ½ of the Northeast ¼ of Section 22 in Township 35 North of range 14 East.

Complete Record 1906 Book 11

Pages 21-27 May 21, 1906

Kniseley, Charles D. et al

Lake Shore & Michigan Southern Railway Company et al

Other Plaintiff: Jennie B. Kniseley Other Defendants The Lake Shore & Michigan Southern Railway Co.) James and Mary Morrow (heirs, devisees and Legal Representatives of James and Mary) William Shaffer, Mary Shaffer, Joel and Leah Hendricks (heirs, devisees and legal representatives of Joel and Leah) Peter Gilchrist, Flora Gilchrist (heirs, devisees and legal representatives of Peter and Flora), Archibald Gilchrist, Mary J. Gilchrist (heirs, devisees, legal representatives of Archibald and Mary) Minnie Voss, (unknown heirs of Edward Till), Unknown heirs of William Till), Jay S. Stough known as J. S. Stough, Adelia A. Stough , Samuel S. Stough, (unknown heirs of J. S., Adelia and Samuel S.), Frank Jones, Anna Ober, Della Loutzenheiser, Harrison Jones, Isaac Jones, John Jones, Mary DeWitt, Ezekiel Jones, Sarah Jones, Frank L. Jones, Alta Lease, Josephine Miles, Nora Rainer, Mary Ferguson, Daisy Jones, Edward Jones, Mary Espy, Susan Hall, Pearl Kelley, Hattie Kelley, Elizabeth Kelley, Norma Kelley, Janette Kelley, Celia Kelley, Cyrus Kelley, Alfred Kelley, Charles Bassett, Clara Walsworth, Betsey Rummell, William Bassett, Lovina Parks, Alzina Squier, Frank Bevier, Almeda Bevier, Mary Donneberger, Anna Bevier, Anna Dunneberger, George E. Boots, John Sinn, Isabella Sinn (Unknown heirs, devisees and legal representatives of John and Isabella Sinn)

Sheriff of Kalamazoo County served the summons to Della Loutzenheiser. Sheriff of Madison County, IN. to served summons to Charles Bassett. Sheriff of Noble County to serve summons to William and Mary Shaffer, Sheriff of LaGrange County to serve summons William and Mary Shaffer. Sheriff of Kosciusko County to serve notice to Josephine Miles. Sheriff of Gibson County to serve Mary Dewitt, Sheriff of Elkhart County Della Loutzenshieser. Notice to Non-residents of the State of Indiana published in the Waterloo Dawn May 24, 1906.

Quiet Title Plaintiffs are owners as husband wife of certain lands in Section 2 and 3 in Township 34 North of Range 13 East by deed of Conveyance from Charles Kelley dated may 8, 1905. A full description of lands follows in the record.

Order Book May 1900-March 1905

Pages 284-287 April 11, 1902 See also other entry for these individuals.

Kraus, Amelia

Vanderley, Rose et al

 

Mention of Christian Ashelman as guardian of Perlie My Ashelman (payment of mortgage note). Mary Girardot and Joseph Girardot (whose whereabouts are unknown)

Land: West ½ of the Northeast ¼ of Section 28, Township 34, North of Range 13 East also 5 50/100 acres of the North end of West ½ of the Southeast 14/ of Section 28, Lots 84, 85, 100 and 101 in Natural Gas Addition to the City of Auburn.

Order Book May 1900-March 1905

Pages 101-126, 138-141, See also other entry

Kraus, Amelia

Vanderly, Rose

Other Defendants: Rose Girardot, George J. Venderly, Amos Girardot, Freeman Blaising, Mary Girardot, Agnes Girardot, Agnes Campbell, George Campbell, Clarence? Craig, Walter Craig, Olive Girardot, Joseph G. Girardot, Pearlie Marhlman, Christian Ashleman, Guardian of Perlie M. Ashelman.

On the 29th of July 1891, Stephen Girardot, late, died intestate and the owner of real estate, The left surviving heirs as his only legal heirs, the plaintiff, Rose Girardot his widow, who afterwards intermarried with the defendant, George J. Venderly, Amos Girardot, Felicia Blasing, Mary Girardot, Agnes Girardot who afterwards intermarried with the defendant Campbell, Cla? Girardot who afterwards intermarried with the Defendant Clarence, Craig, Olive Girardot, Joseph G. Girardot and Rose Pomery and Delilah Grobis.

On March 4, 1899, Rose and Glen Pomeroy, Delia and Thomas Grobis by Warranty deed conveyed title to Amos Girardot.

Rose Venderly was the surviving widow of Stephen Girardot, deceased.

Land The West ½ of the Northeast ¼ off Section 28 Township 34 North of Range 13 East, Containing 80 acres also five and 50 hundredths acres off the North end of the West ½ of the Southeast ¼ of said section 28 in Said Township and range. Also Town lots 84 and 85, 100, 101 in Gas Add. In the Town of Auburn

Order Book May 1900-March 1905

Pages 206-209 December 16, 1901

Kuhlman, Viola I,

Prosser, James

Other Plaintiffs: Alda M. Johnson, Metta L. Prosser

Defendant notified in the Waterloo Press

To clear title on North ½ of Town lot 101 in the original plat of the Town (now city) of Auburn.

Order Book May 1900-March 1905

Pages 255-259 March 3, 1902

Lackey, George W.

Alvord, Bazalul et al

Other Defendants They unknown wife of Bazalul Alvord, Chester Alvord, the unknown wife of Chester Alvord, Mary Larimore, Ford Larimore, Belle Larrimore McPherson, Amanda M. George, Ella George Deen, the unknown husband of Ella George Deen

Amanda M George, Ella George Dean are heirs of Isaac George deceased.

Defendants Ford Larrimore, Mary Larrimore, Belle Larimore McPherson and husband, are all the heirs at law of Mrs. S. M. Larimore, deceased. Alvords, Larrimore, McPherson, Deens are not residents and notice published in the Auburn Courier. A certain mortgage was held on said real estate by Isaac George and executed by Mrs. I. M Larimore recorded in Mortgage Record 3 Page 325. Most of Defendants may not be residents of the State at this time.

To quiet title on: Lot 75 in the Original Plat of the City of Auburn.

Complete Records 1906 Book 11

Pages 151-156

Lanan, John

(Could be Lonan?)

Marvin, Fanny Ann et al

Other Defendants: Husband of Fanny Ann Marvin, Olive Martin and her husband, Francis I. Marvin and Mrs. Francis I. Marvin, Francis J. Marvin, Mrs. Francis J. Marvin, Henry Marvin, Mrs. Henry Marvin, George Marvin, Mrs. George Marvin, Charles Marvin, Mrs. Charles Marvin, Uriah Marvin, Jr. Mrs. Uriah Marvin Jr., Louisa Swart and her husband, Louisa Swartz and her husband, Luctia Peck and her husband, Francis J, Francis I., Uriah and Alexander Marvin executors of the last Will of Uriah Marvin, deceased. Mary J. Munson and her husband, Frank Thompson, Ida Thompson, John D. Foltz, Mrs. John D. Foltz, the heirs, descendents etc of the above.

Notice filed in the Auburn Dispatch August 26, 1909. Charles O. Borst is Guardian ad litem for Inez Thomson, and Gerry Thompson. It seems Inez was in Allen County, IN. Sheriff of Vigo County was to summon Joseph, Albert Nora and Bessie Thompson. Sheriff of Wabash County to summon Jerry Thompson.

Quiet Title. To clear ownership of The West ½ of the West ½ of the Southeast ¼ of Section 35, Township 33 North, Range 13 East.

Order Book May 1900-March 1905

Pages 151-158 March 1905

Leason, Mary

Leason, Carrie,

Other Defendants: Violet Leason Frank Leason is the husband Of Mary

On February 21, 1905 Nancy Stearns died testate. Mary Leason is the daughter of Nancy and Frank Stearns Will of Nancy Stearns of Troy Township included John, Charles and Carrie Leason are the heirs of Plaintiff. and grandchildren of Nancy. It seems that Violet is also the daughter of John

Tenants in Common (Partition) Mary Leason, her daughter to have 40 acres of land, The southwest ¼ of the Northeast 1`/4 of Section 8 in Township 35, North of Range 15 East. After her natural life to go to her grandson John Leason. the balance of the land to go to grandson, John Leason, Charles Leason and granddaughter Carrie Leason.

Complete Record 1906 Book 11

Pages 50-51

Leason, Mary E.

Leason, John,

Other defendants: Charles Leason, Carrie Leason, Violet Leason

Will of John Stearns is found in Will Book 4 Pages 180, 181, 182. Wife of John Stearns: Nancy E. "That the heirs at law of said descendent were this plaintiff and her mother the wife of the deceased and that said wife has since died and that the only descendants of said testator or heir at law are this plaintiff and her children, John, Charles, and Carrie Leason and Violet Leason child of the said John Leason. (Carrie Leason and Violet Leason are minors.)

Quiet Title: Plaintiff claims the defendants that on the day of January 1902, John Stearns, a resident of Troy Township, DeKalb County died testate. Mary Leason was to have The southwest ¼ of the Southeast ¼ of Section 5 in Township 35 North of Range 15 East during her life. And at her death to her heirs.

Order Book May 1900-March 1905

Pages 434-440 October 6, 1902

Liens, Mary A. et al

Harper, Catherine E. et al

Other Plaintiffs: Gertrude Lutterman, Other Defendants: Harriet E. Reed, Luella B. Howlet, Minnie M. Reed, Bessie B. Adams, Effie May Wallace, Roy Wallace, Mary C. Green, Mary McDonald and her unknown heirs, Hattie B. Deary, James O. McCool, Clara A. Forest, Mary Catherine M. McCool, William Wallace.

See also, Luella Howlett. Most of the Will of William P. Wiley was destroyed in the fire. In the Order Book document it states that William P. Wiley gave the real estate to his wife Jane Wiley during her life and at her death to his children, Hannah J. McCool, Catherine Hester, David Wiley, Harriet Reed and Mary Green. And some to the two children of his deceased daughter Calvin Reed and Gertie, a child his deceased daughter Maria Griffith. David Wiley died and his only heir was Mary A. Liens. Gertrude Lutterman is the child of his (Williams) dear daughter Maria Griffith. Ella Reed is a deceased daughter of William. Her heirs are: Luella B. Howlett, Minnie M. Reed and Amanda Wallace. Hannah J. McCool is deceased and her heirs are Hattie B. Diary, James D. McCool, Clara A. Frost, and Mary Catherine McCool. The real name of Catharine Harper is Eliza Catharine Harper. Notice to non-residents published in the Auburn Courier

Quiet Title and Partition: William P. Wiley died May 1895. and was the owner of The West ½ of the Southeast ¼ and the Southwest fractional ¼ all in Section 31 in Township 35 North of Range 12 East containing 213.48 acres of land.

Order Book May 1900-March 1905

Pages 359-363 May

Term 1901

Livergood, Alvin

Morse, Albert D.

 

April 17, 1900 Sara J. Moltz executed a mortgage to Margaret Milligan. On August 31, 1900 a judgment was filed against Sara I Moltz. On May 15, 1901 Sara I. Moltz sold to Plaintiff. Sara Moltz is a widower and not familiar with the law.

Quiet Title Plaintiff claims ownership to Lot 137 and East ½ of Lot 136 in Egnews Second Addition to the town of Butler.

Complete Records 1906 Book 11

Pages 98-100 October 16, 1907

Malcuit, Peter

Morris, James et al

Other Defendants Mrs. James Morris, Henry E. Altenburg, Mrs. Henry E. Altenburg, Daniel Altenburg, Mrs. Daniel Altenburg, Jacob Knapp, Mrs. Jacob Knapp, Adrian College, David Weaver, Mrs. David Weaver, Nicholas Stockwell, Mrs. Nicholas Stockwell, Alonzo Watkins, Mrs. Alonzo Watkins, All the descendants, Heirs, etc of the above individuals.

Plaintiff claims that the mortgage executed April 14, 1893, by John H. Pyle and Mary J. Pyle to Adrian College covering the West ½ of the East ½ of the Southwest ¼ o Section 25 Township 34 North of Range 13 East has been fully paid and satisfied.

Quiet Title Plaintiff claims he is the owner of The West ½ of the Southwest ¼ and the West ½ of the East ½ of the Southwest ¼ of Section 25, Township 34 North of Range 13 East.

Complete Record 1913 Book 12

Pages 1-12 March 13, 1913

Mann, Etta J et al

Harvey, Susanna et al

Other Plaintiff: Minnie M. Putt Other Defendants: Mabel Harvey, Nellie Harvey, Conrad Mann Administrator of the estate of Henry Harvey, deceased

Henry Harvey died July 20 1912 Etta J. Mann and Minnie M. Putt are his daughters, grandchildren: Mabel Harvey and Nellie Harvey children of John C. Harvey, deceased. (John was a son of Henry) Susanna Harvey, age 47, (2nd wife with no children) is the widow of Henry. Frank A. Brink appointed guardian ad litem for minor defendants Mabel and Nellie Harvey. Notice of Sale of Real Estate published in the Garrett Clipper March 19, 1913. Included in this complaint are the replies, answers, and appraisement of land, distribution of funds.

Complaint for Partition and sale of The Southeast ¼ of the Southeast ¼ of Section 9, Township 33 North of Range 12 East.

Complete Records 1906 Book 11

Pages 167-171 May 16, 1910

Martin, Charles M. et al

Kuhn, Clara B et al

Other Plaintiffs: Mary L. Martin, Other Defendants: James Kuhn, Eli Weaver, Louisa A. Weaver, Mrs. Eli Weaver, Beatrice Hoadley, Albert C. Weaver and wife, William Weaver and Wife, the heirs, surviving spouses, Administrators of Estates, etc of the above named parties.

Notice to defendants published in the Auburn Courier, July 7, 1910. The defendants and any heirs are unknown to the Plaintiff. Due search has been made and defendants are unknown.

Quiet Title to The North ½ of the Southeast ¼ of Section 19, Township 34 North, Range 13 East containing 80 acres more or less. Plaintiff requests the title to be cleared and all mortgages released.

Order Book May 1900-March 1905

Pages 299-305 March 3, 1902

Mercer, Letitia

Kepler, Samuel, et al

Other defendants: Kepler, John Kepler, Jacob Kepler, Solomon Kepler, Andrew Kepler, Abbie Swift, Monroe Husselman, Burnside Chapham, Harvey Russell, Burnside Chapman, a minor, Samuel B. Husselman, Jane Perkey, Earnest Perkey

Summons issued by the Sheriff of Steuben Co for Jacob Kepler and Abbie Swift. Summons issued by Sheriff of Whitley County for Harry Russell, Burnside Chapman, and Summons by Sheriff of LaGrange County for Solomon Kepler, Non-residents Andrew Kepler, Burnside Chapman, Samuel B. Husselman, Jane Perkey and Ernest Perkey-Notice in the DeKalb County Herald. May 19, 1902. James Rose Guardian ad Litem of Harry Russell, Burnside Chapman, Minor defendants

Plaintiff claims ownership of the North ½ of the Southeast ¼ of Section 21 in Township 35 North of Range 14 East. October 1885, Henry Shaffer executed a mortgage to Samuel Kepler, deceased.

Complete Records 1906 Book 11

Pages 103-105 May 20, 1907

Miller, Georgia A.

Miller, Carl et al

Other defendants: Albert DeForest Miller, Luther H. Miller, Florence A. Miller

Charles S. Smith appointed as guardian ad litem for Florence A. Miller an infant. Henry Miller deceased in 1906. Estate #1233 page 58 Will is found in Will book 4, Page 384, 385 and 386. There are, also, a number of Probate papers in the Clerk’s Office for the Estate of Henry Miller. Georgia A. Miller is the widow of Henry Miller.

Partition: Plaintiff and Defendants are Tenants in Common of The Northwest ¼ of Section 20, Township 35 North, Range 13 East, except ½ acre out of the Northwest corner thereof used for Public School ground.

Order Book May 1900-March 1905

Pages 228-232 December 16, 1901

Miller, John E.

Upson, Jesse et al

Other Defendants: The unknown heirs of Jesse Upson, deceased, Mary D. Upson, and the unknown heirs of Mary d D. Upson, deceased, Elizabeth R. Upson, deceased and the unknown heirs of J. Elizabeth Upson, deceased, Cornelia Upson and the unknown heirs of Cornelia Upson, deceased, Julia Ann Upson and the unknown heirs of Julia Ann Upson, deceased, Mary Upson and the unknown heirs of Mary Upson, deceased.

Notice filed in the Auburn Dispatch to non-residents of the State of Indiana.

To quiet title of a part of the Southwest ¼ of Section 19 in Township 34 North Range 14 East.

Order Book May 1900-March 1905

Pages 547-551 October, 1904

Miller, John G. et al

Bentley, Stephen et al

Other Plaintiffs: Belle Miller Other Defendants: Unknown heirs of Stephen Bentley, Jacob Slayman, Mary Slayman (wife of Jacob whose Christian name is unknown) Unknown heirs of Mary Slayman, deceased. John G. Talbot and wife of John, whose true name is unknown and her heirs. Michael McGuire, Susan McGuire (wife of Michael and her unknown heirs)? Emerick, Mary Jane Boyer, Lucinda Wiltrout, Andrew Jackson Emerick, Peter a. Emerick Bertha M. Emerick and Vestal McClure.

Michael McGuire executed a mortgage March 1, 1847 to Stephen Bentley. Mortgage fully paid. Jackson
Emerick executed a Mortgage to George Emerick (administrator of the estate of George Emerick) on May 18, 1889. Fully paid. Notice to non-residents in the Auburn Courier August 11, 1904. Lucinda Wiltrout is in Steuben Co. W. W. Shapless as guardian ad Litem for Bertha M. Emerick and Vesta W. McClure?

Quit Title: Plaintiffs claim ownership of The South ½ of the Northeast ¼ of the South? ¼ of Section 30, Township 35 North of range 12 East and also 20 acres off of the 30 acres of West ½ of said Southeast ¼ Notices for Mortgages on property to be cancelled and clear title to Plaintiffs.

Complete Records 1906 Book 11

Pages 111-113

Miller, Manoah et al

Conklin, Charles K. et al

Other Plaintiffs: Cynthia Miller, Other Defendants: Mrs. Charles K. Conklin, their heirs, descendants, or married names

Notice of action published in the Auburn Dispatch, January 16, 1908.

Quiet Title: Plaintiffs claim ownership of the West ½ of 30 acres off of the North and the West ½ of the Northwest ¼ of Section 36, in Township 34 North, Range 13 East. Plaintiff asks the cloud covering the mortgages be released.

Order Book May 1900-March 1905

Pages 585-588, Also a part of page 530 March 6, 1905

Miller, Manuel

Shook, Jacob Et al

Other Defendants: (wife of Jacob Shook), Peter Shook and his wife, William Shook, ? Shoemaker, William Shoemaker, Nancy Bowman, Frank Shoemaker, and Minnie Doyle

Heirs of William Shook (who died intestate 190?- possible 1906) Jacob Shook, Peter Shook, William Shook, Mary A. Winebar and John Shook, his children. And Frederick B. Shoemaker, William Shoemaker, Nancy Bowman, Frank Bowman and Minnie Doyle, his grandchildren (children of Louise Shumaker) and ? Shook his widow who departed this life June 30, 1898.

Partition: Plaintiff says that William Shook, deceased was in possession of the East ½ of the Southeast ¼ of Section 17, Township 34 North of Range 15 East.

Order Book May 1900-March 1905

Pages 86-89

Moody, Orin S et al

Frank N. Larimore

Other Plaintiff: Beulah Moody, Other Defendants. Ralph S. Larimore

Frank N. and Ralph S. Larimore are non-residents of the State of Indiana

Plaintiffs claim ownership of: Lot 5 in the Southwest ¼ of Section 14 in Township 33 North of Range 12 East.

Order Book May 1900-March 1905

Pages 420, 422 May 18, 1903

Moody, Samuel

Lawson, Clarinda

Other Defendants James and Ferdinand Lawson

Andrew Lawson died and left surviving him his wife, Clarinda, Lawson and sons James, and R. Ferdinand Lawson. Notice to Non-residents published in the Auburn Dispatch May 28, 1903. All defendants are non-residents of the State of Indiana.

To cancel mortgage and quiet title; Plaintiff claims ownership to The south ½ of the Southeast ¼ and the East ½ of the Southwest ¼ all in Section 26 in Township 35, North of Range 14 East. June 7, 1861, Jacob Showalter then the owner of the above premises executed a mortgage to Andrew Lawson. Mortgage had not been released.

Complete Records 1906 Book 11

Pages 147-150

Murphy, Catherine E. et al

Kees, Lydia et al

Other Plaintiffs: Charles Murphy, Samantha Gillingham, Irving Gillingham. Other Defendants: Samuel Kees and Hattie E. Warrett

Charles Murphy is the husband of Catherine E. Murphy. Irving Gillingham is the husband of Samantha Gillingham; Samuel Kees is the husband of Lydia Kees. Notice to Sheriff of Richland County, Ohio to summon Hattie (Harriett) E. Warrett. Notice of action filed in the St. Joe News September 9, 1908.

Plaintiff and Defendants are tenants in common of a part of the Southwest ¼ of Section 15 in Township 33 North, of Range 14 East (a further description follows)

Order Book May 1900-March 1905

Pages 318-322 May 19, 1902

Newman, Chester A.

Hawley, Edwin H. et al

Other Defendants: Wife of Edwin H. Hawley (name unknown) Heirs of Edwin H. Hawley, Edward W. Fosdick, Hellen Fosdick (wife of Edward W. Fosdick) Elizabeth H. Fosdick, (wife of William A. Hosington) The Husband of Emily J. Hosington, The Wife of Calvin McM Leins, (name unknown) Frederick M. Keeste, Mary Keeste (wife of Frank) heirs of Frederick M. Keeste, David Knisely, wife of David Knisely, Heirs of David Knisely, Simon Stiefel, (wife of Simon), and Heirs of Simon Stiefel, John Winbaugh (wife of John Winbaugh) and Heirs of John Winbaugh

Claim: that on September 1865 John Winbaugh and Malinda his wife executed to Frederick M. Keeste a mortgage. On land. (Paid) Notice to non-residents published in the DeKalb County Herald (of Butler)

Quiet Title: Plaintiff claims ownership of The West middle part of Lot 6 and part of the North 2/3 of said lot 6 in Danforth’s Addition to the Town of Butler.

Complete Records 1906 Book 11

Pages 135-137 March 4, 1907

Olds, Loraine

McClintock, Jerry et al

Other Defendants: Jerry McClintock administrator of the Estate of Lafayette Olds, deceased, Jennie Whitman, William Whitman, her husband Perry Barton Olds, Della Mitchell, Clarence Mitchell her husband, Etta Belle Fry, Cyrus Fry, her husband, Clayton J. Olds, Ada Olds, his wife, Jason Olds and Dora Olds, His wife, Earnest Olds, Clarissa Olds, his wife, Mary Ramsey, Hayes Ramsey her husband, Lodema Searfoss, John Searfoss, her husband, Bertha Olds, and Flossie Olds, both nieces, Jefferson N. Boyle, Rebecca Hurlburt, Mr. Hurlburt, the husband of Rebecca Hurlburt, the descendants heirs, etc of the above parities.

Plaintiff is the widow of Lafayette Olds and his 2nd wife, says that her husband died intestate on or about October 12, 1906, leaving surviving him as sole heirs-at-law the plaintiff widow and the following children of his first wife who was the daughter and heir at law of one, Tudoe McCurdy (deceased) Jennie Whitman, Perry Barton Olds, Della Mitchell, Etta Belle Fry, Clayton J. Olds, Jason Olds, Earnest Olds, Mary Ramsey and Dana Searfoss: Children by 2nd wife Bertha Olds and Flossie Olds. Defendant Jefferson N. Boyle claims to have a mortgage given to secure a payment of a certain note by Lafayette Olds of which on March 11th, 1907 $69.45 was due.

Partition: 11/12 of all that part of the South ½ of the Southwest fractional ¼ of Section 16, Township 35 North of Range 15 East except 18 acres out of the Northeast corner of said tract (description follows) Also a part of the West ½ of the North lot of land described as a part of the West ½ of the Northwest 14 of Section 12 in Township 34 North of Range 14 East (A detailed description follows)

Order Book May 1900-March 1905

Pages 233-238 December 15, 1901

Olinger, John S.

Weaver, Hiram H et al

Other Defendants: Catherine A. Weaver, Isabella Weaver, Clara Kuhn, James C. Kuhn (husband of Clara), Beatrice Hoadley,? and her husband, Regina Weaver, Frank Weaver, Albert O. Weaver, Jane Weaver, William Weaver, Samuel Weaver, Margaret Weaver, Eli Weaver, William W. Spangler and Clara L. Spangler.

Isabella Weaver, Clara Kuhn, James C. Kuhn Beatrice Hodley and husband, are not residents of the State of Indiana. Notice in the Auburn Dispatch

Quiet Title to ten acres off the South end of the East 30 acres off the Northeast ¼ of the Southwest ¼ Section 25 in Township 34. North of Range 12 East.

Order Book May 1900-March 1905

Pages 74-79 October 1, 1900

Owen, Henry M et al

John B. Howe et al

Other Plaintiffs: Frank M. Owen Other Defendants: The unknown heirs of John B. Howe, deceased, Adolphus W. Blathner, Amos Hale, Hannah Hale, Marshal Hale (the unknown heirs of Marshall Hale, deceased, Ellen Hale

Non-residents are heirs of John B. Howe, Adolphus W. Blathner, the unknown heirs of Amos Hale. (Ellen Hale)

Plaintiff claim ownership of the north 1/3 of Lot 30 in the original town of Waterloo.

Order Book July 1900- Mar 1d905

Pages 552 and 553 October 3, 1904

Owens, Ollie

Lloyd, Mrs. Nellie (nee Nellie Sanderson)

Other Defendants, A. Lloyd (Husband of Nellie)

Charles and Florence Barnes executed a mortgage to A and Nellie (nee Sanderson) Lloyd in the month of Feb. 1881 (Recorded in Mortgage Book 16 Page 257) Nellie (Sanderson) was living in Bellville (??), County in Canada

Cancel Mortgage Record Plaintiff claims to be owner of Lot 8 and 2 in Ozmans Addition to the City of Garrett.

Order Book May 1900-March 1905

Pages 408-419 December 15, 1902

Packer, Melinda

Chambers, Robert Et al

Other Defendants: William Chambers, Administrator of the Estate of Robert Chambers, Deceased, Calvin D. Chambers, Charles Ray, Kraus, Calvin Ray Kraus (minor) Florence Hopkins and her husband Daniel Hopkins, Franklin Minich and his wife Cora Minich, William J. Minich and his wife Cora Minich, Mary Piersong? And her husband, William H. Piersong, Samuel B. Hadkins, and? Hadkins whose individual name is to the plaintiff unknown. Richard Hadkins and his wife? Hadkins, whose first name is to the plaintiff unknown, Melissa Ritter and her husband Jackson Ritter?

Robert Chambers above named died in DeKalb on December 15, 1902, the Father of Robert was James Chambers Sr, deceased. William Chambers and Melinda Packer are brother and sister. Robert Chambers died without children and was a bachelor. Elizabeth Minich was Elizabeth Chambers, a sister of Robert. (Florence Hopkins, Mary Piersong, William J. Minich and Franklin Minich children of Elizabeth Minich) Lucinda Hadkins was Lucinda Chambers, a sister to Robert. (Children of Lucinda Samuel B. Hadkins, Richard Hankins, and Melissa Ritter) Calvin D. Chambers was a son and heir of James Chambers, Jr. deceased. Charles Ray and Calvin Ray Kraus, children and heirs at law by their mother Florence Krause, deceased, sister of Calvin D. Chambers and daughter of James Chambers, Jr. Other sisters of Robert Chambers: Delilah, Catherine, Mary and Sarah died without issue. Sheriff of Noble County summons Melissa And Jackson Ritter. Notice to non-residents filed in the DeKalb county Herald March 2, 1903. Non-residents: Florence and Davis Hopkins, Franklin and Cora Minich, William J and Cora Minich, Mary and William Piersong, Samuel B. and Wife, Hadkins. Sale of Real Estate advertised in the Butler Herald March 20, 1903.

Partition: Robert Chambers was the owner of the Southwest ¼ of the Northwest ¼ of Section 15, and 20 acres out of the Northeast corner of the Southeast ¼ of Section 16 the same being the North ½ of the Northeast ¼ of the Southeast ¼ all in Township 34 North of Range 14 East. Land was entered to James Chambers, Sr. July 7, 1847 by Pres. Of U. S. Robert acquired title to said tract from Henry M. and Julia Whetsel by purchase March 24, 1859.

Order Book May 1900-March 1905

Pages 61-73, May Term 1900

Pearson, Emma J.

Melville W. Johnston

Other Defendant: Mary E. Johnston,

Mary E. Johnston owns a life estate to land and is 54 years of age. Sale of property and distribution of funds is included.

Plaintiff asks for sale of A part of lot 72 in the town of Auburn

Order Book May 1900-March 1905

Pages 306-309 May 19, 1902

Pepple, Anna J.,

Rockwell, Joel E. the unknown heirs of Joel E. Rockwell

Other Plaintiffs: George F. Pepple and William H. Pepple Other Defendants: Daniel Rockwell, the unknown heirs of Daniel Rockwell, William Rockwell, the unknown heirs of William Rockwell, John Handy Rockwell, the unknown heirs of John Handy Rockwell, Jonathan Rockwell, the unknown heirs of Jonathan Rockwell, Nancy Rockwell, the unknown heirs of Nancy Rockwell, Mary E. Espy, Loretta Moore, Stephen Rockwell.

Notice published in Garrett Clipper to non-residents: heirs of Joel E. Rockwell, Daniel Rockwell, William Rockwell, John Handy Rockwell, Jonathan Rockwell, Nancy Rockwell, Mary E. Espy, Loretta Moore, Stephen Rockwell

Plaintiffs claim ownership of the South ½ of the Northwest ¼ of Section 23 in Township 34 North of Range 13 East

Book

Pages

Plaintiff

Defendant

Other names mentioned

Miscellaneous Information

Land Involved

Complete Records 1906 Book 11

Pages 120-126 May 20, 1907

Platt, Gladys

Platt, Violet

Other Defendants: Richard B. Platt, Nellie Stroh and Nancy J. Murch

Sheriff of Steuben to summon Violet Platt. James E. Pomeroy appointed as Guardian ad litem for infant Violet Platt. Notice of sale of real estate published in the DeKalb County Herald August 26, 1907. In the Complaint the Sale and Distribution of funds is recorded.

Partition: Plaintiff and Defendants are tenants in common of the Southwest ¼ of the Northwest ¼ of Section 15, and the Southeast ¼ of the Northeast ¼ of Section 16, Township 35 North of Range 14 East.

Order Book May 1900-March 1905

Page 372-376

Powers, Arthur S.

Flagg, Azariah et al

Other Defendants: Wife of Azariah C. Flagg, (Christian name unknown), Franklin S. Baals, Charles K. Hawks, Wife of Charles K. Hawks (Christian name unknown), Unknown heirs of Charles K. Hawk, Edwin Fosdick, Elizabeth Fosdick

Heirs of Edward W. Fosdick: Edwin L. and Elisabeth H. Fosdick Notice to non-residents of State notified through the Garrett Herald on March 13, 1903.

The Plaintiff claims ownership of Lot 155 of the Original Plat of the town of Butler. Mortgage executed by Logansport and Indiana Railroad on June 5, 1854 to Azariah Flagg. Mortgage shows it is not canceled. On September 4, 1889 Sylvia Steward, widow, executed to Franklin Balls a mortgage on premises. On January 1866 Toledo Logansport and Northern Indiana Railroad O. executed to Charles K. Hawks a mortgage on Lot 155. On February 14, 1880 John and S. E. Hazlet executed a mortgage to Ernest N. Fosdick.

Complete Record 1913 Book 12

Pages 29-33 October 6, 1913

Price, Courtland R. et al

West, John et al

Other Plaintiff: Cora I. Price, his wife, Other Defendants: Martha West, William L. Merritts, William C. Merritt, Cynthia Merritt, William Johnston, Thomas A. Johnston, Hiram W. Johnston, Jane Johnston, and Elizabeth Johnston, The husbands, spouses, heirs, legatees, descendants etc to the above parties. Samuel D. Reeb and Lida L. Reeb his wife. F. W. Crook and Samuel Reeb

Mortgage executed September 14, 1863 by Miles E and Mary E. Chapman to William C. Merritt found in Book 4 Page 229 was paid in full. Mortgage executed February 27,1902 by Laura L and Robert N. Dukes to Samuel Reeb recorded in Book 51, Page 232 was paid in full. It is believed that the Reebs and Crooks are non-residents of the State of Indiana. Notice to Non-residents published in the St. Joe News October 30, 1913.

Quiet Title requested by the Plaintiff to clear the cloud over the deed to the East ½ of the Northeast ¼ of Section 31, Township 33 North of range 15 East.

Order Book May 1900-March 1905

Pages 423-426 May 18, 1903

Price, Mary L.

Price, Charles W. et al

Other Plaintiff: Robert Price: Other Defendant; Grace B. Price,

Mary L. Price is the wife of Robert Price; Charles W. Price is a son of the Plaintiff. Grace B. Price is the wife of Charles W. Price.

 

Quiet Title: Plaintiff is the owner of Lot 91 in Frothing ham’s addition in the original plot of the Town of Waterloo. Consisting of one dwelling and out buildings. Charles W. and Grace Price February 4, 1902 received a deed and on September 20, 1902 conveyed to Nettie Twinmiligan and on May 26, 1903 conveyed to Mary L. Price for her use.

Order Book May 1900-March 1905

Pages 95-100

Provines, James

Jane Prosser,

Other Plaintiffs Alexander Provines, Other Defendants Henry Prosser

 

Plaintiff and Defendants are Tenants in Common of:: The West ½ of the Southeast ¼ of Section 9 in Township 33 North of Range 13 East.

Order Book May 1900-March 1905

Pages 368-371 March 2, 1903

Rakestraw, George et al

Lilley, Wesley et al

 

 

 

 

 

 

 

 

 

 

See also Jackman, Norman T.

Other Plaintiffs Elverta Rakestraw. Other Defendants: Unknown heirs of Wesley Lilley, deceased, Unknown heirs of Mary Ann Lilley, deceased, Unknown heirs of John D. Phoenix, deceased, Unknown heirs of Francis M. Babcock, deceased, Unknown heirs of Anna Eliza Babcock, deceased, Unknown heirs of John Babcock deceased, Unknown heirs of Alice C. Babcock, deceased

Defendants are non-residents of the State of Indiana. Notice published in the Auburn Dispatch February 12, 1903.

Quiet Title Plaintiff claims ownership of The Southwest ¼ of the Northeast ¼ of Section 34 in Township 34 North Range 13 East. On October 12, 1853 William Clark owned the land and executed a mortgage to the defendants John Phoenix, Francis and John Babcock.

Complete Record 1913 Book 12

Pages 41-43

Ralston, George et al

Brainard, Minoris S. et al

Other Plaintiffs Nettie E. Ralston, Hadessa Ralston Other Defendants: Adaline Brainard (wife of Minoris, Francis D. Hogue, and his wife Mary Ann, Orpha D. Hogue and husband, Mary A. Hogue and her husband, Mr. and Mrs. John Miller. Mr. and Mrs. Joseph Stroup, Mr. and Mrs. Joseph Strouse, is Elizabeth Crabbs and her husband, John K. Evans and his wife, Barbara B. Evans and her husband, Thomas Lung, Mr. and Mrs. James Reynolds, Frank Reynolds, Mary A. McDowell, Hadessa Ralston, William Lyons, John Lyons, David Lyons, Rachel Burtzner, Nelson E. Miller, William Miller, Frank Miller, Della Boren, Sarah Hixon, Forest Hixon, Mable Hixon, Tula Hixon Rhodes. The spouses, children, heirs, descendants etc of the above named parties.

Mortgage executed by Francis D. Hogue to Minoris S. Brainard on October 16, 1847 recorded in Mortgage Book 1, Page 129. Mortgage executed March 29, 1850 by Francis And Mary Ann Hogue to Orpha A. Hogue recorded in Mortgage Record 1 Page 284. Mortgage executed Nov 1, 1845 by Isaac and Elizabeth Husang to John Miller Mortgage Book 1 Page 31, Mortgage executed October 14, 1872 by Noah and Sarah Catherine Lung to Joseph Strouse, Recorded in Mortgage Record 9, Page 495 . Mortgage assigned by Joseph Strouse to Elizabeth Crabbs and then to John K. Evans. Mortgage executed October 18, 1873 by Noah and Catherine Lung to Thomas Lung Recorded in Record 10, Page 54 , Mortgage executed November 29, 1878 by Noah and Catherine Lung to James Reynolds Recorded in Mortgage Record 14 Page 128. Frank Reynolds, Mary A. McDowell, Hadessa Ralston, William Lyons, John Lyons, David Lyons, Rachel Burtzner, Nelson E. Miller, William Miller, Frank Miller, Della Boren, Sarah Hixon, Forest Hixon, Mable Hixon, Tula Hixon Rhodes are all the living heirs of James, Reynolds, deceased. Notice to non-residents published in the Auburn Courier, December 1, 1916. Summons was issued to the Sheriff of Kosciusko County for William Lyons and Nelson F. Miller.

Quiet Title to clear the cloud on the East ½ of the Southeast ¼ of Section 20 and the West ½ of the Southwest ¼ of section 21, Township 33 North, Range 12 East.

Complete Record 1906 Book 11

Pages 86-87

Rempis, Theodore

Newman, Almeron

Other Plaintiff: Elva Rempis, Other Defendants: (wife of Almeron Newman, and their unknown Heirs. Administrators of Almeron Newman and his wife.)

Notice of Action Published in the Waterloo Press. January 24, 1907. Defendants three times called and in default.

Clear Title Plaintiffs claim ownership of The Northeast ¼ of Section 32 in Township 35 North of Range 13 East containing 160 acres more or less.

Complete Record 1913 Book 12

Pages 72-76 December 15, 1919

Reynolds, Frank E. et al

Steifel, Joseph et al

Other Plaintiffs: Laura R. Darby and Alzien M. Good. Other Defendants: Michael McLauglin and their unknown wives or widows, children, heirs, legatees etc.

Mortgage executed January 5, 1872 by Frank & Lucy Reynolds to Michael McLaughlin and recorded in Record 9, Page 35 and 36 to be discharged and title cleared.

Quiet Title to the Northeast ¼ of Section 12 in Township 34 North, Range 14 East., excepting there from the portion lying north of the South line of the right of way of the New York Central Railroad Company.

Complete Record 1906 Book 11

Pages 77-85

Rich, A. J.

Newman, Christian et al

Other Defendants: Gabriel Newman, Lemuel Newman and his wife or widow, James D. Paine, John Embry, Martha Embry, if said defendants are living,

August 25, 1841 Christian Newman assigned to Lemuel Newman all rights. Also August 25, 1841 Robert Work, School commissioner conveyed to Lemuel Newman a section of property (A full description of owners follows)

Plaintiff claims ownership of The northeast ¼ of Section 16, Township 33, North of Range 12 East, except the right of way of the Vandalia Railroad Co. (full description follows in the complaint).

Order Book May 1900-March 1905

Pages 554-563 October 3, 1904

Richey, Druzella and as guardian of Vera Stroh a minor, heir of Ambrose Stroh, Deceased

Denison, Amanda,

Other Defendants: Cornelius W. Stroh, Delia Braun, Caroline Denison, Maggie Eberly and Jennie Chamberlain.

Notice of Sale of Real Estate was published in the Waterloo Press November 17, 1904.

Partition: Plaintiffs and Defendants are tenants in Common of: the East ½ of the Northeast ¼ of Section 15 containing 80 acres more or less also 25 acres a part of the Southwest ¼ of the Northeast ¼ of Section 15 bounded by a line commencing at the Southeast corner of said Southwest ¼ running from thence West 65 rods thence North 61 ½ rods thence East 65 rods and thence 61 ½ rods to the place of beginning in Township 34 North of Range 13 East.

Complete Record 1906 Book 11

Pages 64-74

Riser, Amanda

Garber, Benjamin

Other Plaintiff: George Riser, Other Defendant: Rebecca Garber, Mahalia Theibolt, Phillip Theibolt, Clara Greenawald, John Greenawald, Ida Keller, Frank Keller, Lizzie Greenawald, Charley Greenawald, Cashus Garber, Lena Garber, Mattie Rose, Albert Rose, Jerry Garber, Adolphus G. Jones.

Death of William Garber (he died February 10, 1906) left the Plaintiff and the defendants, Benjamin Garber, Mahalia Theibolt, Cara Greenawald, Ida Keller, Lizzie Greenawald, Cashus Garber, Mattie, Rose and Jerry Garber, his children as his only heirs. On April 1906 Benjamin Garber and his wife Rebecca by their deed of that date conveyed to Adolphus G. Jones all their rights. Sale of Property and distribution of funds are included. Joseph Wiley was guardian of Jerry Garber. Sale of land and distribution of funds included in this complaint.

Partition: William Garber, (died February 10, 1906 intestate) deceased was in his life in possession of The Northeast ¼ of Section 32 in Township 35 North Range 15 East, Except 42 acres off the North side.

Complete Record 1906 Book 11

Pages 90-91 May 20, 1907

Rosenberry, Winfield,

Cleveland (Wife of Cyrus Cleveland

Other Plaintiffs: Melvina Rosenberry Wife of Winfield, Other Defendants (heirs of Mrs. Cyrus Cleveland), Wife of Philip Shull, and unknown heirs, Mrs. William McEntarfer and unknown heirs, Wife of Simon Helwig and unknown heirs.

Notice published in the Waterloo Dawn on January 8, 1907. Defendants three times called and in default.

Plaintiff claims ownership of Lots 146, 162, 163 in Frothinghams & Hornbergers section of the Original Town of Waterloo.

Order Book May 1900-March 1905

Pages 310-317 May 19, 1902

Shafer, Norman

Shafer, Nancy

Other Defendants Adelia E. Shafer, Alda V. Abel, Ralph Waldo Shafer

Plaintiff claims that Ralph Waldo Shafer is a non-resident of Indiana and believes he is a resident of Cassopolis in Cass County, Michigan.

Plaintiff claims that on April 30, 1899 John F. Shafter of DeKalb died intestate and was the owner of East ½ of the West ½ of Northeast ¼ of Section 21, in Township 33, North of Range 13 East. Plaintiff claims that said decedent left as his only heirs at law, Plaintiff who is his brother and Nancy J. Shafer, Alda V. Abel Adelia E. Shafer, his sister and Waldo Shafter the only child. of Henry, deceased who was a brother of John F. Shafer.

Order Book May 1900-March 1905

Pages 383-390 March 2, 1903

Shank, Rebecca

Holbrook, Margaretta et al

Other Defendants: Anna Holham, Margaret E. Holbrook, guardian of Anna Kelhan, a person of unsound mind, John Stonestreet, George Stonestreet, John Stonestreet, guardian and Trustee of George Stonestreet, a person of unsound mind, Julia Stonestreet.

 

Partition: The Plaintiff claims to be the owner of Lots 1 & 12 in the original plat of the Village of Cedar Creek in Butler and lots 13, 14, 15, 16, & 18 in Stonestreet addition to said village, also the West ½ of the Northwest ¼ of Section 20, Township 33 North of Range 12 East. (railroad exception)

Complete Record 1906 Book 11

Pages 92-94 December 17, 1907

Sherman, Charles E.

Ryan, Bridget et al

Other Defendants, John Ryan, Bridget Riney, John Riney, The children, descendants and heirs at law of the Surviving spouse, the creditors, and Administrators of the estate, the devisees, legatees and executors of the last will and testament respectively of each of the following named defendants to wit: Bridge Ryan, John Ryan, Bridget Riney, John Riney, the names of all of whom are unknown to the Plaintiff. Etc.

On October 17, 1874 Biggs D. and Mary Thomas executed a mortgage to Bridget Riney Mortgage (Record Book 10 page 395.)Plaintiff needs the records to show mortgage was paid and title is clear. Notice of action Published in the Auburn Dispatch January 3, 1907.

Plaintiff claims he is owner of the Southeast ¼ of the Northeast ¼ of Section 33 in Township 34 North, Ranges 12 East (description follows)

Order Book May 1900-March 1905

Pages 353-358 October 6, 1902

Showalter, Edwin

Cheney, Ella

Other Defendants: James Scoville, Charles F. Scoville, Camelia R. Ball, Leo S. Ball, George W. Twitchell, Clyde Twitchell, Cora Jeffery Cora Lewis, Bertha Keiss, Margaret Cummings, Grather DeVilbuss, Helen Baxter, Ottoman V. Baxter, Naomi Parks, and Rilla Duncan,

Heirs of Mortgage: Ella Cheney, Charles F. Scoville, Cornelia A. Ball (and minor son Leo S. Ball) George Twitchell, (husband of Laura, deceased and daughter of Samuel W. Scoville.) and her children Clyde Twitchell, Cora Jeffrey, Cara Lewis and Bertha Keiss. Heirs of Alexander DeVilbuss: Margaret Cummings (his widow), and his son Grather DeVilbuss, Daughter Bertha DeVilbuss, A. J. Baxter died about May 1893 intestate and his heirs are: Hellen Baxter, and her children Ottoman Baxter, Naomi Parks and Rilla Duncan. Notice to non-residents published in the Butler Record: Sheriffs in St. Joseph County (Naomi Parks), Steuben County (Ella Cheney, George W. Twitchell, Clyde Twitchell and Cora Lewis), and Marion County (Margaret Cummings, & Della DeVilbuss, Grather

DeVilbuss serve summons.

Quiet Title: Plaintiff claims ownership of Lot 225 in Egnews Addition to the Town of Butler. On December 18, 1868 John Blaker owner of lot executed a mortgage to Samuel W. Scoville, Mortgage paid in full but mortgage never released mortgage and now is deceased.

Further November 13, 1883 George and Alminra Cummings owned the land and made a mortgage to Alexander DeVilbuss (fully paid) Mortgage also to A. J. Baxter.

Complete Record 1913 Book 12

Pages 48-51 June 18, 1918

Showalter, Ross et al

Wilbur, Albert et al

Other Plaintiff: Hazel Showalter, Other defendants: Ira Allen, Rudolph Seigler, John Morris, William H. Dils, William H. Dills, The unknown spouses, children, heirs, etc of the above named parties.

A certain Mortgage executed September 28, 1861 by Ransom Monroe to John Morris and William H. Dils recorded in Mortgage Record book 3 Page 481, is fully satisfied.

Quiet Title, on the West ½ of the Northeast ¼ of Section 32 in Township 34 North Range 14 East, excepting there from ten acres in a square from in the Northeast corner thereof to be cleared for recording.

Complete Records 1906 Book 11

Pages 172-177 May 21, 1906

Shull, Francis A. et al

Marvin, Elisha, et al

Plaintiff is the guardian of Harry C. Shull, Minor heir of C. Kelley, deceased, Other Defendants: Guy Marvin, E. B. Marvin, Unknown heirs of Elisha Marvin, deceased, Martha Kelley, Alice Bowman, Adella Haverstock, Amy R. Haverstock, Clementine Gonser, Children of Martha Kelley, George Marvin, Amy Dell, Marvin and Grace Marvin, daughter of George Marvin, Bessie Marvin, Unknown heirs of Bessie Marvin, deceased, Angie Marvin Fowler, unknown heirs of Angie Marvin Fowler, Amy Kelley, Walker Kelley and unknown heirs of Amy R. Kelley, deceased. Lloyd Gonser, Lenora Gonser and Clara Marvin.

There is a Will (partially burned) for Amy R. Kelley in Will Book 4, Pages 21, 22, 23, and 24. Harry C. Shull is the grandson of Amy R. Kelley. Elisha Marvin is her brother. Martha Kelley is her sister. Carrie Kelley is her daughter. Brother George, C. M. Phillip appointed guardian ad litem for Walker Kelley. Sheriff of Steuben County to summon Clementine Gonser, Lloyd Gonser, Lenora Gonser. Notice of action published in the Auburn Courier on August 2, 1906. Court finds defendants to Clementine Gonser and may R. Kelley are deceased.

Plaintiff claims Harry C. Shull is owner of 80 acres off of the North side of the Northwest ¼ of Section 29 in Township 35 North, Range 13 East. Plaintiff asks for a clear title to the land.

Order Book May 1900-March 1905

Pages 329-338 May 19, 1902

Shutt, Lenora

Shutt, John

Other Plaintiffs Mary Ann Watters, Elizabeth J. Davis, Scudder E. Shutt

Other Defendants Lewis C. Shutt, Calvin S. Shutt, commonly called Bert Shutt, George Shutt, Victor Shutt, Sylvia Furnish, Andrew Shutt, Marion Shutt, Melvin Neldon Shutt, Elmer Shutt, Carrie Keesler, and Bertha Shutt

Allen County summons John Shutt State of Washington, County of Chilides to summon Calvin N. Shutt. Guardian appointed for Melvin Weldon and Bertha Shutt.

Note there is a Will for a John Shutt in Will Book 2 &3, Pages 328 and 329. It mentions a son Lewis Cass Shutt, and other Children, Mary An Waters, Andrew J. Shut, And Elizabeth J. Davis. His wife was Elizabeth Shutt. This will as singed June 4, 1897.

Partition: Plaintiffs and Defendants are owners in common of The South 1/3 part of the East ½ of the Northeast ¼ of Section 34 in Township 33 North of Range 14 East. Notice of Partition

Order Book May 1900-March 1905

Pages 159-164, Also some on page 168, also page 174, 186 Also Pages 209, 222, Pages 238, 241, 273, 283, 298, 382, 396

Smith, E. Emilina

Smith, John C., et al

Martin F Smith, Lucy Smith, Mary Jane Husselman, Phoebe Smith, Henry Smith, Charles Reed, Blanche Reed, Maybelle, Daisy Reed,

Notice published in the DeKalb
County Herald. Henry Smith died October 31, 1900 and on February 18, 1904 John B. Hawkins was appointed Administrator of his Estate. He left surviving him: Martin V. Smith, John Smith, Henry Smith, Lucy Smith, Phoebe Smith, Charles and Blanche Reed, Mary Jane Husselman, Orrin Smith, Elva Smith and the Plaintiff E. Emilina Smith, his widow.

Quiet Title to the Northwest ¼ of the Southwest ¼ and the West ½ of the Southwest ¼ all in Section 35, Township 35, North of Range 14 East.

Order Book May 1900-March 1905

Pages 181-186 October 7, 1901

Smith, Lavina

Smith, Frank,

Other Defendants: Smith, Edith, Goodwin, Doretha Goodwin, David, Dilgard, Simon A (Guardian of Maude Smith, minor heir of William Smith) Henry Schuster administrator of William Smith estate.

Daniel Goodwin and Edith Smith have no interest in the land. Henry Schuster has not interest except as Administrator/

Defendants and Plaintiffs are tenants in common of the West ½ of the Southeast ¼ of Section 30 in Township 35, North of Range 13 East.

Complete Records 1906 Book 11

Pages 178-184 Marc 3, 1913

Smith, Mary M. et al

Farmer’s Bank of Auburn, Indiana

Other Plaintiffs: Theodore A. Smith, Daniel K. Smith and Lincoln M. Smith

On March 8, 1883, Andrew Smith who was owner of the land being in debt to the defendant bank executed a mortgage on said real estate. (Mortgage recorded in volume 17, pages 571 and 572) See also Volume 18, page 296) Andrew Smith paid in full. Mortgage needs to be stated as satisfied and title cleared.

Plaintiff claims that they are tenants in common of 73 acres off the Southside of the Southwest ¼ of Section 1, Township 33 North of range 12 East. Also the Southwest ¼ of the Southeast ¼ of same section, township and range, except the southwest corner thereof used for school purposes. (Ft. Wayne and Jackson Railway now controlled by the Lake Shore and Michigan Southern R.R. has a right of way)

Order Book May 1900-March 1905

Pages 397-407 May 19, 1902

Speer, Isaac et al

Cotrill, Mary C et al

Other Plaintiff: Phoebe Speer, Other Defendants: Myrtle Cotrill, Robert Grant Cotrill, Charles O. Speer, Emma Speer, Cora Speer, John Speer, Della Grambling, Frank Grambling.

Non-residents: Mary C. Cotrill, Myrtle Cotrill and Robert Grant Cotrill. Emma Speer is the wife of William Speer, Cora Speer is the wife of John Speer and Frank Grambling is the husband of Della Grambling

Partition of the East ½ of the Northwest ¼ of Section 25 and West ½ of the West ½ of the Northeast ¼ of Section 25, Township 34 North of Range 13 East. Containing 125 acres more or less.

Order Book May 1900-March 1905

Pages 246-254 March 3, 1902

Spindler, Laurel, et al.

Spindler, Ida May et al

Other Plaintiff’s Nora A. Spindler (wife of Laurel Spindler, Genora Rowe, David Rowe (husband of Genora) and Franklin Spindler

Other Defendants: Almira Mortimore, Michael Mortimore (husband of Almira), Nannie Landis, & David Landis (husband of Nannie Landis)

Nicodemus Spindler (unmarried) owner of real estate died Feb.? 1902 intestate leaving surviving as his sole and only heirs (children) Genora Rowe, Franklin Spindler, Ida May Spindler, Almira Mortimore and Nannie Landis. Nora A. Spindler is the wife of Laurel Spindler Sheriff of Cass County to summon Ida May Spindler Charles E. Emanuel appointed guardian ad litem for Ida May Spindler, non Coupas.

Partition of the Northeast ¼ of Section 24 in Township 35 North of range 12 East containing 160 acres more or less.

Order Book May 1900-March 1905

Pages 538-540 December 1904

Springer, Lydia

Moore, Benjamin L.

Other Defendants: Unknown heirs of Benjamin L. Moore

The Defendants are not residents of the State of Indiana. Notice filed December 1, 1904 in Auburn.

Quiet Title. Plaintiff claims ownership of the Northwest ¼ of the Northeast ¼ of the Northwest ¼ of Section 13, Township 33 North of Range 13 East.

Order Book May 1900-March 1905

Pages 471-475 May 1903

Sprott, Thomas H.

Williams Eliza et al

Other defendants: Rachel McIntosh, Rhoda Whitman, Sarah A. Brown, Mathew Brown (if living, otherwise his unknown heirs) Silas McGowan, William McGowan, Catherine Knepper, Ida Coats, A. Styles, Ottie, Bailey, Archibald McGowan, Franklin Golden, Bessie Simpson, May Golden, Marion M. Golden, James F. Golden, Blanche Anderson, Celia A. Peterson

All of Defendants are non-residents of the State of Indiana, except Sarah A. Brown, Catherine Knepper, Rachel McIntosh, Eliza Williams and Silas McGown. It is believed that Mathew Brown is deceased. Notice to Non-residents published in the Auburn Courier May 28,1903.,

Partition Defendants and Plaintiff are tenants in common of: The southeast ¼ of the Southwest ¼ of Section 35 Township 34 North Range 13 East, except 5 acres of the North set off to Christopher C. Shafer in a partition preceding.

Order Book May 1900-March 1905

Pages 274-283 December 16, 1901

Stewart, Carrie B.

Stewart, Ulysus G. et al

Other Defendants Eleazer E. Headley, Eva A. Headley

Ulysus G. Stewart is a non-resident of the State of Indiana. Notice filed in the Waterloo Press.

Eleaser E. Headley is deceased and Eva A. Headley is Administratrix of his estate. Headly estate notified by Sheriff of Wescostat County, Michigan. (Carrie B. and Ulysus Stewart were husband and wife. Headleys had a mortgage by Grant C. Stewart. Plaintiff and defendant Ulysses Stewart are joint owner except by decree of divorce has changed the interest of the Plaintiff. Ulysses G. Stewart is not a resident of the State of Indiana.

Partition of: 18 acres more or less off of the South end of the West ½ of the Southwest ¼ of Section 30 Township 33 North or range 15 East.

Order Book May 1900-March 1905

Pages 187-189 October 8, 1901

Stonebraker, John

Jackson, James M.

Other Plaintiff: Rosa Stonebraker

 

To Clear Title to 40 acres of land off the South side of the Southeast corner of Section 23 in Township 34 North Range 13 East.

Complete Records 1906 Book 11

Page 138-146 October 5, 1908

Straus, Simon J.

Trump, Anna et al

Other Defendants, Clara B. Kuhn, Beatrice Hoadley, Horace G. McDowell, Adam C. McDowell, Kearns McDowell Elizabeth Trump, Jacob C. Trump, Silas-Taylor Trump, Anna Trump, Enos Weaver, Clara B. Kuhn, Beatrice Hoadley, Catharine Weaver, Lucy Ann Welty, Henry McDowell, James McDowell, Jessie H. McDowell, Horace G. McDowell, Adam C. McDowell, Ana Kearns McDowell, All heirs, spouses, etc of the above.

Mortgage executed April 1, 1867 by Lewis & Lydia Spangler to Jacob L. Trump. Recorded in Mortgage book 6 Page 102.

Quiet Title: Owner claims ownership of The South ½ of the Southeast ¼ of Section 19, in Township 34 North, Range 13 East, Containing 80 acres. Plaintiff requests a clear title to be established.

Complete Records 1906 Book 11

Pages 95-97 May 20, 1907

Straus, Simon J.

Vangilder, Jeremiah et al

Mrs. Jeremiah Vangilder, Nancy Vangilder, all their heirs, etc

Mortgage April 20, 1852 by John and Susannah Hilkey to Jeremiah Vangilder has been paid. (These persons and their heirs are deceased and the cloud over the deed needs to be cleared) Deed to the Plaintiff on April 16, 1907 by George and Emma Neirot and George Lewis and Sarah Esselburn recorded in Volume 74 Page 192 (Recorder’s Office) Notice published in the Auburn Courier June 20, 1907.

Quiet Title. Plaintiff claims ownership of The South ½ of the Northwest ¼ of Section 35, Township 33 North of Range 13 East. Containing 80 acres.

Complete Record 1913 Book 12

Pages 91-97 April 20, 1920

Strong, George L. et al

Furgason, David et al

Other Plaintiffs: LuReign T. Strong, and Hugh S. Strong Other Defendants: James Furgason, Mariah Furgason (wife of James), James Lytle, Minevra Lucinda Lytle (wife of James) Robert Brackenridge, Alexis Coquillard, Francis Comparet, Absalom Holcomb, John Majors, Marshall S. Wines, Lewis G. Thompson, Richard L. Britton, John B. Bourn, Francis D. LaSalle, Jr., Zenar Henderson, Thomas W. Swinney, George Crawford, William Rockhill, James Shirley, Henry Work, Hugh McCollough, Thomas Smith, John Pickerell, John H. Klinger, Thomas T. Smith, Joseph L. Swinney, The unknown beneficiaries under a certain mortgage dated July 3, 1840 and recorded in Mortgage Record B Page 230.

That the mortgage and debt secured be cleared and discharged on mortgage executed July 3, 1840 by John Spencer to Francis Comparet, Absalom Holcomb, John Majors, Marshall S. Wines, Lewis G. Thompson, Zenar Henderson, Thomas W. Swinney, William Rockhill, Hugh McCollough and John Klinger as recorded in Mortgage Record B Page 230.

Quiet Title of The Northeast fractional ¼ of Section 14 in Township 33 North Range 14 East also that part of the east ½ of the Northwest ¼ of Section 14, Township and range aforesaid lying North of the St. Joseph River.

Order Book May 1900-March 1905

Pages 531-533

Teeters, Samuel S.

Bennett, Asa

Other Plaintiffs; Andrew J. Little, Other Defendants: Unknown heirs of Asa Bennett, S. Redelsheimer (and unknown heirs), Lewis W. Putt (and unknown heirs), Alfred H. Putt (and unknown heirs),
Andrew Loyd (and unknown heirs), Mary Ellen Loyd (and unknown heirs), Fanny G. Stickney (and unknown heirs) and unknown heirs of Andrew T. Sanderson.

Notice to Non-residents Asa Bennett, S. Redelsheimer, Lewis W. Putt, Alford H. Putt, Andrew Loyd, Mary Ellen Loyd, Fanny G. Stickney, Andrew J. Sanderson and their unknown heirs. Notice published in the Garrett Clipper

Quit Title. Plaintiff claims tenant in Common with Defendants of the East 45 feet of lots 1, 3 in Bock 25 in the original city of Garrett

Order Book May 1900- 1905

Pages 447-465 March 3, 1902

Teutsch, Eugene et al

Teutsch, Christian et al

Other Plaintiffs Sarah Olds, Eugene Teutsch, George E. Teutsch, Gertrude Davis, Charles Davis, Other Defendants: Almira Teutsch, Mary Tomlinson, Thomas H. Tomlinson, Detie Tomlinson

The Will of Michael Teutsch is used as a document in this complaint. (Can also be found in Will Book 2 & 3 Pages 376 and 377.) Christian Teutsch is a son of Michael. Daughters: Sarah Olds, Mary Tomlinson and Detie Tomlinson., George Teutsch, a son who is deceased. (His children Eugenia Teutsch, Ed Teutsch and Gertie Teutsch.)

Asking for Partition: Plaintiffs claim that they are owners as tenants with Christine Teutsch, Mary Tomlinson, and Detie Tomlinson. Of 24 acres more or less of the North side of the Northwest ¼ of the Northeast ¼ of Section 10 in Township 34 North range 14 East located in Steuben Co. IN.

Civil Order Book July 1900-Mar. 1905

Pages 1-24 May 21, 1900

Teutsch, Peter

Teutsch, Peter Exec. Et al, See also Teutsch, Christian

Other Defendants: Executor of Michael Teutsch Estate, Sarah Olds, Eugene Teutsch, Edward Teutsch, Gertie L. Davis, Charles Davis, Christian Teutsch, Mary Tomlinson, Thomas H. Tomlinson and Dotie Tomlinson

Copy of Will for Michael Teutsch included. Son Peter, Grandchildren Eugene, Ed and Gertie, Daughter Sarah Olds.

Partition to sell real estate. Lot 7 in Block 8 in the Town of Ashley in Steuben County, also lots 23, 26 in Danforth’s addition and Lots 43 and 44 in Lingenfelher second addition and the East ½ of lots 18 and 19 in the original plat of the town of Butler.

Order Book May 1900-March 1905

Pages 348-352 October, 1902

Teutsch, Peter

Veeley, John C.

Other defendants: Hattie Peters, Rosa Norris, Hellen Turner, Isaac N. Veeley, James Veeley, George Veeley, John Veeley, Con. Veeley, Ella Nelson, Vivian Starks, Della Veeley, Charles W. Tomlinson, Daniel H. Tomlinson, J. Nelson Williams, Sylvester Williams, Unknown Heirs of William Smith, Sarah Smith, The unknown heirs of Conrad Lillie, and the unknown heirs of John L. Norton, Ella Eldon, John Smith, Sarah Smith John L Norton and Conrad Lillie.

Heirs of John Nelson: John C. Veeley, Hattie Peters, Rosa Norris, Hellen Turner, Isaac N. Veeley, James Veeley, George Veeley, John Veeley, Con. Veeley, Ella Nelson, Vivian Starks, Della Starks, Charles W. Tomlinson, Ella Edon, J. Nelson Williams, Sylvester Williams. Conrad Lillie is deceased. William and Sarah Smith (husband wife) are deceased. Notice to non residents of Indiana published in the Auburn Dispatch (Aug. 21, 1902) Sheriffs of Elkhart and Adams Counties answered for summons in his area.

To reduce lien on a Quiet Title In relation to mortgage executed by J. W. Palmerton to John Nelson on February 7, 1852. Plaintiff claims he owns The West ½ of the Southeast ¼ and the East ½ of the Southwest ¼ all in Section 23 in Township 35 North of Range 14 East.

Order Book May 1900-March 1905

Pages 377-382 in the year 1902

Treesh, Charles P.

Treesh, William D. et al

Other Defendants: Caroline Rufner, Henry Treesh, Sarah Stickley, Daniel Treesh, Matilda Phillips, Joe Treesh

William Treesh, and Matilda Phillips are non-residents of Indiana. Notice published in the Auburn Dispatch January 22, 1903.

Partition:

Plaintiff claims that he and defendants are tenants in common of The West ½ of the Northeast ¼, 15 acres off of the West side of the Southeast ¼ of the Northeast ¼ of the Southeast ¼ of the Northwest ¼ and the South ¼ of the Northeast ¼ of the Northwest ¼ all in Section 16, Township 34 North of Range 12 East. (150 acres of land)

Order Book May 1900-March 1905

Pages 210-214 December 16, 1901

Truit, Joseph

Squires, Isaac J

Other Defendants: Mary J. Squires (Squier?)

Anna Truit Estate involved.

Property in Jackson Township. In Will Book 4 Pages 149, 150 there is an Election of Joseph Truit in regards to Anna M.

Partition of the undivided 1/3 of a part of the Northeast ¼ of Section 5, Township 33 North, Range 13 East.

Order Book May 1900-March 1905

Pages 504-510 December 1903

Urey, John M. et al

Stom, Daniel et al

Other Plaintiffs: George H. Urey. Other Defendants: Voyd Stom, Ray Stom, Cora Long, Harold Urey, Clarence Urey and Martha Urey.

Willis Rhoads appointed guardian ad litem of minor children: Voyd, Harold, Clarence and Martha Urey, also, Ray Stom. Sale of Property advertised in the Auburn Dispatch January 18, 1904.

Partition: Plaintiff and Defendants are tenants in common of: The West /2 of the Northeast ¼ of Section 23 in Township 35 North of Range 12 East.

Order Book May 1900-March 1905

Pages 578-580 December 19, 1904

Varner, Metta

Thomas, (Wife of Henry Thomas, whose Christian name is unknown

Other Defendants: Lemuel C. Paine, (his wife, whose Christian name is unknown) Heirs and Legal representative of Lemuel C. Paine

Notice of action published in the DeKalb County Herald December 31, 1904. In Mortgage book 14, Page 36 a Mortgage was recorded showing that Lemuel C. Paine held a mortgage of land

Quit Title. Plaintiff claims ownership of the West ½ of the Southeast ¼ of Section 20, in Township 34 North of Range 14 East.

Complete Record 1906 Book 11

Pages 38-42 March 5, 1906

Wagner, Clarence

Firestone, Clyde et al

Other Defendants: Lottie McClellan, Thomas McClellan, Anna C. Singer, Albert H. Singer, Elva Richards, Walter Richards, Daniel Firestone, Catharine Albright, Mary May, Frank Albright, Julia Wiler, Jane Collins, Eva Albright, Leslie Albright, Chester Albright, Elmer Albright, Cora Lower, George Albright, Charles Albright, Ann Rorabaugh, Ella Brown, Unknown heirs, devisees and Legatees of Henry Albright, deceased. Mrs. Henry Albright (widow of Henry Albright, whose true Christian name is unknown) Unknown Heirs, devisees and legatees of Clyde Firestone, deceased. Mrs. Clyde Firestone (whose Christian name is unknown)

Plaintiff claims that the other defendants claim some title to interest in or lien upon the property. To with that on the 3rd day of June 1872 Daniel Firestone executed a mortgage to Joseph Albright. (Mortgage Book 9, Page 343) Joseph Albright died intestate leaving surviving him: Mary May, Frank Albright, Julia Wiler, Jane Collins, Eva Albright, Leslie Albright, Chester Albright, Elmer Albright, Cora Lower, George Albright, Charles Albright, Ann Rorabaugh, Ella Brown and Henry Albright (deceased) Notice to non-residents of the State of Indiana published in the Butler Record April 6, 1906. Residents of DeKalb County: Catharine Albright, Mary May, Frank Albright, Julia Wiler, Jane Collins, Eva Albright, Leslie Albright, Chester Albright, Elmer Albright, Cora Lower and Ella Brown. (Leslie and Chester Albright are minors and Daniel M. Link is guardian ad litem. On August 9, 1871 by judgment and decree one Catharine Albright recovered $5,000 against Joseph Albright who at that time owned the land.

Quiet Title and Partition: Plaintiff complains of the defendants Lottie (whose husband is Thomas) McClellan, Anna C. Singer (husband Albert H.) and Elva Richards (husband Walter) and he are tenants in common of the North ½ of the Southeast ¼ of Section 26 in Township 34 North of Ranges 14 East.

Order Book May 1900-March 1905

Pages 544-546 October 1904

Warner, Elmira

Shumaker, David A. et al

Other Defendants: Unknown heirs of David Shumaker, Jonathan Hall and his unknown heirs, Frank Smith and his unknown heirs, Joshua Kelley and his unknown heirs, Orlanda A. Smith and his unknown heirs. Mary Shuman (unknown heirs), George T Trout, Wife and unknown heirs of George T. Trout,

Most of the Defendants are non-residents of the State of Indiana. Notice was filed in the Auburn Dispatch December 1, 1904.

Quit Title: Plaintiff claims title to: Lots 133, 161 in Hornbergers addition to the town of Waterloo. Claim to make sure all previous mortgages are paid and fully released.

Order Book May 1900-March 1905

Pages 142-146, March 4, 1901

Weaver, Ulyssus S.

Moneysmith, Henry S.

Mrs. Henry S. Moneysmith, whose true given name is unknown, the unknown heirs of Henry S. Moneysmith, David Webster, the unknown heirs of David Webster, Wm. G. Robinson the unknown heirs of Wm. G. Robinson

Plaintiff has had possession of the land and defendants claim an interest. Mr. and Mrs. H. S. Moneysmith by deed dated Dec. 18, 1846 (Record Book G, Page 46) Defendant Daniel Webster and William G. Robinson claim to hold a mortgage recorded in Record 2, Page 366.

Weaver claims that he is the owner in fee simple of lot 16 in Ashley’s second addition the town (city) of Auburn.

Complete Record 1913 Book 12

Pages 45-47 May 31, 1918

Webb, George et al

Sebert, George et al

Other Plaintiff: Etta Webb, Other Defendants: Jessie C. Sebert, William C. Bleeke, Elsie, Bleeke, Lancaster Morr, Dora Morr, Rueben Koch, Edward Schrader, Daisy Schrader, Frank E. Johnson, Lilla D. Johnson, Cora E. Markins, Benjamin W. Markins, Della A. Brandon, Alberta Timmerman, John H. Timmerman, Margaret J. May, Frank May, Icy O. Krise, Margaret Watt, Benjamin F. Close, Saving and Loan and Trust Co. Myron H. Hoisington, as Executor of the Last Will and Testament of Rebecca Emerick, Deceased.

F. L. Rodenhafer, a practicing attorney of the county of Noble appeared for Myron H. Hoisington, as Executor of the Last Will and Testament of Rebecca Emerick, deceased. Attorney of Whitley County to Summon Reuben J. and Harriett Koch (deceased)

Quiet Title on part of Section 5 in Township 33, Range 14 East (full description included in the complaint). Plaintiff wants clear title of land.

Complete Record 1906 Book 11

Pages 45-46

Wenrich, James

Swartz, William et al

Other Defendants: Melvin Swartz, Kate Swartz

 

Quiet Title on the Northeast corner of Lot 249 in Hornberger’s 3rd Addition in the Town of Waterloo..

Order Book May 1900-March 1905

Pages 165-168 October 7, 1901

Yarde, David

Riney, Bridget, if living if not then the unknown heirs of Bridge Riney, deceased,

Other Plaintiff: Mary Yarde

Notice printed in Garrett Paper

Quiet Title to the South ½ of the Northeast ¼ of Section 33, Township 33, North of Range 12 East.

Order Book May 1900-March 1905

Pages 476-483 May 18, 1903

Zimmerman, Sylvester J.

McFarland, Gilbert et al

Other defendants: John E. Watters, The Garrett Banking Company, William H. Grube, Aaron Osborn, Philo J. Lockwood, Michael Boland Administrator of the Estate of Jacob Sommers, deceased, Rebecca Jones, John C. Sommers, Ana M. Kline, Margaret Goetschius, Arvilla Ashleman, Etta M. Ryan, Robert O. McClellan, James T. N. McClellan, Frank A. Borst and Charles O. Borst, Administrator of the Estate of L. J. Miller, deceased, Anhowser Bush Brewing Association, Elizabeth Miller, Ida Bort, Sara Sheets, Isolene Rader, Ida Grube, Mary E. Dancer, J. Andrew Dancer, James D. Dancer, Jesse D. Dancer, Charles R. Dancer, Verdie E. Moudy, Clarence W. Dancer, George Dancer, Arthur Dancer, Florence Dancer, Edna Dancer.

John E. Watters claims ownership by interest in lot by judgment against Reuben Lockwood. (Transferred from Noble Co.) Garrett Bank claims a lien against Lyman J. Lockwood. William Grube claims lien in a judgment against Lyman J. Lockwood. Aaron Osborn claims a lien in a judgment against Lyman J. Lockwood.

A notice was filed in the Auburn Dispatch on September 3, 1903. Another notice filed to non-residents in the DeKalb County Herald October 21, 1904: Ben Steifel, Rose Steifel, Harry Steifel, Leopold Steifel, Marion Goldstein and Rebecca Rohn and unknown heirs of Benjamin Price.

Quiet Title. Plaintiff claims ownership of Lot 8 in McFarland’s Addition to the City of Auburn. Plaintiff asks that the claim of the defendants be nullified.

Order Book 37

Page 22 Oct. 8, 1901, Page 106, 321, 343

Adams, George A.

Phoenix Accident and Sick Benefit Association

   

Plaintiff dismisses the case. L. J. Gengler entered his appearance for defendant. Plaintiff withdraws his motion to dismiss. Page 321 The defendant to produce certain papers for trial. Page 343 Court trial and Court finds for the Plaintiff and to recover $16.

Civil Book 37

Page 13, March Term 1902 Page 392

Akins, Willis B.

Reebe, Samuel

Frank Perkins another defendant

 

Case continued for service. Page 392 Conversion. Case is continued for service on Defendant.

Order Book 37

December Term 1901, Page 223, 224, 244, 247-252, 253

American Type Founders Co.

Gage, George E.

The Plaintiffs office are in Chicago. Other person involved with the defendant Roy Ulford

 

Attorney appears for the defendant. Page 224 Case continued. Page 244 Case committed to Court for trial. Page 247-252 Special findings of the Case. Amount due is $306.24 on the mortgage. Mortgage is on 1 25x35 Potter Drum Cylinder Press, Rack and screw distribution tapes delivery, steam and overhead fixtures and all appurtenance thereunto, etc. Page 253 John A. Moore appointed receiver.

Order Book 37

October Term 1901, Page 129

Asher (Theo) Co.

Andress, C. Merrill

   

Case dismissed.

Order Book 37

December Term 1901, Page 309-311

Ashley, Fred P.

Hamm, Jacob

Other defendant Emma Hamm

 

Note and to foreclose mortgage. Plaintiff entitled to recover $709.80 from defendants. Foreclosure on Lots 14 and 15 in Block 61 in Keyser’s Addition to the City of Garrett.

Order Book 37

October Term 1901, Page 29, 42, 170, 212 December Term Page 261, 264, 463

Auburn Lumber Co.

Harbrich, Wilhelm G. et al

Other Defendants Eliza Harbrich, John F. Fleming, I. O. Hoffman, Michael Lumm

 

No details. Page 170 Case continued. Page 212 Mechanics Lien. Case continued. Page 261. Defendant JOHN Fleming sold and assigned his mortgage and notes to co-defendant Michael Loom. Page 264 Case continued. Page 463 continued until next term of court.

Order Book 37

December Term 1901, Page 237, 238, 254, 255

Baltimore & Ohio & Chicago R. R. Co.

Wabash R. R. Co.

   

John T. Johnson prays for an injunction and restraining order against defendant. Defendant is restrained from entering upon the R. R. or Right Of Way of the Plaintiff. Pages 254-255 Defendant requests dissolve the restraining order

Order Book 37

March Term 1902, Page 471, 519, 520, 524, 525, 533

Barber, John

Proctor, John

   

Partition. Attorney appears for defendant. Page 519, 520 Sent to trial by jury. Page 524, 525 Jury finds for the defendant on his cross-complaint and against the Plaintiff on his complaint. Page 533 Jury finds for defendant and he is owner of the Southeast ¼ of the Northwest ¼ of Section 12 in Township 34 North, Range 14 East.

Order Book 37

October Term 1901, Page 116, 125, 126, December Term 1901, Page 213

Barnes, James A.

McClure, Ora

   

Dissolve co-partnership for a receiver, Accounting and judgment. Pages 125, 126 case continues. Page 213 Plaintiff motions case to be dismissed.

Order Book 37

December Term 1901, Page 288, 289

Barney, Sol

Baltz, W. H.

 

Charlie Koch Constable of Concord Township

Copy of Note. Owe Sol Barney $28.13 with 8% interest. Negotiable and payable to the St. Joe Valley Bank.

Order Book 37

March Term 1902, Page 545

Baughman, Benjamin R.

Gary, Theodore et al

   

Case dismissed by Plaintiff.

Order Book 37

March Term 1902, Page 503,

Baxter, Ella E.

Milligan, Margaret

Other Defendants: Ben Levy, Warren A. Mason and Albert J. Mason

 

Quiet Title before Special Judge Wilmer Leonard. Court Trial. Court finds for the plaintiff and she is the owner of Lots 107, 108, in the original plat of the town of Butler.

Civil Book 37

Page 13, Oct. 8, 1901, Page 37

Beard, Emma

Shapless, W. W.

   

Plaintiff withdraws her affidavit and motion for change of venue Page 37 Defendant demurs the complaint. Plaintiff to receive nothing and defendant to recover costs from Plaintiff.

Order Book 37

March Term 1902, Page 461, 473, 494

Bell, George

Kelley, Charles

   

Criminal Conversation. Attorneys appear for both defendant and Plaintiff. Plaintiff files an amended complaint. Page 473 Summons set aside. Page 494 Case continued.

Order Book 37

March Term 1902, Page 407

Benedict, Emma

Benedict, William L.

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

 

Plaintiff dismissed this cause.

Civil Book 37

Pages 18, 19, 20 Oct. 8, 1901

Benner, Ludwig

Thomas, Mary A. (widow)

Other defendants Hershel Thomas (unmarried) Mary Thomas (unmarried, Grace Browand, Norman C. Browand husband of Grace, Josephine Squires, and her husband Thomas, Harford Tolan and wife Josephine, Owen Thomas, Mary J. Thomas his wife, Madison M. Thomas, Cordelia Thomas wife of Madison M. John F. Brock (unmarried)

H. W. Mountz was appointed guardian ad litem of Mary Thomas (an infant.

Defendants have been notified by notice in the Garrett Clipper Defendants are in default and the court rules that Ludwig Benner is the owner of Lot 7 in Block 4 in Thomas’ South Addition to the City of Garrett.

Order Book 37

March Term 1902, Page 431-437

Benninghoff, David et al

Evangelical Association Church of Cleveland, Ohio

Other Plaintiffs: Eliza Sickemyer Mary Benninghoff , Daniel Benninghoff, Mary Mann, Daniel Dickerhoff, Georgia Dickerhoff, William Benninghoff, Mary Ann Sowers, David H. Benninghoff, Solon Lora, Joseph Rex, Solomon Rex, Mary Banghom, John Berning, William Dickerhoff, Elizabeth Dickerhoff as heirs of said Amanda Benninghoff.

Real Estate owned by Nathan Benninghoff. The west ½ of the Northeast ¼ and the North ½ of the Northeast ¼ of Section 35 Township 33 North Range 14 East. Containing 100 acres of land. George L. Lannings was administrator of the estate of Amanda Benninghoff, deceased. She having died about a week after her father, unmarried and without any issued.

Quiet Title. C. W. Watkins is appointed Special Judge. Appellate Court is involved . Appeal from the DeKalb Circuit Court. Findings: That on September 1895, Nathan Benninghoff died in DeKalb County leaving in full force his last will and testament. (copy of Will included in Pages 431-432). He lived in Concord Twp. Amanda Benninghoff to receive all his estate. If Amanda should be deceased and leave no heirs then the estate should go to the Evangelical Church of Cleveland, Ohio. But if she marries then heirs shall inherit the estate.

Order Book 37

March Term 1902, Pages 474-477, Page 542, 543,

Benninghoff, David et al

Benninghoff, George et al

Other Defendants: Leander E. Griffin, Geo. D. Simmons, John W. Baxter and Chas. M. Brown.

After expenses, funds to be distributed to David Benninghoff, Eliza Sickinger and Solomon Lora? each 1/7 and Ann Benninghoff as Plaintiff and as defendants, George Benninghoff John Benninghoff as defendants each 1/21 to Plaintiffs Frank Benninghoff and Daniel Benninghoff each 1/14 and to Plaintiffs Benjamin Saurs, Daniel Saurs, David Saurs, Christian Saurs, William Saurs, John Saurs, Mary Dorsey, Malinda Shilling, Catharine Brace and Hattie Borden each 1/70, to the Plaintiffs Polly Benninghoff, Joseph Rex, David Rex, Eliza Mitchell, Mary Baughman, Rebecca Miser, Solomon Rex each 1/56 to the Plaintiffs John Dickerhoff, Mary Mann, Elizabeth Beltz, William Dickerhoff, Daniel Dickerhoff and Georgia Dickerhoff each 1/336

Partition Defendant George Benninghoff in default. Court trial. Court finds that the parties are owners of the real estate excepting that the defendants Griffin, Simmons, Brown and Baxter, as Attorneys, hold a lien equal to ¼ of the value. Land cannot be divided to be sold by Commissioners Land: The West ½ of the Northeast ¼ and the North ½ of the Northeast of the Northeast ¼ all in Section 35 in Township 33 North of Range 14 East. Page 542, 543. Real Estate sold to David G. Sharp. Commissioners Deed is included.

Order Book 37

March Term 1902, Page 423, 424

Bernheim, Isaac W.

Rossington, Charles H

Other Plaintiffs: Bernard Bernheim, Leon S. Bernheim, Morris W. Bernheim

 

On Account: Court Trial and finds for the Plaintiff in the amount of $125.

Order Book 37,

Page 23, Oct. 8, 1901

Berry, Edwin

Board of Commissioners of DeKalb Co.

   

Case dismissed at defendants costs.

Order Book 37

March Term 1902, Page 484, 485

Binder, Otto N.

Kail, Brady S.

Other Defendant: Euphemie E. Kail

 

To foreclose mechanics Lien Court trial. Court finds for Plaintiff. Defendant owes $35.70 and foreclosure on Lot 1 in McIntyre’s Addition of the Town of City of Auburn. L. J. Miller replevin bail

Order Book 37

October Term 1901, Page 113, 114

Bishop, Patrick

Wabash RR. Co.

   

Damages. Court rules that Patrick L. Bishop is to recover from defendant $250.

Order Book 37

March Term 1902, Page 524, 526

Blodget, Nancy J

Bush, William G.

   

Ejectment. Attorney appears for defendant. Page 526 Plaintiff dismisses the case.

Order Book 37

December Term 1901, Page 218

Bowman, Veranda K.

DeWitt, DeForest F.

Other Defendant: Louisa DeWitt

 

To correct deed and Quiet Title. Plaintiff dismisses case.

Civil Book 37

Page 15, Oct. 8, 1901

Brand, George

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

   

Plaintiff’s attorney C. M. Phillips

Order Book 37

December Term 1901, Page 253, Page 266, 304, 345, March Term 1902, Page 500

Breen, William P. Trustee

Baltz, George F. et al

Other Defendants: Irene M. Baltz, Lafayette J. Miller

 

"Comes now Frank A Hoff by Willis Rhoads & J. E. Pomeroy his attorneys and ask the Court to be substituted as plaintiff on showing made and filed. Page 266 Frank A. Hoff is substituted as Plaintiff in this Cause. Page 304 Case continued. Page 345 Case continued. Page 500 Case is now settled between the parties.

Order Book 37

December Term 1901, Page 290

Brown, George W.

Hayden, Frederick J. et al

   

Case continued.

Order Book 37

October Term 1901, Oct. 9, 1901 Page 41, 170

Brown, Isaac

Lake Shore & Michigan Southern Railway Co.

   

Damages: Request for a change of venue. Page 170 Case changed to Steuben Co.

Order Book 37

October Term 1901, Page 30, 108

Brown, John W.

Baltimore & Ohio Railroad Co

   

Attorney appears for defendants Page 108 for Damages. Plaintiff request change of Venue. Changed to Steuben Co.

Order Book 37

December Term 1901, Page 365

Burns, Jackson

Little, Thomas P.

   

Mechanics Lien. Attorney appears for defendants.

Order Book 37

October Term 1901, Page 148, 149

Capp, Charles

Hammond, Sarah E.

Other Plaintiff: William Capp, Other Defendants: Melinda Hammond, Lavina Rochester, Hattie Milon, Jerry Oberlin, Lavina Oberlin (married name unknown and her husband), Benjamin Hammond, Daniel Hammond, Joseph Rochester, Charles Milon, Melissa Oberlin

Notice filed to the defendants in the Butler Herald (unable to give notice to Lavina Oberlin and husband). Defendants in default.

Land in question: The middle 1/3 of Lot 15 in Norris Addition to the Town of Butler and also part of lot 2, and part of lot 12 in the same addition. It was decided that the defendants have no right to the title.

Order Book 37

October Term 1901, Page 125, 131, 136, 142, 257, December Term 277

Carnahan, Martha A.

Carnahan, Mary E.

Other Defendants: Alice G. Carnahan Elmer H. Bottenberg, Secretary, J. Daniel Brosy President of St. Marks Evangelical Church and St. Marks Evangelical Church of Auburn

Infancy of Mary E. Carnahan and Alice G. Carnahan James E. Rose is appointed guardian ad litem.

Page 136 Plaintiff files answer of guardian ad litem. Page 142 case continues. Page 257 Case committed to Court for trial. Page 277: Court rules that the Plaintiff Martha A. Carnahan is the owner (life estate) of the real estate commencing at the Northeast Corner of the South ½ of the Southwest ¼ Section 20 in Township 33 North of Range 13 East, and running thence North on the ¼ line to a line established by selling off 50 acres on the North side of the South ½ of the Northwest ¼ of said section. The defendants St. Marks Evangelical Church have no rights.

Order Book 37

October Term 1901, Page 138 March Term 1902, Page 519

Carruth, Cornelia

Fales, Peter E.

Other defendant: Laura C. Fales.

 

No details. Case continued. Page 519 Plaintiff dismisses the case.

Order Book 37,

December Term 1901, Page 346, March Term 1902, Page 405

Carruth, Cornelia

Lung, John E.

   

Page 346 Attorney appears for the Defendant. Page 405 Case continued.

Order Book 37

October Term 1901, Page 61, 92

Carter, William

Greenhoe, Deloss

   

Re Note: Page 61 Case postponed. Page 92 Trial by court. Defendant to pay $100 to Plaintiff.

Order Book 37

October Term 1901 Page 49

Case, Emillius

Farver, Elizabeth

Other Plaintiff Richard Culbertson Other Defendant Lemuel Farver

 

Plaintiff dismissed the case

Order Book 37

March Term 1902, Page 452

Casey, Michael

Gettel, Henry E.

   

Injunction. Attorney appears for defendant.

Order Book 37

Vacation Term 1901 Nov. 6, 1901 Page 184-186

Clark Hardware Co.

Heckathorn, David

Before George Strayer Justice of Peace for Smithfield Township

 

Complaint for recovery of $75.82 for mdse, goods and wares sold to defendant at defendants request. A list of items sold is included in the complaint. Defendant in default and George W. Clark, bookkeeper of the Plaintiff Co. verified the truth of the Statement.

Order Book 37

October Term 1901, Page 103

Cline, Ella

Wagoner, Michael

Other Plaintiff Christian Squires

 

To declare Michael Wagoner of unsound mind. Case goes to trial and Michael Wagoner judged of a Sound Mind and able to manage his own affairs.

Order Book 37

December Term 1901, Page 223, 354, 361, 368, March Term 1902, Page 393, 405

Collins, William J.

Hampton, John

Other defendants: Garnishee defendants: George. O. Denison, Ed. McKennan, H. W. Mountz

 

Account and in Attachment: The court rules that the names of George O. Denison and H. W. Mountz are stricken from the record. Page 354 Case dismissed Page 361 Louis J. Gengler, Alva C. Widmer file a motion to set aside the action of the Court. And to permit them to appeal. Page 368. Louis J. Gengler and Alva C. Widmer’s motion overruled by court. Page 393 Motion for appeal. Court dismisses. Page 405 cause ordered stricken from the trial docket.

Order Book 37

March Term 1902, Page 424

Comeskey, Samantha A.

Comeskey, Mary C. et al

   

Partition. Plaintiff files an affidavit of non-residence of Julia and Marin Russell. Notice to be filed in the Auburn Courier.

Order Book 37

October Term 1901 Page 25, 211, March Term 1902, Page 392

Conner, Clarence

Howey, Ida E.

Other Defendant Isaac M. Grube

 

Case is continued and alias summons ordered for Ida E. Howey. Page 211 on Note. Case continued. Page 392 Cause continued and an alias summons issued for defendants.

Order Book 37

December Term 1901, Page 306, 336

Cool, James Executor

Cool, George W. et al

Page 336 Other Defendants: Viola Robbins, Leon D. Robbins, Alice McClellan, Alpheus McClellan and John Cool. Infancy of Philip Cool, Hiram Cool, Sarah Robbins, John Robbins, Leslie Robbins, Mabel Robbins, Vance McClellan, Verda McClellan, Mamie McClellan, and John R. McClellan. D. M. Link is by the court appointed guardian ad litem for infant defendants.

 

Attorneys appear.

Order Book 37

December Term 1902, Page 405

Cramer. M

Owens, B. F.

   

Note: Plaintiff dismisses case.

Order Book 37

March Term 1902, Page 415

Creel, Elmer

Alsbaugh, Elmer B.

   

Damages, Attorney appears for Defendant.

Order Book 37

October Term 1901 Pages 89, 90

Creighton, William E.

Porter, Henry A.

Other Defendant: W. E. Clark.

Case originally held in Allen County, (September 10, 1900) Honorable W. J. Vesey, Judge. Frank J. Belot Clerk and Albert E. Melching Sheriff.

Jury found for Plaintiff to receive $411.73 besides costs.

Order Book 37

December Term 1901, Page 290

Crosier, James

Hill, Julina

   

Plaintiff dismisses the case.

Civil Book 37

Page 12 Oct 7, 1901, Page 34 Oct. 8, 1901, December Term 1901, Page 269, 270

Crowl, Isaac

Crowl, John

   

To declare of unsound mind, October 8, Page 34: Defendant John Crowl appears in person by Willis Rhoads, prosecuting Attorney. Upon Plaintiffs motion the case is submitted to the court for trial. Court finds the defendant is NOT a person of unsound mind and is capable of managing his estate. Page 270 case goes to trial. Jury finds for the Plaintiff and declares John Crowl incapable of managing his affairs.

Order Book 37

December Term 1901, Page 254

Culbertson, Abram

Herrick, Daniel

   

Release from Bond. Daniel Herrick, Recorder of DeKalb County from this date. Abram Culbertson held the bond and asked Released. Bond executed for $2,000.

Order Book 37

March Term 1902, Page 530

Culbertson, Alexander

Baltimore and Ohio R. R. Co.

   

Cause dismissed.

Order Book 37

Page 21, October 8, 1901, Page 77, 110, 286, 346, 347, March Term 1902, Page 473, 474

Curran, Tillie

Baltimore & Ohio Railroad

On page 286 Court orders a summons to the Sheriff of Miami County for John H. Curran, Maggie Voss, John H. Curran Administrator of the Estate of Timothy E. Curran

. Page 110 (Contract) Come now the defendants by attorney and files a motion for order to substitute Mary Curran, John H. Curran, Maggie Voss, Thomas Curran, Celia Curran, Julia Burnett, Ebby Curran, Henry P. Curran, John Cusic, May Cusic, Cora Curran, Floyd Curran, John H. Curran Administrator of the Estate of Timothy Curran Page 347 Sheriff of Tippecanoe County to summon John Cusic and Sheriff of La Porte County for James Cusic Jr., Marcelia Cusic and Marea Cusic.

Defendant demurs the complaint. Page 77 defendant withdraws demur to the case. Page 110, 111 Baltimore and Ohio R.R. Co. deposits $1,000 with the Clerk. Page 286 Contract Page 346 James W. Arthur appointed guardian ad litem for May Cusic and Floyd Curran. Case set for trial. Page 473, 473 Mary and Tillie Curran are entitled to share equally in $1,000. with each sharing the cost of the case. It is further adjudged that all costs prior to the December Term 1902 are taxed against B. & O. R. R.

Order Book 37

March Term 1902, Page 468, 469

Curran, Tillie

Curran, Mary et al

Defendant John H. Curran Administrator of the Estate of Timothy E. Curran, James W. Arthur guardian ad litem .

See above case.

Contract Case continued.

Order Book 37

March Term 1902, Page 468

Curtice, Francis L. et al

Osborn, William M. et al

   

Cause is passed for the term.

Order Book 37

October Term 1901, Page 73

Dailey, Elizabeth R. et al

Eastman, Jay C.

   

Defendant requests a change of venue. Changed to Whitley Co.

Order Book 37

October Term 1901, Page 47, 74, 110

Davis, Louisa

Lanning, George L.

Other defendant: Minnie Lanning

 

Mechanics Lien No details. Page 74 Defendants requests the inspection of certain books. Court orders the Plaintiff to comply. Page 110 Case settled and dismissed at defendants cost.

Order Book 37

December Term 1901, Page 263

Davy, Vernal R.

Lewis, Abner et al

   

On Account Case has been settled outside of Court. Case dismissed.

Order Book 37

March Term 1902 Page 391, 394

Deck, Charles

Huyck, John T.

   

On Note Attorney appears for the defendant Page 394 Defendant motions that a cost bond be required for Plaintiff.

Order Book 37

October Term 1901, Page 27, 160

Dirrim, Frederick M.

Jones, Adolphus G.

   

Rose and Rose entered appearance for defendant. Page 160 Case is dismissed.

Civil Book 37

Page 13 Oct. 8, 1901

Eckhart, Charles et al

Brown, Willis B.

   

Case is dismissed by Plaintiff

Order Book 37

October Term 1901, Page 27 42, 94, 106, 128, 129, 132, 133, 134

Elson, Frank L. et al

Gordon, Charles et al

Other Plaintiffs: William V. Driscol, David D. Smith Other Defendants: Blanche B. Gordon, Flint and Walling manufacturing Co., William Schudell, City of Garrett, Samuel S. Teeters, Mrs. A. J. Little. Also Seeley Baum and Joseph Schlitz Brewing Co. are made a defendant.

 

No details on page 9. And 42 Page 94: Mortgage is involved. Page 106 continuance of case in denials and answers (not details as to what they are). Page 128 and 129 case continues. Page 132, 133, 134 Mortgage of Plaintiffs be foreclosed: Lot 5, 6 in Block 29 in original plat of the City of Garrett. Plaintiff is due $309 from Defendants. George Schondell is owner of the lots. (document contains details of settlement)

Order Book 37

October Term 1901, Page 27

Elson, Frank L. et al

Gordon, Charlie E. et al

Other defendant Blanche B. Gordon

Comes also L. J. Gengler and enters his appearance for Flint & Walling Mfg. Co.

Defendants ruled to answer

Order Book 37

December Term 1901 Page 321, 343, 364

Emerick, Andrew J. et al

Noirot, George et al

Other Plaintiffs: Peter A. Emerick, Lucinda C. Wiltrout Other Defendants Emma Noirot, Emma Noirot, Mary J. Boyer, Emma Cline, Bertha Emerick, Vesta Emerick.

 

Quiet Title. Page 343 Plaintiff Lucinda Wiltrout . Page 364 Case given to Court for trial. Court finds for defendant George Noirot. Other Defendants have no interest in the case.

Order Book 37

December Term 1901, Page 222, 274

Emerick, Mary A.

Miller, Sarah E. et al

   

Road

No details Page 274 Damages awarded of $500. and case remanded to the County Commissioners.

Order Book 37

October Term 1901, Page 68

Emerick, Rebecca

Wilson, George W.

Other defendant frank Wilson

 

Notes due. Plaintiff dismisses case.

Order Book 37

December Term 1901, Page 267, 301, March Term 1902, Page 469, 504, 519

Engle, John

Baltz, William

Other Plaintiff: Cynthia Engle.

 

Quiet Title (cancelled Deed) Defendant is restrained from conveying or encumbering or attempting to convey, or encumber the following Real Estate: The East ¾ of the East ½ of the Northeast ¼ of Section 15 Township 33 North of Range 14 East. Page 301 Restraining Order to be continued. Page 469 Defendant files a general denial. Page 504, Case continued. Page 519 Cause is settled at defendants cost.

Order Book 37

December Term 1901, Pages 361, 362, March Term 1902, Page 495, 496, 497, 498

Equitable Building Loan and Savings Association.

McCanne, Thomas P.

Other Defendant Sue A. McCanne

 

Foreclose Mortgage Affidavit filed for non-residency of the defendants (in the Auburn Dispatch). Charles F. Kettring is appointed receiver of the property. He is ordered to make the necessary repairs on the buildings and premises. Pages 495, 496, Defendant in default. Court finds for Plaintiff. Plaintiff to recover $498.80. There is a second mortgage. Foreclosure is ordered. Premises described as Lot 6 in Block 21 in the Town of Ashley. Pages 497, 498 Plaintiff to recover $1455.45 on Lots 22, 23, 24 in Block 21 in the Town of Ashley.

Order Book 37

December Term 1901, Page 299

Fidelity Building and Savings Union

Bierwagon, Frank

Other Defendant Dora Bierwagon

 

On Note and foreclosure of Mortgage. Plaintiff dismisses Case. Settled by the two parties.

Order Book 37

December Term 1901, Page 271, 272, 273

Fidelity Building and Savings Union

Buchanan, Hiram J.

Other defendants Ulyssus M. Swapgood, Loren S. Saylor, Sarah C. Saylor, Mary Buchanan wife of Hiram J. Buchanan, John C. Henry, Cyrus C. Hood, Ashton, W. Gonser.

 

Mortgage: Plaintiff to recover $640. Foreclosure of Lot #3 in Block 52 in the original plat of the Town of Ashley.

Order Book 37

March Term 1902, Page 457, 509, 532

First National Bank of Iowa City, Iowa

Austin, Lettie

   

On Note. Attorney appears for defendant. Page 509 Defendant offered to answer by Monday April 14, 1902. Page 532 Case continued.

Order Book 37

March Term 1902, Page 508

Flint, John C.

Ocker, Belle M. et al

   

Note and Attachment Notice of Action to be published in the Auburn Courier.

Order Book 37

December Term 1901 Page 219

Foltz, Tena

Wann, George

 

J. C. T. Wann became replevin bail.

State of Indiana relatrix (female petitioner) for Plaintiff. Plaintiff to recover $200. George Wann committed to the custody of the Sheriff until the judgment and costs are met or until replevied.

Order Book 37

March Term 1902, Page 393, 394

Foster, George G.

Drake, Phillip

Other Defendants Unknown heirs of Phillip Drake

 

To Cancel Mortgage. Notice to Defendants published in the Auburn Courier. Defendants in default. Court trial. Court finds that the mortgage as appears of record in the Recorders Office given by William Tillitson and his wife to Philip Drake on the East ½ of the Southeast ¼ of Section 27 in Township 34 north of Range 13 East is cancelled and fully satisfied.

Order Book 37

March Term 1902, Page 407, 494

Freeland, Charles A.

Bishop, Patrick L.

Other defendant Mary Bishop

 

Damages. Attorney appears for the defendant. Pages 494 Case continues.

Order Book 37

Page 23, Oct. 8, 1901

Furnish, A. M.

Board of Commissions of DeKalb Co.

   

Case dismissed at defendants cost.

Order Book 37

October Term 1901, Pages 152-155

Gage, George E.

Barton, Elias

Other Defendant Ellen Barton

 

Complaint. Relating to writ served March 21, 1892. Case before Nicholas Blackburn Justice of Peace within and for Keyser Township. Plaintiff to recover $28.36 less expenses leaving $15.53. Writ of Execution ordered Oct. 29, 1901. Details and affidavit recorded in Order Book 37.

Order Book 37

December Term 1901, Page 269, March Term 1902, Page 394

Gage, George E.

Ulford, Leroy R.

   

Case continued. Page 394 Damages Attorney appears for Defendant. Plaintiff motions cause against Anna S. Keller is ordered redocketed for trial.

Order Book 37

March Term 1902, Page 445, 486, 524, 526

Gaskell, Frank

Keller, Josiah O.

Other Defendant: Anna S. Keller

 

Damages Page 486 Attorneys withdraw their appearance from defendant Anna S. Keller. Page 524 Case continued. Page 526 Attorney appears for the defendant.

Order Book 37

October Term 1901, Oct. 9, 1901 Pages 41, 42

Graves, John H.

Baltimore & Ohio Railroad Co.

   

Damages Plaintiff to recover $75.

Order Book 37

 

 

 

 

Auburn Courier

Nov. 23, 1905

October Term 1901 Page 39

Greenwaldt, Mary E.

Lake Shore & Michigan Southern Railway Co.

   

Damages Case moved to LaGrange County.

 

Newspaper article. Mrs. Mary E. Greenwald receives $3,500 The Case of Mary E. Greenwald against the Lake Shore & Michigan railroad was called in the LaGrange Circuit Curt, Monday morning; but a compromise was reached and the case was dismissed, therailroad agreeing to pay Mrs. Greenwald $3,500 and the costs.

Mrs. Greenwald was injured on January 31, 1901, on a Lake Shore crossing one mile east of Butler, by being struck by a fast train and received injuries from which she has never recovered. (more details follow in the article).

Order Book 37

October Term 1901 Page 39

Greenwaldt, Samuel A

Lake Shore & Michigan Southern Railway Co.

   

Defendant demurs

Order Book 37

December Term 1901, Page 278, 279, March Term 1902, Page 406, Page 410-411

Hadsell, Irvin et al

Stewart, Ulysses G. et al

Other Plaintiff: Nina Hadsell, Other defendant Carry B. Stewart wife of Ulysses.

 

Foreclosure of mortgage. Notice filed in local paper. Page 406 Defendants are in default. Page 410-411 Court trial finds for Plaintiff. Foreclosure of a part of the West ½ of the Southwest ¼ of Section 30, Township 33, North of Range 15 East. (detailed description included on page 411

Order Book 37

December Term 1901, Page 369

Halstead, ?

Horvater, John et al

   

To revived and foreclose mortgage. Case dismissed.

Order Book 37

December Term 1901, Page 339-340, 358, March Term 1902, 391

Hanna, Charles H.

Werntz, George

   

Appointed for a receiver. (Marion E. Griswold) Receiver to file a bond for $2,000. Receiver to seize and hold all the property of the partnership known as G. W. Wertz & Co. Page 358 Marion E. Griswold resigns as Receiver and files final report. Page 391 Plaintiff dismisses the action.

Order Book 37

October Term 1901, Page 47, 48

Harmes, Mary Bessie

Stonebraker, John G.

Other Plaintiff George Harmes. Other Defendant: Libbie Stonebraker, William Guthrie, Lavon Louse Guthrie, Bertha L. Stonebraker

 

Partition: Mary Bessie Harmes to receive 29 acres of land off of the north end of the West ½ of the Southwest ¼ of Section 33 Township 35, North Range 12 East Bertha L. Stonebraker, John G. Stonebraker, Willis Guthrie and Lavon Louise Guthrie as tenants in common the West ½ of the Southeast ¼ of the Southwest ¼ of Section 33 and the West ½ of the said Southwest ¼ of section 33 all in township 35 North Range 12 east. excepting from said West 1/2 of the Southwest ¼ of said Section, 29 acres off the North end thereof set off to Mary Bessie Harmes.

Civil Book 37

Page 14, Oct. 8, 1901

Hartman, Walter C.

Ocker, Belle

   

Case continued to next term

Order Book 37

March Term 1902, Page 407

Harvey’s Sons Mfg Co.

Binder, Otto

   

Account. Attorney appears for defendant.

Order Book 37

December Term 1901, Page 229, 263, 338

Harwood, Albert

Burns, Jacob

Other Plaintiff: Cecil Harwood, Other Defendant John Hornberger

 

For Accounting and Injunction. Restraining order restraining John Hornberger from paying to his co-defendant Jacob Burns any money due from him. Page 263 continuation of the restraining order. Page 338 Plaintiff states case is settled and is hereby dismissed.

Order Book 37

March Term 1902, Page 471

Hathaway, Charles

Baltimore & Ohio R. R. Co.

   

On Account. Defendant files an answer in abatement of this cause.

Order Book 37

March Term 1902, Page 470

Hendrickson, John E.

Baltimore & Ohio Railroad Co.

   

Damages. Attorneys appear for defendant.

Order Book 37

October Term 1901, Page 93

Hendry, Lewis A.

Deller, Harvey

   

Case is dismissed.

Order Book 37

October Term 1901, Page 39

Henning, Lewis

Lake Shore & Michigan Southern R. R. Co.

Other Plaintiff Calvin King

 

Damages Defendant asks for change of Venue. Moved to Whitley Co.

Order Book 37

October Term 1901, Page 29 Pages 49, December Term 1901, Page 295, 300

Hess, Elizabeth

Miner E. W.

   

Defendant files to dismiss the case. Court overrules. Plaintiff files a motion to make complaint more specific.. Pages 49 Re Account. Books and papers to be examined. Page 295 Case continued. Page 300 Case settled by the two parties.

Order Book 37

December Term 1901, Page 217, 258, 264, 285

Hill, Julian

LaVell, L. C.

   

Mechanic Lien Examination of Plaintiff to be made public. Page 258 Case continued. Page 264 Case continued. Page 285 Court finds for the Defendant

Order Book 37

October Term 1901, Page 104, 108, 353, 448

Hollister, Sherman

Baltimore & Ohio R.R. Co.

   

Injunction Page 108 defendant files a demur. Pages 353, 448 Case continued.

Order Book 37

December Term 1901, Page 370

Hollister, Sherman

Picker, Charles A.

Other Defendant: Emma Picker

 

Case before John Koons, Justice of Peace for Union Township. Plaintiff claims defendants are indebted for $157 for rent of the Hollister Hotel and Hotel goods, also for cigars sold and delivered to them and for two months water rent. Itemized bill included on Page 370, 371

Order Book 37

December Term 1901, Page 351, 352

Hollister, Sherman

Quinn, William

Other Plaintiff: Velone? E. Hollister Other Defendant Lone J. Quinn

 

Foreclosure of Mortgage Defendants three times called and in default. Court finds for the Plaintiff and to recover from the defendants the cost of this action and taxed at dollars without relive of valuation or appraisement.

Order Book 37

October Term 1901, Page 30, 107

Holmes, John W.

Robbins, Leon D.

Other defendant Viola Robbins

 

Account: Defendants notified and are in default. Page 107, Court trial and Court rules for Plaintiff. He is to be paid $52. by defendants.

Order Book 37

October Term 1901, Page 14. Page 37, Page 61, Page 67, 135, 173, 210, December Term 1901, Page 243, 344, 412-413, March Term 1902, Page 481, 482, 491

Hook, Daniel

Hook, Jacob M. et al

Other defendants Adam Christoffel and Caroline Chirstoffel

Page 173 Adam Christoffel files for an examination of the Plaintiff.

Page 14, Defendant ruled to answer. Page 37 Attorney files for defendants. Page 61 Defendant files demur. Page 67 both parties file demur. Page 135 Adam Christoffel files cross complaint. Case continues. Page 173 Page 210 Notes and Mortgage Ora Hook is now made a defendant. Page 243 Examination of Daniel Hook to be published. Page 344 Case continued and set for trial. Pages 412, 413 Frank M. Powers appointed Special Judge for Judge Hartman. Case continued. Page 481 Set for trial May Term 1902, May 22, 1902. Page 491 no details.

Order Book 37

December Term 1901, Page 221, 285

Hoover, David E.

Harris, Albert T.

Other Plaintiff: Ira Jones

 

Account and attachment Cornelius B. Jones files a petition to be made party to the plaintiff. Plaintiff 285 Plaintiff ask for dismissal of case.

Order Book 37

December Term 1901, Page 355

Hoover, David. E.

Faulconer, Clem U.

   

Avadavat filed of Defendant’s non-residency Defendant to be notified by filing notice in the Auburn Courier.

Civil Book 37

Page 17 Oct. 8, 1901, page 46, 96, 136, 211, 235, 256

Humphrey Orrell L.

Beauchamp, John

   

Defendant ordered to rule. Page 46, defendant files a motion to strike parts of complaint. Page 96 Case continued. Page 136 Case dismissed. Page 211 is for damages. Page 235 Cause is dismissed. Page 256 Plaintiff failed to pay costs of former action. Court dismisses case.

Order Book 37

December Term 1901, Page 212, 221, 287, 291, 309, 312, 314-321, 363, 372, 373 (February 1902), March Term 1902, page 526, 532

Humphrey, John H.

Marra, William

Other Defendants William H. Chew, John Flowers, Ed McKennan

314-321 There are 28 questions and answers (by Plaintiff) There are 22 questions and answers by the Defendant)

Plaintiff files a motion to dismiss appeal for insufficiency of bonds. Page 287 William Marra ordered to give additional bond Page 291 William Marra to file a new bond. . Flowers Page 309 Case committed to the Jury for trial. Page 312 Plaintiff dismisses case against John. Flowers. Page 314 Jury find for the Plaintiff. Page 363 Case continued. Page 372, 373 final conclusion. Defendant William Mara is entitled to the possession of one sorrel mare. Page 526 Defendant files a demur. Page 532 Review Judgment Plaintiff prays for an appeal.

Order Book 37

March Term 1902, Page 488, 489, 490

Hurnie, Margaret

Curren, Mrs. Tim.

   

Debt of $33. for money had and received and butter sold and delivered to the defendant. Wm. H. Chew was justice of Peace for Keyser Township. Request for change of Township: changed to Justice Koon’s a Justice of Peace of Auburn. Court finds for the Plaintiff. Defendant asked for a new trial. Court refused.

Order Book 37

December Term 1901, Page 237, 244, 422, 427, 467

Jackman, Lydia et al

Duncan, Louisa, et al

   

Notice filed of new parties as defendants (who are non-residents): George W. Jackman, Catharine Duncan, James R. Duncan, John M. Jackman, William H. Jackman, Arta Crays and George W. Crays. Notice to non-residents filed in the Auburn Courier. Page 244 Summons to be issued by Sheriff of Huntington County for Lydia Jackman and by Sheriff of Steuben County for Margaret E. Ott and James Ott. Page 422 To construe Will Wesley Jackman is three times called and in default. Page 427 Summons is issued to the Sheriff of Steuben County for James R. and Margaret Ott. Page 467 Defendants in default.

Order Book 37

Vacation after December Term 1901, 376, March Term 1902, Page 423, 486, 500, 526

Johnson, Henry Webb

Hine, Francis M.

Other Plaintiff: Cidy A. Johnson, Other Defendant: Frank P. Seiler.

 

Restraining Order. Restraining from selling real estate for delinquent taxes. Property: The South 1/3 of Lot 64 and the South ½ of the North 2/3 of Lot 64 and 96 ¼ feet off East end of South ½ of North 2/3 of Lot 64, Old Plat Auburn, Indiana. Page 423 Injunction Attorney appears for defendant. Page 486 defendants file a demur. Page 500 Case continued. Page 526 Injunction Defendant F. m. Hines , Treasurer be restrained from collecting tax and the Auditor Frank P. Seiler ordered to cancel same upon tax duplicate.

Order Book 37

October Term, Page 179

Johnson, John

Wabash Railroad Co. and John B. Sollidd

   

Damages Plaintiff asks for new trial. Court overrules. Plaintiff case abated and defendant to recover the costs of actions. Plaintiff appeals to the State Supreme Court.

Order Book 37

December Term 1901, Page 308, March Term 1902, Page 492

Johnson, Keifer A. et al

Blake, Horatio et al

Other Defendants unknown heirs of Horatio, Blake

 

Quiet Title. Notice to defendants published in the Auburn Dispatch. Page 492 Defendants in default. Court rules for the Plaintiff. Plaintiff is the owner of the north 60 acres of the Southeast ¼ section 4 in Township 34 North of Range 12 East.

Order Book 37

October Term 1901 Page 38, 45, 56, 136

Jones, Cornelius B.

Mulholland, James et al

Other defendants: Samuel Bevier, Shannon McCullough, Flint and Walling Manufacturing Co. Rosa Mulholland

 

Ruling to answer the complaint Page 45 Plaintiff dismisses case against Samuel Bevier and Shannon McCullough. James and Rosa Mulholland are notified and do not appear. They are in default. Page 56 Flint and Walling file an answer Page 136 Case dismissed.

Order Book 37

December Term 1901 Page 355, 466, March Term 1902, Page 500

Jones, Isaac

City of Auburn

   

Damages: Attorney appears for defendant. Page 466 Defendant files a demur to each paragraph of complaint. Page 500 Case continued.

Order Book 37

Vacation Term 1901, December 1901, Page 278, 404

Jones, Robert W.

Loveland, Judson C.

   

Case dismissed. Page 278 strikes out the written dismissal from the files. Page 404 strike out of Dismissal of the Plaintiff and to dismiss appeal of the Defendant.

Order Book 37

October Term 1901, Page 28,29

Joseph Schlitz Brewing Co.

Gordon, C. E.

   

Defendant in default. Plaintiff to recover $77.70

Civil Book 37

Page 4 October 14, 1901. Also Page 11

Jury Drawing

Thomas Sprott was a Jury Commissioner

Jury chosen by drawing names from a box

Six individual names drawn: John Carnahan, Joseph Gipple, W. H. Fair, James Caranahan, William H. Kessler and Elmer Betts. These were to serve as Grand Jurors.

12 more names drawn Sherman W. Guthrie, Joseph Huet, John Hamman, W. H. Platt, Alfred Kepler, C. J. Hadsell, Frank E. Porter, Stanley Webster, Levi L. Denison, William A. Deetz, Aaron Carper, and Charles Oster to ser as Pettit Jurors Page 11 the Grand Jury is Impaneled and Wm. H. Fair is foreman of the grand jury. Joseph Gipple was excused from serving and J. Y. W. McClellan was called to fill his place.

Order Book 37

March Term 1902, Page 446

Keller, Cora E.

Baltimore & Ohio Railroad Co.

   

Damages Case continues.

Order Book 37

October Term 1901, Page 62, 77, 137, 151, 156, 157, 158

Keller, Wilderlin

Wagner, J. Wm.

   

Defendant demurs. Page 77 Defendants demur the claim. Court overruled. Defendants objects and accepts. Page 137 case continued. Page 151 case continued. Page 156, 157 Goes to Trial and the jury finds for the defendant. Page 158 Plaintiff to receive nothing and Plaintiff pays all costs.

Order Book 37

October Term 1901, Page 46, 123, 124

Kelley, Mary M.

Barr, Charles V

Other Defendant James M. Barr

 

On a note. Demur filed. Page 123, 124 Defendant Charles Barr is in default. James M Barr appears with attorney. Court rules that Plaintiff to received from Charles and James Bar $127.30 James Barr appeals to Appellate Court..

Order Book 37

December Term 1901, Page 365, 366, 367, 416, 417, March Term 1902, Page 520

Kelley, Melissa

Kelley, Mary

Other defendant

Edna Kelley

Infancy of both defendants, the court appoints Edwin L. Fosdick as guardian ad litem

Petition in Partition and for Sale of Real Estate. Court finds for the Plaintiff (land cannot be divided) and she is owner of the undivided 2/3 and each of the defendants of 1/6. The land to be sold. Land described as a part of the Northeast ¼ of Section 32 in Township 34 North of Range 15 East (Page 366 has a complete description). Sale to be announced in the Butler Record (Dated Jan. 31, 1902) Page 416, 417 Property appraised at $2,190. Melissa Kelley has sold her certificate of Purchased and all interest . to Stanley L. Webster A copy of the Commissioners Deed is included. Page 520 Commissioner discharged.

Order Book 37

March Term 1902, Page 405

Kenney, (E.T. Co.)

Musser, Emmanuel T. et al

Other Defendants: Mary Betz

 

Attorneys appear from the defendants.

Order Book 37

December Term 1901, page 279, 280

Kiplinger, Michael

Barnes, Joel H.

Other Defendant: Rebecca Barnes

 

On and foreclosure for mortgage. Defendants in default. Land is Lot 141 in Hornbergers Addition to the town of Waterloo.

Order Book 37

March Term 1902, Page 391

Kizer, Maud

Griest, Frank

   

Breach of Promise. Plaintiff dismisses the case

Order Book 37

March Term 1902, Page, 393, 425,426, 427, Page 486, 487

Klinkle, Catharine

Firestone, Samuel K. et al

Other Defendants: Kate Baum, Jessie Baum, Isaac Firestone, Hattie McNeal, George McNeal, John L. Firestone, George S. Firestone, Sarah Coffrin and George Coffrin.

 

Page 393 Attorney appears for defendant. Partition of Real Estate. Notice in the Auburn Dispatch to Hattie McNeal, George McNeal, George S. Firestone, John L. Firestone, Sarah Coffrin and George Coffrin. Defendants in default. Court finds that the Plaintiff is owner of the undivided 3/10 of the Real Estate and the Defendants Samuel K. Isaac George S and John L. Firestone, Kate Baum, Sarah Coffrin and Hattie McNeal re the owners of the 7/10 of said real estate. Partition to be made of the east ½ of the Northeast ¼ of Section 22 in Township 35 North of Range 14 East. Pages 486, 487 Court sets of to Catharine Klinkle the East ½ of the Northeast ¼ of Section 22 in Township 35 North of Range 14 East 23 97/100 areas. To Samuel K. Firestone the wheat now growing on the South 8 acres. And set off to the defendants Samuel K. Firestone, John L. Firestone, George S. Firestone, Isaac firestone, Kate Baum, Hattie McNeal and Sarah Coffrin in common 55 93/100 of the North end of said tract.

Order Book 37

December Term 1901, Pages 346, 446, 447, March Term 1902,

Klinkle, Catharine

Knisely, Timothy et al

   

Quiet Title Page 446, 447: Defendant in default. Case goes to trial. Court finds for Plaintiff that he is the owner of The East ½ of the Northeast ¼ of Section 22, in Township 35, North of Range 14 East.

Order Book 37

December Term 1901 Page 204, 215, 216

Klotz, Samuel P.

Zimmerman, S.B.

Other Defendants F.A. Zimmerman, Willard Zimmerman, Mrs. Lew Cramer, Mrs. Chek Blanchard, Ida Zimmerman, Mrs. Allie Zimmerman

 

Notes and Mortgage. Attorneys appear for Plaintiff. Page 215, 216 Notice of action published in the Waterloo Press. Defendants are in default. Foreclosure of mortgage :Commencing at the Northeast corner of lot 13, Block 20 of the original Plat of the Town of Ashley. George W. Crooks is appointed receiver.

Order Book 37

December Term 1901, Page 218, 265

Koehlinger, Minnie

Thomas, George

   

To revive judgment. Page 265: Plaintiff to recover $640. from the Defendant.

Order Book 37

October Term 1901, Page 29, December Term 1901 Page 212

Korber, Karl

Ocker, Belle M.

Other Defendants: Jessie D. Ocker, Edna Marie Ocker

 

Case continued for publication. Page 212 Attorney files for Defendants.

Order Book 37

December Term 1901, Page 210

Kosht, Emmet

Pomeroy, James E.

Other Plaintiff Mary Jane Kosht, Other Defendant Ella Pomeroy

 

Vendors Lien. Case dismissed.

Order Book 37

March Term 1902, Page 512

Kraus, Amelia

Vernderly, Rose, et al

   

Partition Commissioner, Frank L. Welsheimer to pay proceedings to Joseph Girardot and then Commissioner discharged.

Order Book 37

December Term 1901, Page 222, 227

Kruger, John

Kruger, Minnie

   

Petition to mortgage real estate. Plaintiff suggests insanity of Minnie Kruger. The Court appoints Willis Rhoads guarding ad litem to defend and protect her interests. . Page 227 Petition to mortgage real estate. Submitted to Court for trial. Real Estate involved: Lots 1 and 2 in block 12 in Toland’s addition to the City of Garrett. Details of the transaction follow.

Order Book 37

December Term 1901, Page 224

Kuhlman, Viola

Prosser, James

Other Plaintiffs: Alda M. Johnson, Metta L. Prosser

 

Quiet Title Defendant notified and is in default. Court rules for Plaintiff and Plaintiff is owner of the following real estate: The North ½ of Town lot 101 in the original plat of the City of Auburn.

Order Book 37

October Term 1901, Page 25 Page 268

Kutzner, Myron S. Administrator of Isaac N. Tryson Estate

L. S. & M. S. Railroad Co.

   

Defendants ruled to answer. Page 268: Court trial and the Court finds for the Plaintiff. Plaintiff to recover $250.

Order Book 37

December Term, 1901 Page 238, 239

Kyes, Maria

Webber, Nellie

Other Defendant: Warren Moss

 

Cancel & Satisfy Mortgage Court finds for the Plaintiff and that the Mortgage found in the Recorder’s Office Book 25, Page 396 given by Maria Kyes to Malisa K. Aldrich for The South ½ of the Southeast ¼ of Section 3, Township 35 North of Range 13 East containing 80 acres is cancelled.

Order Book 37

March Term 1902, Page 521, 522

Lackey, .

Alvord, Bazaleel

Other Defendants: The unknown wife of Chester Alvord, Mary Larimore, Ford Larimore, Belle Larmore McPherson, Ella George Deen, The unknown husband Ella George Deen, Heirs at Law of Mrs. S. M. Larmore, declared, Heirs of law of Isaac George deceased

Mortgage of Amanda M. George and Ella George Deen heirs of Isaac George is fully satisfied.

Quiet Title Notice published in the Auburn Courier. Defendants in default. Court finds for the Plaintiff that he is the owner of Lot 75 in the original Plat of the City of Auburn.

Order Book 37

March Term 1902, Page 542

Lake, Charles J.

Wabash Railway Co. and William Williamston

   

Foreclose laborers lien. Plaintiff dismisses the case.

Civil Book 37

Page 13, Oct. 8, 1901

Lanning, Geo. L.

Pacific Mutual Life Insurance Co.

   

Case dismissed at plaintiff costs.

Order Book 37

March Term 1902, Page 509

Leas, Daniel L.

May, John B.

   

On Note: Plaintiff dismisses the cause.

Order Book 37

Page 23,24 Oct. 8, 1901

Leas, Hezekiah K.

Colegrove, James

   

Mortgage foreclosure Defendant notified by notice in the Auburn Courier Defendant in default. Property is lot 22 in the old plat of Uniontown (now Waterloo) Edward Wareham was appointed receiver.

Order Book 37

March Term 1902, Page 538, 539, 540

Lemmon, S. W.

Mulholland, James W.

Other Defendants: C. D. Reed, John Conners

 

Complaint for Money Case started October 25, 1901 in Keyser Township. Case about a Promissory Note dated January 28, 1899 Note included as Exhibit A.

Order Book 37

October Term 1901 Oct. 21, 1901, Page 86-88

Levy, Aaron

Hoblawitz, William

Other Plaintiff; Herman Hirsch Prev. Firm name. Aaron Levy and Co. Also known as Levy & Hirsch

June 14, 1898 before Henry A. Potter a Justice of Peace in Wilmington Township a complaint was filed.

Re note of January 7,1893. promising to pay $36.35 at 8% interest. Note was payable to Knisley, Boots & Co. Bank in Butler, IN. Plaintiff now claims $65.97 due. Payment is made Oct. 18, 1901 acknowledgment made that payment was made by defendant’s father Anton Hoblawitz.

Order Book 37

October Term 1901, Page 53, 95, 101, 104, 174, December Term 1901, Page 227, 348, 349, 350, March Term 1902, 501, 502

Levy, Ben

Baxter, Helen

Margaret Milligan files a cross complaint against Ben Levy

On Page 95 defendants John W. Baxter and Ella E. Baxter,

Abbey Oberlin, William H. Oberlin, Page 174 Other names mentioned Albert J. Mason, Warren A. Mason, Nettie L Mason. Albert J. Mason, Warren A. Mason and Margaret Milligan file affidavit-showing non-residency of Helen Baxter. Notice of action filed in Butler Herald.

Mortgage. Page 101. Margaret Milligan withdraws complaint. Page 104 Margaret Milligan files an amended Cross-complaint. Page 227 Samuel Morris is now appointed Special Judge to try this case. Page 348 Samuel Morris declines appointment of Special Judge. Wilmer Leonard is duly appointed. Page 349 Notice of Action filed in the Butler Herald. Defendant in default. Defendant Ella Baxter files general denial to cross complaint of Margaret Milligan and Albert J. Mason. Case continued. Page 501, 502 after cross-complaints, etc, all parties dismiss the cause as to all parties.

Order Book 37

March Term 1902, Page 505, 506, 507

Lewis, Abner

Patterson, Chauncy

Other Plaintiff: Alice Lewis, Other Defendant: May Patterson and Mary Scott

 

Foreclose Mortgage. Defendants Chauncy and May Patterson in default. Case goes to trial. Plaintiff to recover $135. from C. Patterson. Mortgage described is entitled to foreclosure. Mary Scott has a lien against defendant C. Patterson . Foreclosure on Lot 53 in Shaffer, Boland and Robbins Addition to the Town of Auburn.

Order Book 37

October Term 1901, Page 175

Little, William R.

Shutt, Marion F.

Other Defendant William Burns

 

Defendants three times called and are in default. Case goes to trial and Plaintiff to recover from Defendants $151.75 and all costs.

Order Book 37

October Term 1901, Page 52, 68, 116, December Term 1901, Page 207, 208, 209

Livergood, Alvin

Whitman, Catharine

Beulah Cameron, Administratrix of the estate of L. G. Cameron files a petition to be made party as a defendant.

 

Mortgage. Page 68 Plaintiff files answer defendant owes to cross-complaint of Beulah Cameron. Page 116 Beulah Cameron, Administratrix files demur. Pages 207-209 Land: Commencing on the Northeast ¼ of Section 20, Township 35, North of Range 15 East. Land to be foreclosed. Catharine Whitman owes Plaintiff $138.25. Defendant owes Beulah Cameron $46. on a second lien.

Order Book 37

October Term 1901, Page 25, December Term 1901, Page 217, 286

Loveland, Judson

Jones, Robert W.

   

Case is dismissed at plaintiff’s costs. Page 217 Note and the foreclosure Mechanics Lien. Attorney appears for Defendant. Page 286 Plaintiff dismisses the case.

Order Book 37

December Term 1901 Page 220, 235, 274, 369

Lower, Solomon

Jones, Milton C.

Other Plaintiff: William Lower, Other Defendants Agnes B. Jones, William N. Jones

 

Re Account:

Plaintiff dismisses the case Page 235 Submitted to the Court for trial. Page 274 Case to continue. Page 369 Case concluded and Plaintiff to recover $82. and costs.

Order Book 37

October Term 1901, Page 160, December Term 1901 Page 222-335, 338, 345

Lowry, Robert

Hook, Jacob M.

   

Attorney appears for defendant. Page 222 case continued. Page 335 Case goes to trial. Page 338 The jury finds for the Plaintiff and assesses his damages at $75. Page 345 Plaintiff to recover $75.

Order Book 37

March Term 1902, Page 542

Lung, Elizabeth

Dapp, Henry

   

Damages. Attorney appears for the Defendant.

Order Book 37

October Term 1901, Page 27

Luther, Otto

Shefer, John

   

Case dismissed by Plaintiff

Civil Book 37

Page 14, Oct. 8, 1901

Madden, A. W.

Ocker, Bell M.

   

Case continued to next term.

Order Book 37

October Term, 1901 page 101,118-123, 140, 141, 169

Madden, Alpheus W. Admin Herman N. Coffinberry Estate

Coffinberry, William

 

Findings of Court.

1. Herman N. Coffinberry died intestate in the year 1897. He left a wife: Elizabeth K, Coffinberry, two children: William Ah. Coffinberry and John Coffinberry.

2. John Yarde was appointed Administrator and continued until death of said Yarde. And the Plaintiff was appointed Administrator de bonis non.

3. Estate is insolvent.

4. Decedent, prior to 1886 lived in Butler, IN and was employed as train-master for Wabash Railroad Co. His pay was $150 per month. In 1886 he moved to Garrett and was train-master for the Baltimore and Ohio R. R. Co, receiving $190. per month. He continued this employment until his election as Auditor of DeKalb County, Nov. 1890 when he moved to Auburn. In 1894 after his term of office he moved to Garrett. In Garrett he established a bank.

5. When decedent removed from the Wabash Railway he was presented with a gold watch and chain (Plaintiff claims it was a gift to him). Value at time of receipt $15. Value at time of death of decedent $75. There is more to the document giving value of jewelry and how it became in the possession of William. Court decides against defendant. Defendant appeals to appellate Court.

Goes to Trial. Pages 118-123 Court signs and files its findings. (Alpheus W. madden, Administrator de bonis non of the Estate of Coffinberry,) one line on 140 and on 141 Defendant files an appeal bond $1,500.. William Coffinberry to return of certain personal property. Or pay $680. This is in appeal. Page 169 Defendant files a bill of exceptions containing the evidence adduced upon the trial.

Order Book 37

December 1901, Page 303

Mager, John B.

Baltimore and Ohio R. R. Co.

   

Case to be continued.

Order Book 37

December Term 1901, Page 211

Markel, Henry

Baltz, J. F.

Other Defendant: Simeon Maurer

 

On Note Plaintiff motions for case to be dismissed.

Order Book 37

December Term 1901, Page 307

McClaran, John C.

Thomas, Alfred J.

   

Affidavit filed of non-residency of Defendant. Notice published in the Auburn Dispatch (Jan. 1902)

Order Book 37

October Term 1901, Page 105, 109

McDonald, William

Till, Richard

Other Defendant: Margaret Till

 

Writ of Habeas Corpus.(no details) Page 109 The custody of Richard McDonald (child named in Habeas Corpus) be given to the Plaintiff. Case dismissed at Plaintiff costs.

Order Book 37

December Term 1901, Page 292, 354, March Term 1902, Page 393, 447, 472

McFillen, Anne

Burrett, John R. et al

Other defendant Susan Burrett, Gengler, Henry W. Brant, Receiver of American Building and Loan Association.

 

Page 354 Plaintiff given leave to file an amended complaint. Page 393 Attorneys appear for defendant. Page 447 Foreclosure of Mortgage. Plaintiff adds John P. Stoner, Caroline Stoner and Louis J. Gengler as additional defendants. Page 472 Attorney appears for Stoner and Strouse

Order Book 37

December Term 1901, Page 345 Case continued to Book 38

McIntosh, Etta

Anthony, Milton, et al

   

Case continued.

Order Book 37

December Term 1901, Page 205, 217, 222, 244, page 276, 277, 282, 283, 291, 372, March Term 1902, Page 404, 410, 469, 542

McIntosh, Jay

Washburn, David

   

Attachment Attorneys for Plaintiff and Defendant. Page 217 Defendant moves Court to acquire the Plaintiff to file bill of particulars. Page 222, Court overrules amending the affidavit. Page 244 defendant answers (no details available). Page 276, 277 Jury Trial. Continued Page 282 jury to deliberate. Page 283 Jury finds for the Plaintiff. Fine of $160. Page 291 motion filed for a new trial. Page 372 New trial is granted. Page 404 Attachment. Case continues. Page 410 Case continued re Attachment. Page 469 Plaintiff files a reply in general denial. Page 542 Plaintiff dismisses the cause.

Order Book 37

Page 21, Oct. 8, 1901, December Term 1901, Page 211, 281, 292, 368

McKenna, E. M.

Gonser, Willard F.

Other Plaintiff W.S. Sharpless, other Defendants William Grimm, Mrs. William Grim.

 

Plaintiff files a demure Page 211 Re Account Defendants file motion to dismiss appeal. Page 281 Case committed to the Court for trial. Page 292. Evidence continued. Page 368 Court finds for the defendants. William Grim and Mrs. Will Prosecutor files a nol Prosequi (Prosecutor will not longer prosecute the case). Case is dismissed. William Grim to recover all their costs.

Order Book 37

March Term 1902, Page 464, 523

Mercer, Letitia

Kepler, Samuel et al

Other defendants: John Kepler, Monroe Husselman, Jacob Kepler and Abbie Swift, Harry Russell, Burnside Clapham Solomon Kepler, Andrew Kepler, Samuel B. Husselman, Jane Perkey and Earnest Perkey.

Minors Harry Russell and Burnside Clapham. James H. Rose guardian ad litem.

Cancel mortgage and quiet Title. Summons to be issued by Sheriff of Steuben County for Jacob Kepler and Abbie Swift. By the Sheriff of Whitley County Harry Russel, Burnside Clapham and Sheriff of Lagrange County to Solomon Kepler. Affidavit for non-residency for Andrew Kepler, Burnside Clapham, Samuel B. Husselman, Jane Perkey and Earnest Perkey. Page 523

Order Book 37

December Term 1901, Page 347

Milligan, Margaret

Alwood, Anamas

Other Defendant: Elizabeth Alwood

 

On Note: Defendant three times called an in default. Court trial. Court rules for the Plaintiff in the sum of $93.52

Order Book 37

October Term 1901, Page 30, 111, 115, December Term 1901, Page 247, 257. Page 299 (carried over to page 337), Page 360, 361

Miller, Genora

Saylor, Loren S.

Other Defendant Elizabeth Saylor

 

Attorney appointed for defendants. Page 111 no details. Case continued. Page 115 Defendants demurs on ground of improper joiner of cause of action. Court sustained and ordered separate cases. Page 247 case continued. (Case is on Note and for fraud and deceit) Page 257 Mentions death of Elizabeth Saylor. Case postponed until and Administrator for the estate is appointed. Page 299 Case dismissed against Elizabeth Saylor Page 337 went to trial and court withdrew from the Jury and takes under advisement. Page 360, 361 On note and for fraud & deceit Court finds for the Plaintiff. Plaintiff to recover $113.40 and all costs.

Order Book 37

December Term 1901, Page 302, 443, 444

Miller, John E.

Upson, Jesse et al

Other Defendants, Unknown heirs of Jessie Upson, Mary D. Upson and unknown heirs, Elizabeth R. Upson, Deceased, Cornelia Upson and unknown heirs Julia Ann Upson and unknown heirs, Mary Upson and unknown heirs.

 

Affidavit filed of Non-residency of the defendants. Notice filed in the Auburn Dispatch. Jan. 1902. Page 443, 444 Notice to the defendants published in the Auburn Dispatch. Defendants are in default. Court finds for the default. And that the Plaintiff John E. Miller is owner of the Southwest ¼ of Section 19, Township 34, North range 14 East.

Order Book 37

March Term 1902, Page 438-441

Miller, Lafayette J. et al

Coffinberry, Elizabeth K.

Other Plaintiffs Elizabeth A. McClellan (along with Plaintiff executor of the estate of C. A. O. McClelland, deceased

 

C. W. Watkins appointed special judge To correct order book entries

Order Book 37

October Term 1901, Page 135, December Term 1901, Page 304, 358, 359

Miller, Mary

Workings, Lucy

   

Attorney (Rose & Rose) withdraws appearance for defendant. Page 304 Attorney J. E. Pomery withdraws from case. Page 358 For alienating husband’s affections. Defendant three times called and is in default. Page 359 The Plaintiff is three times called and is in default. Since Plaintiff failed to appear case is dismissed.

Order Book 37

October Term, 1901, 117, 149, 150, 160

Mitchell, John M.

Model Gas Engine Co.

   

Damages Page 149, 150. Case goes to trial. Jury finds for the Plaintiff and assesses his damages at $40. Page 160 Plaintiff to recover $40 in damages and all costs. Albert C. Robbins becomes replevin bail for stay of execution.

Order Book 37

December Term, 1901 Page 205, 226,228, 230, 235

Moughler, David et al

Moughler, Hannah et al

Other Defendant: Amos Moughler

 

Writ of Habeas Corpus Page 226 Case committed to Court for trial. Page 230 Trial continues. Page 235 Court finds for the defendant.

Order Book 37

October Term 1901, Page 91, 92

Mountz, Francis W.

Blair, James

Garnishee Baltimore & Ohio Railroad Co.

 

Attachment and Garnishment. Baltimore & Ohio R.R. not responsible. James Blair to pay $38. and all costs.

Order Book 37

March Term 1902, Page 540, 541

Moyer, Karl

Roach, John A.

   

Complaint for Money Case originated in Keyser Township. Particulars of Note are included as Exhibit A on Page 541.

Order Book 37

March Term 1902, Page 410

Murphy, Amos P.

Knisely, Barbara E.

   

Partition. Plaintiff dismisses the case.

Order Book 37

October Term 1901, Pages 27, 28

Myers, Flora L.

Ensley, Joseph E.

Other Plaintiff Ardella Gibson

 

On Note: Plaintiff to recover from defendant $192.86.

Order Book 37

Vacation Term after December Term 1901, Page 383, March Term 1902, Page 395

National Biscuit Co.

Girardor, Seraphine

   

Plaintiff dismisses the case. Page 395 Plaintiff dismisses the case (again)

Order Book 37

December Term 1901, Page 290, 291

National Supply Co.

Binder, Otte

   

Account

Plaintiff to recover $80 from the defendants.

Order Book 37

October Term 1901, Page 111, 112, 136, 214 December Term 1901, Page 237

Newcomer, George W.

Henning, Louis A.

Other Defendant: John H. Hathaway

 

Injunction Defendants restrained from selling real estate: The Southeast ¼ of the Southwest ¼ of Section 8 in Township 35 North of range 14 East, also the Southwest ¼ of the Southeast ¼ of Section in said township and range. Page 136 case continued. Page 214, case continued. Page 237 Plaintiff asks for case to be dismissed.

Order Book 37

December Term 1901, Page 303

Nichols, Florence

Baltimore and Ohio R. R. Co

   

Damages Plaintiff dismisses case.

Order Book 37

December Term 1901, Page 220, 359, 360

Noble County Bank

Groh, Willis

Other Defendants: Maurice Groh, Charles E. Freed

 

Chattel Mortgage Defendants are in default. Plaintiff dismisses case as to Charles E. Freed. Court finds for Plaintiff and Plaintiff to recover $255. which is secured by a mortgage. Mortgage to be foreclosed. Chattel Mortgage on One Birdsell Traction Engine, Ten horse Power, the Only Birdsell Traction Engine then or now owned by the Mortgagee.

Order Book 37

October Term 1901, Page 30, 107, 151, March Term 1902, Page 465, 471, 472

Nusbaum, William H.

Borst, Frank A.

   

Page 30, Attorney appears for Defendant. Page 107 Defendant denies complaint. Page 151 case continued. Page 465 on Note. Defendants answer withdrawn. Page 471, 472 Attorney for Defendant withdraws from case. Defendant in default. Case goes to Court trial and the court finds for the Plaintiff. Defendant owes $222.63.

Order Book 37

December Term 1901, Page 336, 448, 449

Olinger, john S.

Weaver, Hiram H. et al

Page 336 Plaintiff files an affidavit of non-residency of Isabella Weaver, Clara Kuhn, James Kuhn, Beatrice Hoadley (and her husband), Regina Weaver, Frank Weaver, Albert O. Weaver, Grace Weaver, William Weaver, Samuel Weaver, Margaret Weaver, Eli Weaver, William D. Spangler and Clara L. Spangler

 

Quiet Title. Page 336 notice of action published in the Auburn Dispatch. Court finds for the Plaintiff and he is the owner of ten acres of the South end of the East 30 acres of the Northeast ¼ of the Southwest ¼ of Section 25 in Township 34 North of Range 12 East.

Order Book 37

March Term 1902, Page 395, 428, 526

Packard Company

Baltimore & Ohio R. R. Co.

   

Damages, Defendant ordered to answer. Page 428 Defendant answers in general denial Page 526 Plaintiff dismisses the case.

Order Book 37

March Term 1902, Page 466, 473

Port Huron Engine & Thresher Co.

Metcalf, Andrew

   

Foreclose Mortgage. Attorney appears for defendant. Page 473 Case continued.

Order Book 37

December Term 1901, Page 206, 253

Probst, George W.

Probst, Lydia A

   

Plaintiff files bond as guardian of defendant.

Order Book 37

October Term 1901, Page 168, 173

Provines, May

Baltimore and Ohio Railroad Co.

   

Affidavit filed to change venue. Page 73 Changed to Steuben Count.

Order Book 37

December Term 1901, Page 223

Purdy, Wilson S.

Wountz, Eliza,

Other Defendant George Wountz

 

Foreclosure of Lien.

Order Book 37

December Term 1901, Page 355

Rader, William

Hanna, Hovey

   

Mechanics Lien Defendant three times called and is in default. Case goes to trial. Court finds for Plaintiff. To recover $5.

Order Book 37

December Term 1901, Page 218, 223, Page 286, 303, 346

Ray, Emma

Baltimore and Ohio Railroad Co.

   

On Contract. Page 223 Defendant ruled to answer Page 286 Case continued. Page 303 Case continued. Page 346 Continued until March Term.

Order Book 37

October Term 1901, Page 27, 103

Reed, Elmer

Franklin

Dills, Emily A. R.

   

Defendant ruled to answer Page 103 Case is dismissed at Plaintiff costs.

Order Book 37

October Term 1901, Oct. 9, 1901 Page 42, Page 57, 77, 106, 124, 128, 139, 163-168, 173

Ritter, James N. et al

Morris, Ida A. et al

Other defendants: Maude Morris, Helen Morris and Ruth M. Morris. John H. Hathaway Page 128 Infancy of Maude, Helen and Ruth John W. Baxter is made guardian ad litem and withdraws as appearance as attorney.

On July 27, 1900 judgment rendered for plaint in the amount of $200. plus costs. Others involved in the case: Isaac Whirlidge was always engaged in saloon business in Garrett. Samuel Bevier and Henry Schulthes (The case is too involved to place more in this file.) Page 173 Morris files for a new trial. Defendants pray for an Appeal. Mary A. McDowell is surety.

Demurs filed by defendants. Page 57 Defendants file a demur and court overrules. Page 77 Defendant John Hathaway files general denial to the complaint. Page 106 Plaintiff asks for continuance of the case. Court agrees. Page 124 Case continued and submitted for trial. Page 139 submitted to Court for trial. Page 163 –168 Special findings of facts. 1. Plaintiff James N. Ritter was on December 6, 1899 engaged in salon business in the City of Garrett. He unlawfully sold to William M. Morris intoxicating liquor. Morris became drunk and because of which fell and died. Ida Morris was the wife of William Morris. He was the father of the other defendants.

Order Book 37

October Term 1901, Page 52, December Term 1901 Page 243, 263, 372

Robbins, Albert C. Trustee under the Will of Julia Ann Dancer

Dancer, Jessie et al

Defendants who did not appear, Hiram Rumfield, Mary F. Stern, Elizabeth Vanderassen, John Rumfield and Jennie B. Standrod.

 

Page 243 Jesse Dancer is from LaGrange Count, Indiana and a minor. Guardian of Jesse is Harmer M. Noonan. Trustee is ordered to procure an abstract of title to the lands in question. Page 263 Death of Hiram Rumfield Page 372 Construction of Will. (re: Will of Julia Ann Dancer, deceased and her son William B. Dancer, now deceased) It is therefore adjudged by the Court that the Will of Julia Ann Dancer, deceased be and is herby construed to mean that her son William B. Dancer, now deceased, took an absolute estate in fee simple in all of testatrix property.)

Order Book 37

October Term 1901, Page 78

Roby, Anna M

Rohm, Lydia

Other Defendant, Simon Rohm

 

Only one line: Case dismissed.

Civil Book 37

Page 15, Oct. 8, 1901, Page 38, Page 45, December Term 1901, Page 268

Roby, Frank S.

Robbins, Albert C. et al

On Page 45 Plaintiff files an amended complaint to include defendant Samuel A. Harper

 

Defendants are ruled to answer Page 38 Plea in abatement filed. Page 45 re Account The defendants file a withdrawal in abatement and files a general denial Page 268 Plaintiff wants to see books and papers for inspection. Defendant objects.

Order Book 37

March Term 1902, Page 455, 456

Rogers, Harris

Rogers, Sabie

Other Plaintiff: Pauline J. Rogers. Other Defendant: Irma Rogers

 

Sarah E. Rogers is being sued under the name of Sabie Rogers. Sarah E Rogers is guardian of Irma M. Rogers, who is an infant. A plea in Abatement is filed and cross-complaints.

Order Book 37

Page 23 October 8, 1901

Ross, Charles F.

Board of Commissioners of DeKalb Co.

   

Case dismissed at defendants costs.

Order Book 37

December Term 1901, Page 231,,232, 233, 234

Ross, George W.

May, Ora R.

Other Plaintiffs: Herbert R. Rice doing business under firm name Ross & Rice.

 

Original case in Mayor’s Court before James Graves, Mayor of the City of Kendallville in Noble, County, IN.

Case: Complaint on Account. Defendant owes $25.27 on account (a full page of items on account appears on page 232) Page 233, 234 proceedings in the Nobel Court.

Civil Book 37

Page 20, 21 Oct. 8, 1901

Russell, George O.

Kelley, Thomas

Other Defendant Baltimore and Ohio R. Co.

 

Kelley three times called an is in default. Baltimore and Ohio Railroad is indebted $50 to Thomas Kelley and the railroad was to pay the sheriff to satisfy the execution against Thomas Kelley

Order Book 37

October Term 1901, Page 63

Russell, G. O. Jr.

Wilson, William E.

 

$35.48 due for a suit of clothes ordered by William E. Wilson.

Before William Willis a Justice of the Peace and for Turkey Creek township, Kosciusko County, IN.

Order Book 37

March Term 1902, Pages 396-401

Sattison, Mary

Huyck, John

Other defendants: Mary Huyck, Jonathan Haverstock, Anderson Haverstock, Marian Haverstock, Martha Sattison, Melissa Kelley, Adam Yesbera, James D. Wilcox, Earl Dunfee, The union Central Life Insurance co, Eva Knisely

Real Estate in cause: The southeast ¼ of Section 28 in Township 35 North Range 14 East in DeKalb Count, except 10 acres off of he West end of the North ½ thereof be sold by the Sheriff of DeKalb Count.

To declare and enforce a Vendors Lien. Plaintiff dismisses action as to Adam Yesbera and the Union, Central Life Insurance Co., Earl W. Dunfee and Eva Knisely. Jonathan Haverstock files a cross-complaint. Anderson Haverstock files a cross-complaint. Martha Sattison files a cross-complaint. Melissa Kelley files a cross-complaint. John, Mary Huyck and James D. Wilcox are in default.

Civil Book 37

Page 14, Oct. 8, 1901

Schaab, Wm. H.

Ocker, Belle M.

Other Plaintiff Charles Schaab

 

Case continued until next term.

Order Book 37

March Term 1902, Page 494

Sebring, Manerva

Shull, Eli W.

Other Defendant Eli. W. Minier

 

Partition. Plaintiff dismisses the case.

Order Book 37

December Term 1901, Page 236, 259, 305

Sechler, Joseph

Headley, Wilson et al

Other Defendants: Sarah E. Headley, William Yeagley

 

On Note and to foreclose Mortgage. Defendants are residents of Defiance County, Ohio Page 259 Public notice of action in the newspaper. Page 305 Mortgage and note are paid in full and case dismissed.

Order Book 37

March Term 1902, Page 523

Seiler, Frank P

Shipe, Curtice E.,

Other Defendant: John M. Shipe

 

On Note: Case continued.

Order Book 37

October Term, 1901, Page 108, December Term 1901 Page 213, 240, 285, 338, March Term 1902, Page 404, 410, 480, 484

Sharritt, Emma B.

Sawvel, Reuben

   

Attorney appears for defendant. Page 213 Defendant motions for complaint to be more specific. Page 240 Plaintiff states she is unable to make the complaint more specific. Case continues. Page 285 continuance filed. Page 338 Case to be published. Page 404 To recover money paid on void account. Page 410 case continued. Page 480 Case continued. Page 484 Court overrules Defendants demur.

Order Book 37

December Term 1901, Page 264, March Term 1902, Page 526

Shull, Jacob Et al

Bemeka, Mary et al

Other Defendant: Louisa Bliskey (and her husband whose name is unknown)

 

Quiet Title. Published in the Auburn Courier. Page 526 Plaintiff dismisses the case.

Order Book 37

October Term 1901, Page 26, 49 Page 61, 285, 291

 

 

 

 

 

December Term 1901, Page 292, 295

 

 

 

 

 

 

Page 293

 

 

 

Page 293, 296, 297

 

 

 

Page 294. 297

 

 

 

Page 294, 298

Shuman, John F.

 

 

 

 

 

 

 

 

 

 

Shuman, John F. Trustee

 

 

 

 

 

 

 

 

 

Shuman, John, F. Trustee

 

 

Shuman, John F. Trustee

 

 

 

Shuman, John F. Trustee

 

 

 

Shuman, John F. Trustee

Wise, Charles Et al

 

 

 

 

 

 

 

 

 

 

Kruger, William

 

 

 

 

 

 

 

 

 

 

Garrett Banking Co.

 

 

Wise, Charles

 

 

 

 

Munn, Aaron

 

 

 

 

Shafer, Peter

Plaintiff in the matter of Ida Lumm surviving partner of the surviving partnership of John Lumm & Co.

Garrett Banking Co. is included as a Defendant.

Defendants are ruled to answer Page 61 Request for additional parties to be made defendants, rejected by court. Page 285 case continued. Page 291 Plaintiff to file separate complaint against each defendant.

Page 292 Complaint filed against William Kruger. Page 295 Court finds for the defendant.

Page 293 Complaint filed against Garrett Banking Co.

Page 293 Complaint against Charles Wise. Page 296, 297 Case goes to trial and the court finds for the Defendant.

Page 294 Complaint against Aaron Munn Page 297 Court finds for the Defendant Aaron Munn.

Page 294 Complaint filed against Peter Shafer Page 298 Court finds for the Defendant.

Order Book 37

March Term 1902, Page 415, 450, 451

Singler, Joseph

Fralick, George W.

Other Defendants: Katharine Fralick and John J. Stoehr

 

Katharine and George Fralick are in default. Attorney appears for John J. Stoehr Pages 450 and 451 Foreclose Mortgage. On Lot 18 and the South ½ of Lot 19 in block 53 in Cowen’s addition to the City of Garrett.

Order Book 37

October Term 1901, Page 31, 108, March Term 1902, Page 404

Smith & Nixon Piano Co.

Hendrickson, Mrs. Righty

Other defendant Elisha Henderson

 

Attorneys appear for defendants. Page 108 (Replevin) Case continued. Page 404 Plaintiff dismisses the case.

Order Book 37

Vacation Term 1901, Page 199, 200

Smith, Henry

Strouse, Rolando

   

Restraining order on defendant restraining him from removing, tearing down, destroying or in any way injuring the board fence on either side and along that part of the proposed ditch known as the Henry W. Embry Ditch.

Order Book 37

October Term 1901, Page 32, 33

Smith, Lovina

Smith, Frank, et al

Henry Schuster is made administrator of the estate of William Smith. Simon A. Dilgard is made guardian of Maude Smith.

David Goodwin is the husband of Doretha Goodwin. Edith Smith is the wife of Frank Smith.

Partition. On 35 acres off the East side of the West ½ of the Southeast ¼ of Section 30 in Township 35 North of Range 13 East. To the defendants: Frank Smith, Doretha Goodwin and Maude Smith the West ½ of the Southeast ¼ of Section 30, Township 35 North of

Range 13 and the west fractional ¼ in Section 30, Township 35 North of Range 13 East.( a more detailed description is included)

Order Book 37,

October Term 1901, Page 38,39, 46. 61, 67, 69-73,123, 127, 217, 221, December Term 1901, Page 266, Page 295, 322, 323-334, 336, 345

Smith, Sarah S.

American Mutual Life Ins.. Co.

 

Pages 69-73 Special findings of the Court:

1. August 27, 1890 Plaintiff took out a policy on the life of John T. Wolf. 2. Plaintiff took policy on her father. 3. She was not dependant on her father for support. 4. John F. Wolf lived on a farm near Hudson, Michigan (62 acres) and was a farmer. 5. Policy number 3220. taken out by Cora E. Smith 6. Cora E. Smith was granddaughter of John F. Wolf and she paid all the premiums and payments on the policy. 7. states again that Cora E. Smith was the granddaughter. I. July 8, 1898 Cora Smith married and became Cora Beehler she for a valuable consideration transferred the policy to the Plaintiff and this assignment was approved by the defendant. 9. Cora Beehler was not dependant on John F. Wolf. 10. States that Cora was the granddaughter of John F. Wolf and daughter of plaintiff. 11. John F. Wolf died November 25, 1900. 12. December 7, 1900, the plaintiff provided proof the death to the defendant. 13 and 14 state the conditions of the policy. 15. Bylaws of defendant have been followed. 16. Defendant had 32 death claims in Nov, 1900. 17-31 states the payments paid out on policies and to the Plaintiff.

No details Page 46 Defendant ordered to provide books and papers. Defendant objects, court overrules. Page 61 Depositions to be published. Page 67, jury is waived and case submitted to a Court trial. Case postponed. Page 123 Defendant asks for case to be dismissed. Page 127 Court rules that policy was void and plaintiff cannot recover on either policy. on That defendant can render a judgment for costs against plaintiff. Page 217 Attorney appears for Defendant. Page 221 case continued. Page 266 Case Continued. Page 295 Defendant to file his answer Page 322 and 323 For money had and Received.. Case goes to trial. Jury finds for the plaintiff. Pages 323- 334 Interrogations (Application for Membership (residence Hudson, County of Lenewee, Michigan) John F. Wolf was 72 at the time of application. There is also a Physicians Certificate. There is also a list of interrogations submitted by the Plaintiff to be answered by the Jury. Page 336 continued. Page 345 Court rules Plaintiff Sarah S. Smith recover from the Defendant $512.77 and all cost.

Order Book 37,

October Term 1901, Page 37, 76

Snyder, Maggie

Kline, Ella

   

Slander Attoneys withdraw from case. Ella Kline appears with attorney and files a motion for case to be dismissed. Plaintiff is three times called and is in default. Court sustains dismissal of the case.

Order Book 37

March Term 1902 Page 518, 519, 533-537

Spindler, Laurel

Spindler, Ida May

Other Plaintiffs: Nora A. Spindler, Genora Rowe, David Rowe, and Franklin Spindler, Other Defendants Almira Mortimore, Nannie Landes, Michael Mortimore and David Landis.

 

Partition of R. E.

Ida May Spindler is in Insane Asylum. Chas. E. Emmanuel is appointed guardian ad litem. Parties are tenants in common of The Northeast ¼ of Section 24 in Township 35 North of Range 12 East. Containing 160 acres. Court orders Laurel Spindler, Genora Rowe, and Franklin Spindler, Ida May Spindler, Almira Mortimore, Nannie Landes to each 1/6 of the premises. Pages 533-537 Report of Commissioners

Details of Partition.

Order Book 37

March Term 1902, Page 470

Spokesman Publishing Co.

Yesbera-Richie Carriage Co.

   

On Contract. Plaintiff non-resident. Plaintiff to file a Cash Bond.

Order Book 37

March Term 1902, Page 463

Squires, Francis Mary

Truit, Joseph

   

Account Defendant in default. Court finds for Plaintiff. Plaintiff entitled to recover $50.

Order Book 37

Vacation Term 1901, Page 188-193

State Building & Loan Association of Indiana

Martin, Homer B.

Other Defendants: Albert Baughman, Wado Baughman, Ethel Baughman his wife, Francis R. Baughman, Cornelius Toms, Sarah J. Toms, his Wife, John Mitchel

Court Case held in Albion, Noble Co., IN. Defendants three times called and in default.

On bond and Mortgage. Land Part of the Northeast ¼ of the Northwest ¼ of Section 5, Township 34 North of Range 11 East in Noble County. (detailed description ) Plaintiff to recover from Homer E. Martin and Albert Baughman $400. Also mortgage on Lots 10, 11 in Sunnyside Addition to the town of Kendallville in Noble Co.

Civil Book 37

Page 15, 38 Oct. 8, 1901, page 114

State Building and Loan Association

Geo. F. Kane

   

Plaintiff files a demurer to plea in abatement, which dismisses. Page 114 case is settled and dismissed.

Civil Book 37

Page 11, October 7, 1901

State of Indiana

Hilkard, Charles

Wilber Kramer

C. C. Simon and Frank Hoyer are Sureties.

Defendants are bound to the State of Indiana in the penal sum of $300. to be levied upon their property.

Order Book 37

December Term 1901, Page 243, 276 March Term 1902 Page 479, 510, 512, 514, 522

State of Indiana

Melching, Albert E

The Plaintiff ex rel Will. W. Morrison

 

Damages. Page 276 Case continued. Papers are filed. Page 479 Case Continued. Page 510 Goes to Jury Trial. Continued until the next day. Page 512. Jury Trial and Jury retire for deliberation. Page 514 Jury finds for the defendant. Page 522 Jury ruling that Plaintiff takes nothing from this action and Defendant to recover their costs.

Order Book 37

December Term 1901, Page 292, 414, 415, 422 and 423, 461, 462, March Term 1902, Page 528, 529, 530

Stewart, Carrie B.

Stewart, Ulysses G. et al

 

Pages 528-530 Summons issued by Sheriff of Mecosta County Michigan to Eva A. Headley and as administrator of the estate of Eleazer E. Headley. Eva A. Headley holds a $200 mortgage lien on the land involved (18 acres of land off of the South end of the West ½ of the Southwest ¼ of Section 30, Township 33 North of range 15 East). Sale of lands to Amos R. Lorah (Commissioners deed on page 529)

Partition: Page 292 (Jan 14, 1902 Case 6460) Notice of Non-residency filed in Waterloo Press. Pages 414, 415 The death of the defendant Eleazer E. Headley and Eva A. Headley is administratrix of the estate. Summons issued for Eva H. Headley Page 422, 423 Ulysses Stewart in default. Court trial Plaintiff and Defendants are owners in equal shares as tenants in common of the lands mortgaged to Eleazer Headley. Due on Mortgage $216. and Plaintiff has paid insurance and taxes $414.65. Land to be sold. Page 461 and 462. Partition. Real Estate ordered sold subject to mortgage of Eva A. Headley.

Order Book 37

Page 21, 22 Oct 8 1901

Stonebraker, John

Jackson, James M.

Other Plaintiff: Rosa Stonebraker

 

Notice of action filed in the Auburn Dispatch. Defendant in default. Court rules that John and Rosa Stonebraker are the owners of 40 acres of land off of the south side of the Southeast corner of Section 23 in Township 34 North range 13 East, exclusive and after taking out he right of way of the Detroit, Eel River and Illinois railroad now operated by the Wabash Railroad company

Order Book 37

March Term 1902, Page 442

Swank, Irvin O.

Moses, Julia et al

   

Attorney appears for defendants.

Civil Book 37

Pages 15, 16 Oct. 8, 1901

Taylor, John

Sarah Kelley

Other Defendants Sarah Kelley’s husband and heirs, Sarah Worth and her husband and heirs, Cyrus D. Baxter, Worth Baxter

 

Notice of Action filed in the Butler Herald. Defendants in default. Court finds John Taylor is the owner of the Southwest ¼ of Section 25 Township 35 North of Range 13 East except 1 acre in the Southwest corner.

Order Book 37

December Term 1901, Page 269, 305, 354, 447, March Term 1902, Pages 448, 466, 500, 504

Teeters, Josiah C.

Lake Shore & Michigan Southern Railway Co.

   

Summons to be issued. Page 305 Attorneys appear for the defendant. Page 354 Defendant asks Plaintiff to make request more specific. Page 447 Damages. Plaintiff ordered to make each complaint more specific. Page 466 Plaintiff files an amended complaint. Page 500 Plaintiff files motion for judgment as default for failure of the defendant to answer. Page 504 Case continued.

Order Book 37

March Term 1902, Page 395, 442

Teeters, Samuel S.

Incandescent Co.

   

Damages Defendant three times called and is in default. Page 442 Court trial. Court finds for the Plaintiffs and to recover $2,150 and all costs.

Order Book 37

March Term 1902, Page 495

Teutsch, Peter et al

Teutsch, Christian et al

Other Defendant Almira Teutsch

Defendant Christian Teutsch files a cross-complaint against Peter, Eugene and Geo. E. Teutsch, Gertrude Davis, Charles Davis, Mary Tomlinson, Thomas Tomlinson and Detie Tomlinson.

Partition.

Order Book 37

March Term 1902, Page 406

Thieme, John A.

Linderman, Harry

Other Plaintiff: John G. Thieme, other Defendant: B. & O. R. R. Co.

 

Plaintiff dismisses the case.

Order Book 37

December Term 1901, Page 241, 245, 284, 418-420

Thomas, William S.

McKinley, Adam

Other Defendants Isaac Miller, Mrs. Dora McKinley and Mrs. Isaac Miller

 

Defendant ordered to answer. Page 245 Defendant Isaac Miller named. Page 284 Defendants Adam and Dora McKinley are non-residence. Notified in the local newspaper of action. Page 418-420. Notice was filed in the Waterloo Press. Adam and Dora McKinley are in default. Court trial (jury trial waived) Adam McKinley is indebted to the plaintiff $170. Adam McKinley is a non-resident of the State of Indiana. Prior to the 5th day of December Adam and Dora McKinley were tenants in entirety of premises on the North line of Section 23 in Township 33, North of range 12 East (further description on page 419) McKinley’s sold to Isaac Miller.

Order Book 37

December Term 1901, Page 213, 253

Thomas, Zachariah T.

Union Central Life Insurance Co.

   

Contract. Case continued and Plaintiff ordered to answer questions of the Defendant. Page 253 Plaintiff ask for case to be dismissed.

Order Book 37

March Term 1902, Page 428

Toledo Supply co.

Binder, Otto W

   

Account. Defendant in default. Court Trial finds for the Plaintiff and Defendant owes Plaintiff $71.42

Order Book 37

December Term 1901, Page 266, 313-314, 341-342

Truit, Joseph

Squier, Isaac A.

Other Defendant May F. Squier

Page 341, 342 Commissioners Report. Partition of the Anne Truitt estate in Section 5, Jackson Township. Commissioners grant to Joseph Truit in lieu of his 1/3 interest in value of said premises: A part of the Northeast ¼ of Section 5, Township 33 North range 13 East. (then as detailed description follows on page 341. The Commissioners give to Isaac A. and Mary f. Squiers in lieu of their 2/3 interests a part of the Northeast ¼ of Section 5, Township 33 North range 13 East.

Partition. Attorney appears for the defendant. Beginning with pages 313-Committed to court for trial. Plaintiff owner of undivided 1/3 and the Defendants of 2/3 of the premises: A part of the Northeast ¼ of Section 5, Township 35 Section 12 South (a further description is included in the pages (313-314)

Order Book 37

March Term 1902, Page 401, 402

Venderly, Rosa

Girardot, Joseph

In the distribution of funds the following addresses: Amos Girardot, Zulu, In., Agnes Campbell (Fort Wayne), Felicia Blaising, Amelia Kraus, Mary Girardot: Garrett, IN. and Clemy Craig, Olive Girardot, Colorado.

Note: In the DeKalb marriages there is a marriage for a George Venderly (age 53) to Rose Girardot (maiden name of Hibredt, age 58) born in Canada. They were Married April 25, 1895 at Biscon, IN.

Alleged death. Notice filed in the Auburn Courier and Indiana State Journal. Court trial. Finding that the Defendant died intestate and left his property in the hands of the Clerk as alleged and left no debts. Surviving him as his only heirs at law, the Plaintiff, his mother and his brother Amos Girardot. After paying costs, payment ½ to the plaintiff, Rose Venderly, and the other half to Amos Girardot, Agnes, Campbell, Felicia Blaising, Amelia Krause, Mary Girardot, Delia Grobis, Rose Pomeroy, Clemy Craig and Olive Girardot.

Order Book 37

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Civil Book 38

October Term 1901, Page 111, 142, 143. 159, 161, 187, December Term 1901, Page 287, 453, 454, 455, 460, 461, March Term 1902, Page 483, 546, 547-579

Also See Order Book 38

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pages 1-21, Also page 77

Voss, Charles et al

Waterloo Water Co. et al

Other Plaintiffs: Norris Williamson, Frank Bevier, Samuel Kennedy, and T. J. Carpenter. C. L. Olds Construction Co. another defendant. Other Defendants: E. F. Yarnelle, Charles H. Worden, Charles L. Olds, The Town of Waterloo, Alonzo Lower, Ellsworth Montevon, Daniel L. Leas James Blanchard and George Huber.

Page 546 Injunction. Special findings: 1. Plaintiffs are residents of the Incorporated Town of Waterloo. 2. Town of Waterloo is a legal entity. 3. On May 1, 1901 until present Alonzo Lower, Daniel L Leas, Ellsworth Montavon, James Blanchard and George Huber were and are Trustees of said Town until May 1903. 4. Population of Waterloo 1,244 re Census of 1900. Alonzo Lower is President of the Board of Trustees and Stephen A. Bowman is Clerk of said term.. The town has no system of water-works and no system of streetlights; but is supplied by wells with water for domestic use and cisterns, some of which are in need of repair. (Constructed at various points in said town for protection against fire. 5. C.L. Olds Construction Company, a legitimate corporation with principal office in Fort Wayne, Allen C. 7. Charles E. Worden, Charles L. Olds and Edward F. Yarnelle are Citizens of Ft. Wayne, Allen Co. Charles H. Worden (Attorney), Charles L. Olds (President and General Manager), and Edward F. Yarnelle (Director and Vice President) formed Articles of Incorporate of the Waterloo Water. Co. Said Articles are found on pages 548, 549. State approved. 8. Board of Trustees of Town of Waterloo granted a franchise to the Waterloo Electric and Light and Power Co. nothing happened. Fall of 1901 a franchise was issued to Graube and Flack to construct an electric Light Plant No rights were exercised. The rest of the pages continue on the problem and details of the Town of Waterloo to build a Light Plant. And Water Co.

 

 

Interrogations to be answered by Charles L. Olds, Charles Worden and E. F. Yarnell Page 142, case continue Page 159 Plaintiff withdraws exhibits to complaint. Page 161 case continued. Page 187 case continued. Page 287 Case continued. Page 453, 454 Injunction: William M. Brown Special Judge Page 455 Case postponed for a day. Page 460 Case postponed. Page 461 postponed until some future date. Page 483 Charles Bundy asks leave to withdraw from the case as Plaintiff. Court to take case under advisement.

Civil Book 37

Pages 1-3, 5-8,52, 53, 79-86, 146, 147,187, 195-198, 200, 205-206

Wabash R. R. Co.

B.O. Railroad Co. J. C. Stuart General Superintendent of the B. & O.

Arbitrator Chosen for the plaintiff. Mr. George W. Vaughn, 2476 Archer Avenue, Chicago, Ill., also the Baltimore and Ohio and Chicago Railroad Co.

Mr. Henry F. Baldwin Chief Engineer of the Chicago and Alton Railway Co. is chosen as one of the Commissioners by the B. & O.

Complaint for a grade crossing. ,Pages 5-8 W. E. Dauchy chosen as the third commissioner. Pages 52 and 53 Appropriation of Lands. 79: Re Right of Way for crossing over defendant railroad. Page 146, 147 Defendant appealed to the Appellate Court Page 187 The Clerk of DeKalb prepares papers for higher court. Page 195-198 Restraining order in effect to stop any hindrance to Plaintiffs. Land in question A part of the Southwest ¼ of the Northwest ¼ of Section 16 in Township 33 North Range 14 East. (detailed description included in complaint) Page 200 Plaintiff withdraws temporary restraining order. Page 206 Court dismisses the case.

Order Book 37

October Term 1901, Page 44

Wagoner, Martin et al

Wagoner, Michael

Other plaintiff Emma Moss

 

Plaintiffs withdraw petition

Order Book 37

Vacation after December Term 1901, Feb. 1902 Page 377- 383.

Watson, Alexander

Huyck, John

   

Transcript for Lien. Before G. B. Soule, Justice of the Peace for Franklin Township. Re complaint filed December 18, 1883. A detailed account including a bill of particulars is recorded on pages 377-382. A. Watson assigns all interest to J. D. Wilcox.

Order Book 371

October Term 1901, Page 77

Weeks, Stella

Spangler, William

   

Defendant dismisses his appeal.

Order Book 37

October Term 1901, Page 44, 98, Page 115, 134

Widmer, Alva C et al

Gage, George E. et al

Other defendants Emil Hill, Herman Sithin, Carrie Gage. Fred Groscup, Charles Rodeman defendant Sylvester Cocamower

 

Other defendants filed cross complaint against George Gage and Carrie Gage. Page 115 Defendant Sylvester Cocamower files cross-complaint. Page 134 case is dismissed

Order Book 37

Vacation 1901 Page 182-184

Widner, Alfus

Sanders, Sarah

Heard before Henry Harvy Justice of Peace for Keyser Twp.

 

Owing on Promissory Note Date Feb. 3, 1892 Payment schedule is spelled out. Defendant in default and now due $113.70 No property to serve execution.

Order Book 37

Vacation Term 1901 page 180, 181

Wilhelm, Frank

Stifer, Fred

   

Defendant indebted for $11. a balance on suit of clothes.

Order Book 37

October Term 1901, Page 32, December Term 1901, Page 220, 259

Williamson, Eli Y.

Shumaker, Charles

   

Case continued.

Page 220 Published notice in the Auburn Courier. Defendants are in default. Page 259 On Note and in attachment. Case goes to trial and amount due is $50.17. Defendant is a non-resident of the State of Indiana. The property involved: The undivided ½ of Lot 5 in Center Addition to the Town of Waterloo.

Order Book 37

March Term. 1902, Page 405

Willis, Moses B

Ulph, Elizabeth

Other Defendant: John H. Hathaway

 

Injunction to Quiet Title appearance of attorney for defendant.

Order Book 37

October Term 1901, Page 31

Willman, Caroline

Shafer, Amelia Francis

   

Attorneys appear for the defendant

Order Book 37

March Term 1902, Page 495

Wilmot, Ella

Wilt, Franklin P.

Other Plaintiff Hayden Wilmot, Other Defendant: John H. Hathaway

 

Replevin.

Order Book 37

March Term 1902, Page 407-409,413, 415, 464, 470

Wilt, Franklin P.

Andress, C. M.

Other Defendant: Hayden Wilmot

 

Account and Writ of Attachment Defendants in default. Court trial. Plaintiff to recover from defendant $82.56 Plaintiff finds that in his proceedings in garnishment the defendant Wilmont is indebted to Andress $200. Attorney appears for defendant. Page 464 order set aside as to defendant Wilmot. Page 470 Plaintiff dismisses the case.

Order Book 37

October Term 1901, Page 26, 62,

December Term 1901, Page 211

Wineland, Ephraim Admin.

B. & O. Railroad Co.

Plaintiff administrator of May Ann Kline Est.

 

Defendant files a demur. Page 62 Defendant demurs and Court overrules. Page 211 Case is settled and dismissed.

Order Book 37

October Term 1901, Page 27

Wise, Kit

Byanski, Jacob

   

Case dismissed by Plaintiff.

Order Book 37

October Term 1901, Page 99, 100

Witmorr Andrews Pub. Co.

Willis. Marion B. Jr.

W. W. Croford, Sec. & Treas for Plaintiff

 

Note: Writ executed by Charles Rush, Constable. Amount $17.80 plus.

Order Book 37

March Term 1902, Page 392

Wolford, Frank

National Masonic Accident Association

   

The parties settle cause. Case dismissed.

Civil Book 37

Page 16 & 17 Oct. 8, 1901, Page 169, 170

Wood, John Et al

Young, Geo, et al

Attorneys enter their appearance for all the defendants except Clara Vogel.

 

Plaintiff asks for a change of venue. Changed to Whitley Co. Page 169-170 Cause is remanded to DeKalb Circuit Court. Case goes to trial. Court finds that the Defendant George Young is owner of the South ½ of the Southeast ¼ of Section 5 and the East ½ of the Northeast ¼ of Section 8 in Township 35 North Range 14 East. Title for and same is hereby forever quieted against John Wood, Seth Wood, Reuben Wood, and Josephine Porter.

Order Book 37

Page 205 December Term 1901, Page 301, 303, 304, 307

Wysong, James B.

Wabash Railroad Co.

   

Damages Page 301 Case continued. Page 303 Defense of William Welch be published (1902) Page 304 Case goes to trial. Page 307 Plaintiff to recover $500 from Defendant.

Civil Book 37

Pages 17, 18

Yarde, David

Bridgett Riney

Other Plaintiffs Mary Yarde, Defendants: If Bridgett Riney is not living, her heirs

 

Notice filed in the Garrett News Defendants are in default. It is ruled that David and Mary Yarde are the owners of the South ½ of the Northeast ¼ of Section 33 Township 33 North of Range 12 East.

Civil Book 37

Page 20 Oct. 8, 1901

Yates, Edgar H.

Culver, Zebidee G.

Other Defendant Albert Walls

 

Case is dismissed.

Order Book 37

October Term 1901, Page 31, 74, 212

Yesbera, George H.

Metcalf, Willard,

Other Defendant George Metcalf.

 

Attorneys appear for defendant. Page 74 George Metcalf files answer. Plaintiff dismissed the case as to defendant Willard Metcalf. Page 212 re Note. Appeal is dismissed to defendant George Metcalf.

Order Book 37

December Term 1901, Page 306. March Term 1902, Page 405

Younce, Edward

Tonneson, Sabina

   

Attorney appears for defendant. Page 405 Damages for conversion of Property. Motion to require Plaintiff of separate his complaint.

Order Book 37

March Term 1902, Page 395, 455

Zimmerman Mfg. Co.

Cornell, Percy B.

   

Note: Attorney appears for defendant. Page 455 Plaintiff dismisses the case.

 

Book

Pages

Plaintiff

Defendant

Other names mentioned

Miscellaneous Information

Court decisions

Order Book 38

October Term 1902, Page 177, 221

Abbey, Giles T. Ex of the last will of Henry A. Shull

Board of Commissioners of DeKalb Co.

Other defendants: Samuel M. Brown, Allen Shultz, Emanuel R. Shoemaker and Isaac H. Gunsenhouser

 

Replevin and Damages. Attorney appears for the defendant. Page 221 goes to Trial without a jury. Court finds for the Plaintiff. Plaintiff is in possession of 272 bushes of wheat (stored separately from the other wheat) stored at the County Poor Farm. In the value of $171 which the defendant has in his possession. And detained from the Plaintiff.

Order Book 38

May Term 1903, Page 565

Adams Carriage Co.

Willis, Moses B.

   

Before the Justice of Peace in Union Township, John Koons, also, J. Waldborn, a Justice of the Peace on August 17, 1902 the following complaint was filed in his office. Canal, Dover, Ohio, August 8, 1892 M. B. Wills of Auburn, IN. to Adams Carriage Co, February 15, 1892, The bill is included. With invoice Nos. Carriages and 3 sets of Rubber Tire Wheels, 24-14 photographs. Amount owing $57.60

Order Book 38

October Term 1902, Page 176, 303

A. Harvey’s Son’s Man’fg Co.

Binder, Otto

   

Account Case continued. Page 303 Court rules for the Plaintiff. Defendant owes $264. and all costs. Auburn

Order Book 38

May Term 1902, Page 30, 451

Akins, Hollie B.

Reebe, Samuel

Other defendant Frank Perkins

 

Conversion. Case is continued until next term. Page 451 Alias Summons to be issued for the defendants.

Order Book 38

December Term 1902, Page 270

Aldrich & Co. Surviving Partnership

Jones, Adolphus G. Receiver

   

Final report as receiver and he is dismissed.

Order Book 38

October Term 1902, Page 249

Albright, Nettie

Crays, Emma

   

To declare of unsound mind. Court trial finds for the defendant against the Plaintiff.

Order Book 38

May Term 1903, Page 560, 567

American Stock Food Co.

Amstutz, John S.

   

Account Attorney appears for the defendant. Page 567 Defendant files a denial.Noble

Order Book 38

May Term 1903. Page 530

Anderson, John

Lake Shore & Michigan Southern R.R. Co.

   

Demand $14.30. Cause is dismissed by the Plaintiff.

Order Book 38

May Term 1902, Page 65

Ashleman, Christopher

Ingersole, Mathew and his unknown heirs, et al

Other Defendants Mathias Cadwellder and his unknown heirs, Mathias Caldwell and his unknown heirs.

Notice of Cause published in the Auburn Courier.

Quiet Title. Delinquents are in default. Court Trial, Court finds for the Plaintiff and he is the owner of the South 20 acres of the East ½ of the Northeast ¼ of Section 28 in Township 34 North of Range 13 East. Also the Northeast ¼ of the Southwest ¼ of said section 28 All in DeKalb County.

Order Book 38

Vacation March Term 1902 Pages 23 and 24

Auburn Lumber Co

Owens, James

 

Defendant owes $7.59 John Koons was a Justice of Peace in Union Township. C.E. Reesch, Constable List of mdse sold to defendant is included.

Court finds for the Plaintiff

Order Book 38

May Term 1902, Page 33, 161, October Term 1902, Page 177, 224, 261, December Term 1902, Page 351, May Term 1903 Page 460, 511

Auburn Lumber Co.

Huston, John J.

Other Defendant: Harriet Huston

 

Attorney appears for the defendants. Page 161 foreclose Mechanics Lien Page 177 Plaintiff files an amended Bill of Particulars. Page 224 Submitted to Court for trial. Case postponed Page 261 Court takes the cause under advisement. Page 350 submission to court for trial set aside and either parties can amend their pleadings. Page 460 Plaintiff to answer questions. Page 511 Frank M. Powers appointed special judge.

Order Book 38

May Term 1903, Page 451

Auburn Lumber Co.

Harbich, Willhelm G. et al

   

Mechanics Lien. Plaintiff dismisses the case

Order Book 38

December Term 1902, Page 304

Auburn Lumber Co.

Metz, Perry et al

Other Defendant: Harriet E. Metz

 

Foreclose Mechanics Lien. Defendants in default. Court rules that Plaintiff is entitled to $50 from the defendants. Foreclosure on the real estate in Section 32, Township 34 North Range 13 East

Order Book 38

December Term 1902 Page 310

Auburn Lumber Co.

Rohrbaugh, William et al

Other Plaintiffs: M. Rohrbaugh wife of William

 

Foreclose Mechanics Lien. Cause is settled between the parties and dismissed by Plaintiff.

Order Book 38

May Term 1902, Page 160, 172-174, October Term 1902, Page 193

Bailey, Amy

Bailey, John C.

 

Some of the names on distribution: Dora Depew, Ann Hilkey, Lucy Farver, Robert S. Bailey, Amy Bailey, Narcissa Bailey, John c. Bailey, Alexander Freeman, Samuel Lige, James Weygandt, Clara Romaine, Walter Lige, Alda Griffin, Etta Stoops, Geo. O. Denison,

Partition. Commissioners appointed to sell real estate. Page 172-174 Final report sums received and distributed. Page 193 Warren, Royal and Clara Lige and files a claim for equal payment.

Order Book 38

October Term 1902, Page 247, 274, December Term 1902, Page 339, 340, 342, 344, 345, 346, 347, 348, 349, 355, May Term 1903, Page 469, 470

Bailey, Henry

Bause, John W. et al

Other Defendants; Richard Stone,

The firm Stone and Bause was engaged in buying, shipping and selling stock as partners in the years 1900, 1901. Plaintiff Bailey assisted defendant Bause in buying stock. Defendant Stone lived in Albion, Noble County, IN. Defendant Bause lived in Willmot, Noble County, IN. In the years 1900 and 1901 Bause engaged in selling stock in the town of Cromwell, Noble County, IN.

Cause continued until next term. Page 274 Defendants file and answer in general denial. Page 339, 340 Depositions to be published by court sustained. Goes to Jury for trial. Page 342 Further evidence heard and jurors are permitted to separate until the next morning. Page 344 Jury to retire to their room. Pages 345-349 Jury finds for the Plaintiff against both defendants in the amount of $610.40. There are 43 questions and answers to which the Plaintiff answered. See Previous column. Then there follows 90 questions and answers for the Defendant. Page 355 Defendant finds a special judgment in his favor. Page 469, 470. Hon. Wm. M. Brown is to try the case. Defendant owes plaintiff $610.40. Defendant Stone has for a modification of judgment, which is overruled. Defendant Richard stone prays for an appeal to the Appellate Court of the State of Indiana. Court grants with a bond of $1200.

Order Book 38

October Term 1902, Page 186, 236, 261, March Term 412

Baker, Joshua

Baltimore and Ohio R. R. Co.

   

Damages Attorney appears for the defendant. Page 236 Defendant asks for a change of venue. Page 261 Changed to Whitley Circuit Court, Whitley County. Page 412 Change of Venue requested. Changed to Noble Circuit Curt of Noble County, IN.

Order Book 38

May Term 1902, Page 40

Baltimore & Ohio & Chicago R. R. Co.

Wabash R. R. C.

   

Case is dismissed.

Order Book 38

December Term 1902, Page 298, March Term 1903, Page 368, 380, 420, 509

Baltz, Benjamin

Baltz, Elizabeth et al

Other Defendants; David Baltz, Michael Baltz, Margaret A. Fry, John A. Gamble, Lottie Stalcup, Edith L. Baltz, Frederick G. Blatz, John Baltz, Pauline Baltz, Anna Baker, Thomas Baltz, and David Baltz, Trustee under the will of John Baltz, deceased. Gladys Hart

 

To Contest Will. Notice to defendants to be published in a DeKalb newspaper. Case continued until the 2n judicial day of the March 1903 term. Page 368 Attorney appears for the defendant: Willis W. Cary administrator. Page 380 Attorney appears for defendants David Baltz, Michael Baltz and David Baltz, Trustee. Attorney appears for Defendant Gladys Hart. Infancy of Annie Baltz, Thomas Baltz, Pauline Baltz, Fred G. Baltz, Edith L. Baltz, Grace Baltz, Frank Baltz, William G. Baltz the court appoints W. W. Sharpless as Attorney ad litem . Page 420. Deposition of Elizabeth Baltz to be published. Page 509 Frank M. Powers appointed special judge.

Order Book 38

May Term 1902, Page 118, October Term 1902, Page 188, 194, 204, 205, 251, 252

Baltz, Elizabeth

Carey, Willis D. Admr. Of Will of John Baltz.

Other Defendants Gladys Hart. David Baltz, Michael Baltz, Maggie A. Fry, Lottie L. Stalcup, John A. Gamble, George Baltz, Fred C. Baltz, Edith L. Baltz, John Baltz, Pauline Baltz, Annie Baltz, Thomas Baltz, William and Benjamin Baltz.

D. M. Link is appointed guardian ad litem for Gladys Hart. Page 194 the real estate is the Southeast ¼ of the Northeast ¼ of Section 32, Township 33 North of range 14 East. and a further description and division of land is included in the documents. Page 204, 205 is the Commissioners Deed. With the names of the individuals who received Partition of land. Page 251 Report of the Commissioners is confirmed.

Partition Attorney appears for Gladys Hart. Page 188 Notice in the "Clipper" to the following defendants: David Baltz, Michael Baltz, Maggie A. Fry, Lottie L. Stalcup, John A. Gamble, George Baltz, Fred C. Baltz, Edith L. Baltz, John Baltz, Pauline Baltz, Annie Baltz, Thomas Baltz, William and Benjamin Baltz. These defendants are in default. Infancy of Anna, Thomas, Pauline, Fred G., Harry, Grace, Frank and William G. Baltz the court appoints James E. Pomeroy as guardian ad litem. Page 204, 205 See previous column.

Order Book 38

October Term 1902, Page 202, 275, 283, 285, 290, March Term 412, 413

Barker, William H.

Thompson, Salle et al

Other Defendants: John F. Thompson, Julius Hill, Harrison C. Bovee

 

Foreclosure of Mechanics Lien. Attorney appears for the defendants. Page 275, 283 Case continued. Page 285 Interrogations filed by the defendant. Page 290 Plaintiff answers interrogations. Page 412 Goes to Court for trial. Page 413 Plaintiff to recover from defendants $36.60 and foreclosure of a part of lots number 13 and 14 in Block 18 in the Original plat of the City of Garrett, bounded by a line commencing at the Southwest corner of said lot 13 and running thence North to the Northwest corner of said lot 14 thence East 50 feet thence South to the South boundary line of said lot 13 thence West on said boundary line to the place of beginning and the buildings thereon. If property does not sell and there is a residue a levy of the goods and chattels, lands and tenants of Julius Hill shall be executed upon.

Order Book 38

October Term 1902, Page 197, 202, 204, 217

Barns, James A.

Herrick, Daniel

   

For removal from office. Attorney appears for the defendant. Page 202 Defendant files a demur. Page 204 Case continued. Page 217 Case continued.

Order Book 38

March Term 1903, Page 375

Barry, Sarah

Merica, Thomas S. et al

William Merica

 

On note. Defendants in default. Court rules for Plaintiff that she is entitled to recover $358.50 from the defendants.

Order Book 38

October Term 1902, Page 172

Bass, Adie V. Administrator of the Estate of Robert B. Bass, deceased

Baltimore and Ohio R. R. Co.

   

Damages. Request for the cause to removed to the Circuit Curt of the United States.

Order Book 38

May Term 1902, Page 33

Baughman, Benjamin

Gary, Theo, Et al

   

Plaintiff dismisses cause.

Order Book 38

May Term 1903, Page 448, 522

Baughman, Benjamin

Liberenz, William Et al

   

On Note. Attorney appears for defendant. Page 522 Case continued.

Order Book 38

May Term 1903, Page 502

Beaird, Merritt

Bordner, Reuben A. et al

   

Foreclose Vendors Lien. Attorney appears for the defendant.

Order Book 38

May Term 1902, Page 48, 50, 59, 67, 68, 70 October Term 1902, Page 200, 214

Bell, George

Kelley, Charles

 

There was a deposition of William H. Fisher

Note: If a deposition was made public, it was available to the public in the Courthouse records.

Case continued. Page 50, Defendant ordered to answer interrogations within 10 days. Page 59 Plaintiff wants the deposition to be published. Pages 67, 68 Court ordered to publish the deposition. Page 70 Case continued. Page 200 Motion for a change of venue. Page 214 Case is moved to Noble County.

Order Book 38

March Term 1903, Page 369, 398, 399, 433, 434

Benner, Albert

Ensley, Burley

   

Damages Attorney appears for the defendant. Page 398 goes to Jury trial. Page 399 Jury finds for the Plaintiff and assess his damages to $70. Page 400 There are 3 questions and answers that were answered by the Plaintiff. 1. Could not the Defendant have seen the Plaintiff’s vehicle in time to have avoided a collision. Ans. Yes. Other two questions are similar. Then follows 8 questions and answers submitted by the Defendant. Collision took place on Cowen Street, Garret. Defendant files a motion for a new trial. Page 434 Court overrules motion for a new trial. Plaintiff to recover $70.

Order Book 38

May Term 1902 Page 29

Benninghoff, David Et al

Benninghoff George et al

   

Final report (no details) and commissioners are discharged.

Order Book 38

October Term 1902 Page 211, 212

Berer, John

Maxwell, Addie, et al

Other defendants: Stella Thomas, Ida E. Stokes, Warner Blackwell, George Blackwell, Harry Blackwell, Thomas Blackwell, Minnie Miller, Paul Maxwell and Berth Thompson

 

To release mortgage and Quiet Title. Defendants Addie Maxwell, Stella Thomas, Ida E. Stokes, Warner Blackwell, George, Harry and Thomas Blackwell, and Paul Maxwell were served with process by the Sheriff. Minnie Miller and Bertha Thompson have been notified by Publication in the Butler Record. Defendants are in default of appearance. Court finds that mortgage given by C. E. Blair on May 20, 1891 to Francis Bills as found in Recorder’s Office is fully paid and that the Plaintiff is owner of The South 2/3 of the Southwest ¼ of the Southwest ¼ and the South 2/3 of the West ½ of the West ½ of the Southeast ¼ of the Southwest ¼ all in Section 14, Township 34 north of Range 14 East.

Order Book 38

May Term 1903, Page 508, 516, 522

Betz, Frank S.

Perdue, C. R. et ux

Other Defendant: Ethel Perdue

 

On notes. Appearance of he attorney for the defendants. Page 516 Plaintiff files a cost bond. Page 522 Case continued.

Order Book 38

May Term 1902, Page 131, 154, October Term 1902, Page 187, 202, 224, 227, 236, 246

Betz, Mary

Brotherhood of Locomotive Fireman et al

Other defendant: Lillian Benjamin

 

On Insurance Policy. Defendant admits its liability to the plaintiff on the Insurance Policy and to pay $1500. upon proof of entitlement. Lillian M. Benjamin made a party and ruled to answer. Page 14 Lillian Benjamin is a non-resident. Page 187 Case continued. Page 202 Case continued. Page 224 Lillian Benjamin appears. Page 227 Case continued. Page 236 Lillian M. Benjamin files an affidavit for change of venue. Page 246 Cause changed to Allen County.

Order Book 38

May Term 1902, Page 35, 155

Beutler, Margaret

Hopkins, William et al

Other Defendants William Hopkins, deceased an his unknown heirs, William A. Rex , deceased and his unknown heirs.

All defendants are non-residents of the State. Notice of action published in the Waterloo Press.

Quiet Title and cancel Mortgage Page 155 Notice of action published in the Waterloo Press and defendants are in default. Court finds that the mortgage (recorded in Mortgage Book 5, Page 30)has been fully paid and the plaintiff is owner of the Southeast ¼ of Section 4 in Township 34 North of Range 13 East (complete description included on page 155)

Order Book 38

May Term 1902, Page 31, 96, October Term 1902 Page 176

Blodget, Alphonso

Baltimore and Ohio R.R. C.

   

Damages Affidavit filed showing non-residence of the Plaintiff by the Defendant. Page 96 Defendant asks the Court to dismiss the case. Page 176 Cause is dismissed by the defendant. For want of cost bond.

Order Book 38

May Term 1902, Page 156

Bloom. Louis

Goshen Milling Co.

Other defendants: J. J. Hoffman, J. J. Hoffman Jr. and F. M. Hoffman (the given name of the above individuals are unknown- but in the body of case name is Jacob J. and Frank M.)

 

Quiet Title. Court finds for the Plaintiff and he is the owner of Lot 33 in Rogers Addition to the Village of Altoona.

Order Book 38

May Term 1902, Page 74, 75, 79, 97, 100, 101

Board of Commissioners of DeKalb Co.

Olivet, Evo

   

Restraining Order. Defendant is restrained from removing any public highway bridge or in any way injuring the same. Page 79 Attorney appears for the defendant. Page 97 Goes to trial by Court., pages 100, 101 Temporary Injunction. Plaintiff dismisses the cause on the following terms: Defendant shall by his own expense remove the bridge; ditch to be constructed across the highway and then the bridge reconstructed. That the cost of trial shall be shared by both parties. Then the cause shall be dismissed.

Order Book 38

May Term 1903, Page 578

Bodley, Greenwood N. et al

Jackman, Cyrus B.

Other Plaintiff: Elva P. Bodley

 

On Note. Defendant in default. Court Rules for the Plaintiffs. They are to recover $50.57 from the Defendant.

Order Book 38

May Term 1902, Page 125

Boozer and Leas Machinery Co.

   

Change of name.

Petition to change name. Change of name to the Boozer-Gotschall Machinery Co. Notice filed in "The Dawn" newspaper.

Order Book 38

October Term 1902, Page 179, 285

Borst, Frank A. et al adm

Baltz, George F.

Other Plaintiffs. Charles O. Borst, Admin of the estate of Lafayette J. Miller, deceased

 

Suit on note. Attorney appears for the defendant. Page 285 Case is settled by the parties and case dismissed.

Order Book 38

October Term 1902, Page 180, 260

Bovee, Harrison C.

Thompson, John

Other defendant Julius Hill

 

Foreclosure of Mechanics Lien Defendant Hill is in default. Page 260 Plaintiff adds the name of Sallie Thompson as a defendant. Plaintiff to recover $29.20 from Julius Hill and the Plaintiff lien to be foreclosed on The West 1/3 of lots 13 and 14 in Block 18 in the City of Garrett. As well as the Brick building on the lot.

Order Book 38

May Term 1903, Page 560

Bowman, H. W.

Board of Commissioners of DeKalb County

Note: This is Dr. H. W. Bowman from the Spencerville, St. Joe Area and not part of the Waterloo Bowman family.

 

Rejected Claim. Attorneys appear for the Plaintiff and the defendants.

Order Book 38

May Term 1903, Page 465

Brand, George

Mortimore, Almira

   

To declare of unsound mind. John H. Urey appointed guardian.

Order Book 38

December Term 1902, Page 303, 306, May Term 1903,

Brand, George W.

Lake Shore & Michigan R.R. Co.

   

Damages. Defendant ask the cause be dismissed for lack of presentation. Page 306 Court sustains the dismissal.

Order Book 38

May Term 1903, Page 560

Branstrator, Catharine

Branstrator, Andrew D. et al

   

Partition. Disposition of Joseph R. Lowry ordered published.

Order Book 38

May Term 1903, Page 530

Briggs, Allison S.

Briggs, Fred

   

Chattell Mortgage. Cause is dismissed by the plaintiff.

Order Book 38

March Term 1903, Page 408, May Term 1903, Page 528

Brinkman, Henry

Kraling, Fred

   

Damages and to appoint a receiver. Page 528 Hon. William M. Brown appointed as Special Judge in place of James H. Rose (since he was involved in the case prior to his appointment as judge)

Order Book 38

May Term 1903, Page 561

Broughton, Frank

DeKalb County and the Board of Commissioners of DeKalb County

   

Rejected Claim. Attorneys appear for the defendant and the Plaintiff.

Order Book 38

May Term 1902, Page 40 October Term 1902, Page 176, 191, May Term 1903 Page 452, 483, 573

Burns, Jackson

Little, Thomas P.

   

Mechanics Lien. Attorney appears for the defendant. Page 176 Case continued. Page 191 defendant files a demurr. Page 452 Hon. Charles M. Brown appointed special judge for this trial. Page 483 Goes to the Court for trial. Honorable Charles M. Brown is appointed to act as Judge in this trial. Page 573 Court rules for Plaintiff. Plainitff to recover $41.75 and the premises at Lot 5, Block 17 in the original plat of the City of Garret be foreclosed.

Order Book 38

October Term 1902, Page 178, 192

Burseley, Guilford F.

Lipsett, John et al

Other Plaintiffs: James M. McKays, Frank L. Smock and Fran H. Safford Other Defendant: Groh, Willie

 

Ejectment. Defendant called and is in default. Page 192 Plaintiffs are entitled to the possession of Lot 11 and 16 and ½ feet off the West side of the Lot 10 in Topping addition to the Town of Corunna. And that the Plaintiffs do have and recover from John Lipsett $20 and all costs . Also $50 from Willis Groh for damages.

Order Book 38

May Term 1902, Page 34, 118, 319

Butler Co.

Hines, M. Francis

 

F. M. Hines is Treasurer

Injunction. Attorney appears for defendant. Page 319 George W. Probst is elected County Treasurer and is now substituted for defendant Francis Hines.

Order Book 38

December Term 1902, Page 351, March Term 1903, Page 402, 510

Butler Co.

Probst, George W.

Treasurer of DeKalb Co.

 

Injunction Defendant is enjoined from selling the property in the complaint, Page 402 Case continued. Page 510 Frank M Powers appointed special judge.

Order Book 38

December Term 1902, Page 315, 351, 352

Cameron, John W.

Nettelhorst, Mattie et al

Other Defendant: Lewis W. Nettlehorst

 

To foreclose Mortgage. Defendant ordered to answer complaint by Monday January 19, 1903. Page 351, 352 Defendants are in default. Court finds for the Plaintiff and he is to recover $886.10 Mortgage to be foreclosed on Lot 92, 93 in Natural Gas Addition to the City of Auburn. David N. Fitch is appointed Receiver.

Order Book 38

October Term 1902 Page 200

(Case 6579), (Case 6700) 261, 285, 305, March Term 384, May Term 1903, Page 567

Campbell, Archy et al

Hartman, Levi A.

Other Plaintiff: Jacob C. Fetter partners doing business under the firm Campbell & Fetter. Other defendants: Eliza E. Hartman, The Smith Jones & Wartz Co, a Corporation; William S. Thomas, The Dow and Snell Company, a corporation, National Biscuit Company, a Corporation, Frederick G. Fried, The Simmons Boot & Shoe Company, the Daudt Glass and Crockery Company, a Corporation, The Shaw Sassman Company, John Park and Willard Walters.

 

To Enforce Lien and To Foreclose Mortgage. Notice to the Corporations in the Waterloo Press. Attorneys appear for the various defendants. Court finds for the plaintiffs that they are entitled to have and recover of Levi A. Hartman $1820. Money is secured by a mortgage on Lot 1, except the Northwest ¼ also lot 11, also the north ½ of lot 12, also lot 24 also 16 feet from the South 23 all of said lots and parts of lots being in W. H. Hopkins addition to the town of Waterloo. Also a part of lot 46 in the original plat of the town of Waterloo. The same being 46 ft wide North and south.. Also the East ½ of lot 57 in the Western Addition to the City of Auburn. Page 261 Attorney appears for defendant. Page 285 Attorney for the Plaintiff withdraws. New attorneys appear. Page 305 Levi A. Hartman to appear fro a deposition on January 12, 1903. Page 384 Case is set for trail on the 2nd day of the next Term, before Honorable Charles M. Watkins a special judge residing at Huntington, IN. Page 567 Charles W. Watkins appointed Special Judge in this cause.

Order Book 38

Intermission in May Term 1902, Page 150, 151

Campbell, John A.

Ramsey, John

Before Henry H. Leonard, a Justice of the Peace in and for Wilmington Township

 

On June 2, 1897 note signed that John Ramsey would pay John A. Campbell $63.85 with interest. at Knisely Boots & Co. July 15th, 1902 Defendant owes $40.57 and is not wanting to defraud the Plaintiff.

Order Book 38

October Term 1902, Page 193

Campbell, Martha Maude

Cameron, James

   

For money. Case is settled by the parties and dismissed.

Order Book 38

October Term 1902, Page 217, 218, 219, 242, 247, March Term 1903, Page 367

Cannon, Guy by his next friend Gust Cannon

Steifer, John

   

On Account. The plaintiff dismisses part of the complaint. Defendant moves the striking of part of the complaint and alleges he infancy of the plaintiff . Jurors retired to deliberate the verdict. Page 219 Jury verdict. Jury finds that the Plaintiff is due $37 from defendant. Page 242 A lien is attached for attorney fees. Page 247 Plaintiff motions for a new trial. Page 367 Request for a new trial overruled.

Order Book 38

October Term 1902, Page 203, 246, March Term 1903, Page 379, 396, 417

Caruth, Cornelia

Lung, John E.

   

Quiet Title. Demurs are filed. Page 246 Defendant files a motion for Plaintiff to produce certain books and papers. Page 379 Plaintiff requests a change of venue. Page 396 Changed to Whitley Circuit Court, Whitley County, Indiana. Page 417 Venue changed to Superior Court of Allen County, instead of Whitley Circuit Court.

Order Book 38

December Term 1902, Page 338, 355, March Term 1903, Page 370

Casey, Benjamin

Jones, Milton, et al

Other defendants: Sara A. Danks, William N. Jones

 

On Note On Plaintiff’s motion Milton Jones and Sarah A Danks are three times called and in default. Page 355 Attorney appears for the defendant. Page 370 Cause is dismissed against William N. Jones. Court finds the Plaintiff should recover from Milton Jones and Sarah A. Danks $122.33 and all costs.

Order Book 38

May Term 1902, Page 28, 43, May Term 1903, Page 452

Casey, Michael

Gettle, Henry E.

   

Injunction. Attorney appears for the defendant. Page 43 Defendant files a demur Page 452 Cause dismissed by the Plaintiff.

Order Book 38

May Term 1902, Page 30, 96, 115, 116

Comeskey, Samantha

Comeskey, Mary C. et al

Other Defendants: Julia and Marion Russell, Laura Moudy, John Moudy, Nettie Lochner, Jacob Lochner, Charles E. Comeskey, Mary C. Comeskey and Mary C. Comeskey executrix. Of estate of Charles Comeksey, deceased

Notice of action filed in the Auburn Courier. Page 96 Case goes to the Court for trial. Court finds for the Plaintiff that she is owner of 1/3 and that Mary C. Comeskey is owner of 1/3 of the 67 acres off of the Southend of the East ½ of the Southeast ¼ of section 30 in Township Details of money to other defendants given.

Partition. Page 115, 116 Commissioners Report. The set aside to Plaintiff Samantha A. Comeskey 20 acres off of the South end of the East ½ of the Southeast ¼ of Section 30, Township 33 North Range 13 East. To the Defendant Mary C. Comeskey 67 acres off of the South end of the East ½ of the Southeast ¼ of Section 30 in Township 33 North Range 13 East, except 2 acres of the South end thereof subject tot the debts of the estate of Charles Comeskey, deceased. Some details of money involved is recorded.

Order Book 38

May Term 1903, Page 571

Conkel, Frank P. by next friend Perry B. Simon

Knauer, George

   

Replevin Bail. Case is settled by the parties and Plaintiff dismisses the cause.

Order Book 38

May Term 1902, Page 54, 62, 98

Conkle, Francis L.

Garrett Banking Co. (A Corporation)

   

Attorney appears for defendant. Page 62 Defendant files a demur. Page 98 Defendant ruled to answer the complaint.

Order Book 38

May Term 1902, Page 101, 102

Connelly, Catherine E

.Cole, Henry

And the unknown heirs of Henry Cole, deceased

Quiet Title. New of cause published in the St. Joe News. Goes to Court trial and Plaintiff to have the possession of the Northwest ¼ of the Southeast ¼ of Section 32 Township 33, Range 15 East. Containing 40 acres. (record is incomplete)

 

Order, Book 38

May Term 1902, Page 39, 176

Conner, Clarence

Howey, Ida E.

Other Defendant Isaac M. Grube

 

Note. Case continued. Page 176 A summons is issued for the Defendant Ida E. Howey

Order Book 38

May Term 1902, Page 41, May Term 1903, Page 473

Cramer, Howard

Woodward, Robert

   

Mechanics Lien. Attorney appears for the defendant. Page 473 Case set for trial and Plaintiff failed to appear. Case dismissed for want of prosecution by Plaintiff.

Order Book 38

May Term !903, Page 491, 496

Cramer, William C.

Kosht, William

   

Trespass. Attorney appears for the defendant. Page 496 Attorney appears for the Plaintiff.

Order Book 38

December Term 1902, Page 319, March Term 1903, Page 417, 424

Crays, Emma

Collins, Julia et al

   

To Recover land etc. Attorneys appear for defendant. Page 417 Defendant to produce certain books and papers. Page 424 Court sustains request for producing certain papers.

Order Book 38

May Term 1902 Page 28, 59, October Term 1902, Page 199

Creel, Elmer

Alsbaugh, Elmer B.

   

Page 28 Attorney appears for the defendant. Page 59 Case continued. Page 199 Case continued.

Order Book 38

May Term 1903, Page 517, 560, 564

Criswell, John F.

Harkey, Gerushia Dora

Other Defendant Andrew Harkey

 

Attorneys appear for both of the defendants. Page 560 Rule absolute by the Plaintiff. Page 564 Case continued.

Order Book 38

December Term 1902, Page 336

D. M. Osborn & Co.

Brown, John E.

   

On Note. Defendant in default. Court trial rules for the Plaintiff that he is to have and recover $143.70 .

Order Book 38

Vacation Term 1902, Page 167-169

Dailey, Elizabeth R.

Eastman, J. C.

Other Plaintiffs: Sarah J. Grawcock, Adam Slaughterback, Charles Cook, Albert Cook, Edward Cook, Henry Kling

 

Change of Venue Moved to Whitley County and the Hon.

Joseph W. Adair. Feb. 6, 1902. There is a lot of detail with questions and answers available in this document.

Order Book 38

October Term 1902, Page 191, 199, 259, December Term 1902, Page 336, March 7, 2002 Term 402, 403

Dancer, James

Thomas, William A.

Other Defendant: Ralph L Thomas

 

Foreclose Mechanics Lien. Attorney appears for defendants. Page 199 Page 259 Cause is continued to the next court term. Page 336 Cause continued until March Term 1903. Page 402 Deposition of Ralph Moody ordered published. Page 403 Court finds that Defendant owes the Plaintiff $15.

Order Book 38

December Term 1902, Page 319, March Term 1903, Page 402

Dancer, Mary E.

Dancer, J. Andrew

   

Note and in attachment. Affidavit of non-residency of the Defendant. Writ ordered and causes to be heard March 17, 1903. Page 402 Defendant not a resident of the State of Indiana. Court rules that Defendant owes Plaintiff $161.59 and the Undivided 7/165 of the Northwest ¼ o the Northeast ¼ of 64.50 acres off North side East ½ of the Northwest ¼ of Section 20, Township 33 North or Range 13 East.

Order Book 38

Vacation after May Term 1902 Page 172

Daniels, Reuben G.

Bevier, Frank et al

   

Case is settled by the parties and dismissed

Order Book 38

December Term 1902, Page 279, 319

David Adler & Sons Clothing Co.

Yesbera, George Henry

   

On Account. Attorney appears for the defendant. Page 319 Cause is settled by parties and dismissed.

Order Book 38

May Term 1902, Page 40

Deck, Charles

Huyck, John T.

   

On Note. The Court dismisses cause.

Order Book 38

May Term 1902, Page 58

Deering, Charles et al

Hammon, Freeman

Other Plaintiffs James Deering and Richard F. Howe

 

On Note: Defendant in default. Case goes to trial. Plaintiff to recover $145.92 and all costs.

Order Book 38

May Term 1902, Page 159

Deeters, Mary A.

Luttman, Eli H.

Other Defendants Lewis Hosler

 

On Note Plaintiff dismisses case against Lewis Hosler. Eli H. Luttman is in default. And is indebted to the Plaintiff $190.90

Order Book 38

May Term 1903, Page 456

Deetz, Alvin M. et al

Deetz, James

   

Possession Cause is dismissed by the Plaintiff.

Order Book 38

May Term 1902, Page 162

Defiance Grocery Co.

Kruger, John Sr.

Other defendant: Sophia Kruger

 

On Contract and to se aside deed. Cause is settled by the parties and is dismissed.

Order Book 38

October Term 1902, Page 178, 304

DeKalb Hardware Co.

Hensinger, George et al

Other Defendants: Edith Hensinger, Price D. West.

 

Attorney appears for the defendant. Page 304 Court finds for the Plaintiff. He is entitled to $6.50 plus $10 Attorney Fees. Foreclosure on Lot 3 in Natural Gas Addition to the City of Auburn.

Order Book 38

May Term 1903, Page 457, 462, 465, 468, 475, 476

Dellenbach, Nellie M. et al

Gushwa, Alvin W. et al

Other Plaintiff Edward J. Dellenbach. Other Defendant Susan Shaffer and Walter Gushwa.

Nettie Ernest is guardian of Walter Gushwa

Partition Attorney appears for the Plaintiff. Page 462 Plaintiff attorney withdraws and a new attorney appears. Page 465 Defendants appears. Page 468 Susan Shaffer files an answer in disclaimer and showing that she has sold and conveyed her interest in the real estate to Alvin W. Gushwa. Page 475, 476. Goes to Court for trial. Court finds that the Plaintiff and Alvin W. and Walter Gushwa are owners of the Southeast ¼ of Section 21 in Township number 35 North, of Range 12 East , excepting 14 acres out of the Southeast corner thereof, said excepted tract being (and a detailed description is included.. The Commissioners report distributing the land is on page 476.

Order Book 38

December Term 1902, Page 291, Page 412, May Term 1903, Page 468

Dice, Sarah E.

Saylor, Loren S. et al

Other Defendant James W. May, James Hamilton

 

On note: Attorney files for defendant. Page 412 Attorney withdraws his appearance for J. W. May Defendant May in default. Page 468 James W. May defaults. Go to Court for trial. Plaintiff is entitled to recover from James W. May $123.92.

Order Book 38

March Term 1903, Page 407

Diehl, John

Grube, Peter et al

William Morrison

 

Demand for $36.50 Cause settled by both parties and is dismissed.

Order Book 38

October Term 1902, Page 192, 210, 211, 256, 333

Dove, John

Wollen, A. L.

   

Conversion of Property attorney appears for the defendant. Page 210, 211 Case is withdrawn from the jury and dismissed by the cause without prejudice. Page 256 Attorney C. B. Dunten and P. V. Hoffman appear for the defendant. Page 333 Case is dismissed at Plaintiff’s cost.

Order Book 38

October Term 1902, Page 184, 223, 243, 244

Dowser, Clarence

Foust, John

Other Defendant C. L. and Teresa Bapts

 

To enforce Mechanics Lien. Attorney appears for the defendants. Page 223 submitted to Court for trial without a jury. Page 243, 244 Plaintiff to recover $31.50 and that Mortgage on Lot 25 in Block 53 in Cowens First addition to the City of Garret be foreclosed.

Order Book 38

December Term 1902 Page 295, 303, 319, March 1903, Page 379, 385

Draggoo, Hannah

Whetsel, Clark et al

Other Defendant: Reuben Sawvel, Harry P. Stroh

 

On Note: Attorney appears for Reuben Sawvel. Page 303 Complaint filed by R. Sawvel is sustained by the Court. Page 319 Plaintiff files a complaint against all defendants. Page 379 Case continued. Page 385 Case dismissed against Reuben Sawvel, Plaintiff to recover $371.10 from Whetsell and Stroh.

Order Book 38

December Term 1902, Page 277, 316,

Draggoo, Harry D.

Davis, Isaiah, et al

Other Defendant: Platter, John W.

 

On Note. Defendants Three times called and are in default. Page 277. Attorney appears for the defendants. Page 316 Cause is now dismissed by the Plaintiff.

Order Book 38

March Term 1903, Page 431, May Term 1903, Page 458, 509, 522, 526

Draggoo, Harry D.

Hanna, Charles H. et al

Other Defendants: Oliver Werntz, Marion E. Griswold, Elizabeth Ober (Aber?)

 

Foreclose Chattel Mortgage. Attorney appears for Oliver Werntz. Page 458 defendants three times called and are in default. Page 509 Werntz ordered to answer the complaint. Page 522 Clerk ordered to issue summons to the Sheriff of DeKalb for Marion E. Griswold and Elizabeth Aber?, Also summons to sheriff of Kosciusko County for Charles Hanna. Page 526 Alias summons be issued to the Sheriff of Kosciukso County for Charles H. Hanna.

Order Book 38

March Term 1903, Page 277, 367, 372, 383, 384, 404

Draggoo, Harry D.

Stamets, Zenith et al

   

On Note Page 277 Attorney appears for defendants Stamets, Stamets & Hough Page 367 The Plaintiff herein now suggests to the Court the death of defendants Jacob Stamets and Lafayette J. Miller and the cause is now discontinued as to them. Page 372 Case is continued. Page 383 Case continued. Page 384 Case continued. Page 404 Defendant requests a change of venue. Court sustains and venue is changed to Steuben Circuit Court of Steuben County, IN.

Order Book 38

October Term 1902, Page 260

Dropp, Adam

Wetowsky, John

   

Demand $175. Defendant called and is in default. Court rules that the Plaintiff is entitled to recover $176.54 and all costs from the defendant.

Order Book 38

May Term 1903 Page 499, 567, 569

Duncan, Elmira

Board of Commissioners, et al

Other Defendants named: J..

 

Judge of the Supreme Court, Charles Watkins, to preside over this case. Page 567 Case continued. Page 569 Plainttiff prays and appeal to the Supreme Court of the State of Indiana. The Court accepts motion. Plaintiff files a motion to strike costs of witness fees claimed: J. J. Eakright, J. H. St. Clair, John Ingersol, John W. Frick, W. D. Goodwin, Mell Swartz, Bert Bachtel, Jacob Dutzer, William Lutz, John Carper, and A.L. St. Clair

Order Book 38

May Term 1903, Page 523, 526, 530, 534, 541, 544, 547, 560, 568

Duncan, Udora

Hood, Henry

Other Defendant: Aditha Anthony

 

Damages Defendant motions for the Plaintiff to file a cost bond. Page 526 Cash bond is set aside and annulled. Page 530 Defendant files a plea of abatement. Page 534 Court trial finds for the plaintiff and that the defendant plead over in the cause of the abatement. Page 541, Defendant motions for the Plaintiff to make the complaint more specific. Page 544 Makes Aditha Anthony a party defendant. Page 547 Case continued. Page 560 Henry hood files a cross-complaint against Adith Anthony and the Plaintiff. Page 568 . Case continued.

Order Book 38

May Term 1902, Page 40, May Term 1903, Page 452, 483

E. T. Kenney Co.

Musser, Emanuel T. et al

   

Request for a change of venue. Page 452 Defendant withdraws former motion. Page 483 Cause is dismissed by Plaintiff.

Order Book 38

October Term 1902, Page 176

E. T. Kenney, Co.

Boren, William

   

Dismissed by the Plaintiff

Order Book 38

May Term 1903, Page 454, 525, 530

Edward Thompson Co, a corporation.

Gengler, Louis J.

   

Attorney appears for the defendant. Page 525 Defendant asks for dismissal of cost bond. Court overrules. Page 530 Court dismisses the cause for want of prosecution. Plaintiff and attorneys did not appear at day of trial.

Order Book 38

December Term 1902, Page 295

Emme, Henry

Brandon, Samuel

   

Damages. Cause is dismissed.

Order Book 38

December Term 1902, Page 276, 305

Eppert, Thomas

Sleifer, John et al

   

Attorney appears for defendant. Page 305 Plaintiff to take nothing from this cause and to pay all costs.

Order Book 38

May Term 1903, Page 560, 561

Ettinger, William H.

Board of Commissioner’s of DeKalb County

   

Rejected Claim. Case # 6947 Attorneys appear for the Plaintiff and the defendant. Page 561 This is under case # 6949 Attorneys appear for both parties in the case.

Order Book 38

March Term 1903, Page 369, May Term 1903, Page 454, 473

F. P. Wilt, Co.

Rossington, Charles et al

   

On Account. Attorney appears for the defendant. Page 454 Court sustains the motion for Plaintiff to be more specific. Page 473 cause is dismissed by the Plaintiff.

Order Book 38

October Term 1902, Page 181, 193, 202, 205, 232 May Term 1903, Page 453

Fair, Royce

Farmers Bank et al

Albert Robbins is President of Farmer’s Bank

 

Damages Plaintiff files a complaint with defendant to answer interrogations. Page 193 Case continued. Page 202 Case continued. Page 205 Examination of the defendant is ordered published.page 232 Change of venue from the regular judge. Page 453 Hon. Charles M. Brown is appointed Special Judge.

Order Book 38

March Term 1903, Page 384, 395, May Term 1903, Page 455, 504, 525, 553

Fales, Viola S.

May, Henry et al

Herman Hirsch, Timothy J. Knisely, David Kinsey and Lyston C. Harding.

 

Partition. Comes Timothy J. Knisley, David H. Knisely and Lyston C. Harding and files a joint answer. Page 395 Attorney appears for defendant. Page 455 General denial filed by H. May. Page 504 Herman Hirsch petitions for a cross-complaint against Henry May. Page 525 Case continued. Page 553 Court finds that Plaintiff and Henry May are owners of Lot 15 in Hellers Additon to the Town of Butler. Defendants Timothy J. Knisely, David H. Knisely and Lyston C. Harding hold a mortgage on property. Defendant Herman Hirsch take nothing from the action.

Order Book 38

Vacation after March Term 1903, page 442, 443

Fanning, Frederick W.

Beerer, Elmer

   

Complaint on account. On the docket of John T. Hendricks a justice of Peace for Newville Township Elmer Beerer was a resident of Stafford Township. Exhibit A is a listing of Medical expense and balance due. From July 1885-December 16, 1992. Balance due $32.50. The pages contain the history of collections.

Order Book 38

May Term 1902, Page 29, 43, 128, May Term 1903, Page 452

First National Bank of Iowa City, Iowa

Austin, Lettie

   

Case continued from Book 37, On Note Case continued. Page 43 Case continued. Page 128 Case continued. Page 452 Cause dismissed by the Plaintiff.

Order Book 38

May Term 1902, Page 33

Flint, John C.

Ocker, Belle M.

   

On Note etc. The Plaintiff dismisses case.

Order Book 38

December Term 1902, Page 293, 294

Foltz, Azam et al

Foltz, William et al

   

Partition Final Report of Commissioner Daniel M. Link. The partition was filed January 19, 1899. The commissioner sold the land and on January 29, 1900 filed his report showing the sale of the land. Distribution of funds are included in the report. :Effie Hines, assignee of Azam Foltz, P. M. Hines, assignee of Louisa Shoup, Hannah Otto, Ezra Foltz, John M. Henderson. Signatures of these individuals are recorded.

Order Book 38

May Term 1903, Page 547, 559

Franks, Silas

Lutz, Wilbert

   

Plaintiff requests a change of venue. Page 559 Change of Venue to Steuben County.

Order Book 38

October Term 1902, Page 176, December Term 1902, Page 350

Freeland, Charles

Bishop, Patrick L. et al

Other Defendant: Mary Bishop

 

Damages A cost bond filed. Page 350 Attorney withdraws his appearance as attorney for Patrick L. Bishop. Plaintiff dismisses cause as to Mary Bishop. Patrick Bishop in default. Court rules for the Plaintiff and he is entitled to recover from Patrick L. Bishop $500.

Order Book 38

May Term 1903, Page 535

Fry, Henry W.

Fort Wayne Gas Co.

   

Damages. Cause came form the Wells Circuit Court. Wells Circuit Court sent to DeKalb in error by motion of the Plaiitff it is returned to the former court.

Order Book 38

May Term 1902, Page 70, October Term 1902, Page 186, 242, 256, March Term 1903, Page 369, 409, May Term 1903, Page 525, 570

Fry, Mordecai R.

Baltz, David J.

And David Baltz, as Trustee and Garnishee.

 

Attachment. Plaintiff files and affidavit of non-residency of defendant Page 186 "come the attorney for defendant Willie W. Carey, Administrator" Page 242 Notice filed in the Auburn Courier. Page 256 Alias writ ordered on defendant. Page 369 Plaintiff files a garnishment against David J. Baltz as trustee of the property willed to him by John Baltz. Page 409 Summons to be issued for David J. Baltz to answer re the property willed to him by John Baltz, deceased. Page 525 Case continued. Page 570 Case continued.

Order Book 38

May Term 1903, Page 494

Fuesse, Henry

Fuelling, John J. Fuelling

   

To quiet title. Attorney appears for the Plaintiff.

Order Book 38

October Term 1902, Page 251

Funk, Frederick

Strouse, William

Note: The Plaintiff came to the U. S. in the 1880’s (not part of Jacob or William Funk. This Frederick Funk came from Germany)

 

Foreclose Lien. Cause dismissed by the Plaintiff.

Order Book 38

May Term 1902, Page 43, 59

Gage, George E.

Ulford, LeRoy R.

   

Damages. Case continued. Page 59 Defendant files an answer in general denial.

Order Book 38

May Term 1902, Page 158, October Term 1902, Page 183, 217, 222

Gandy, Oscar

Vanderpool, Bertha E

Other defendants: Lydia M. Buck and Charles A. Buck

 

On notes and in attachment. Attorney appears for defendant. Page 183 Attorney appears for Bertha Vandepool. Defendants Lydia M. Buck and Charles A. Buck file a general denial.. Garrett Banking Co is the garnishee. Page 217 Defendant Garrett Banking Company files an answer. Page 222 Goes to trial without a Jury. Court finds for the defendant

Order Book 38

May Term 1903, Page 491, 503, 504

Garmire, Jonathan et al

McIntosh Jay

Other Plaintiff Earl Garmire

 

Replevin Page 503 Given to a jury for trial. The jury finds for the Plaintiff and that they are entitled to the possession of the property in the complaint and that the value of the same is $65. Page 504 on verdict of the jury, the court rules Plaintiff to recover $100 damages and is entitled to possession of 2 dun colored ponies, I cigar wagon, with top, covered wooden cigar department, 1 leather sample case for cigars, 1 pair of stable blankets, 1 pair of wide striped grey horse blankets, one whip, keys to wagon and 1 set of light double harness the value of $65.

Order Book 38

May Term 1903, Page 568, 571

Garrett Lumber Co.

Eppert, Thomas et al

Other defendant Carrie Eppert

 

On a/c and to Foreclose Mechanics Line Attorneys appear for the defendant. Page 571 Case continued.

Order Book 38

May Term 1902, Page 28, 460

Gaskell, Frank

Keller, Anna S.

   

Damages, Attorney appears for the Plaintiff. Page 460 Plaintiff dismisses the case.

Order Book 38

October Term 1902, Page 177, 224

Gengnagle, George P. et al

Blair, William et al

Other Plaintiffs: Edward Gengnagle, Otto Gengnagle Other defendant: Corwin E. Blair

 

Page 177 is case 6663 Attorney appears for the defendant. Page 224 Foreclosure of Mechanics Lien Attorney withdraws his presence as attorney for defendants. Defendants are in default. Court trial and court finds for the Plaintiff. Plaintiff entitled to recover $31 and all costs. Mechanics Lien to be foreclosed on 30 acres of land out of the northeast ¼ of the Southeast ¼ of Section 11, in Wilmington Township.

Order Book 38

October Term 1902, Page 177, 197, 226, 247

Gibbford, James De.

Baltimore & Ohio R. R. Co

   

Damages. Attorney appears for defendant Page 197 Case continued. Page 226 Goes to jury for trail. By agreement the parties withdraw from the jury and the jury is discharged. Plaintiff asks for an amended complaint. Page 247 motion for a change of venue.

Order Book 38

December Term 1902, Page 310, 322, May Term 1903, Page 454, 461

Gibson, Lawrence

Beery, Myrtle

   

To Cancel Notes and Mortgages. Attorneys appear for the defendant. Page 322 Witness in said affidavit: Lawrence Gibson, Frank A. Brink, George drew and Vincent Brunson appear at 9 o’clock a.m. Friday, January 23, 1903 and submit to a deposition. Two days notice of such taking is given defendant Myrtle Beery. Page 454 Court orders case left off the docket. Page 461 Plaintiff to file an amended complaint.

Order Book 38

October Term 1902, Page 206, 207

Globe Publishing Co

Stamets, Mildred R. et al

Other Defendant: Zenith H. Stamets. The plaintiff is a corporation of the State of New York

 

Defendant is indebted to the Plaintiff in the sum of $33 plus interest. for 1 set edition DeLux of the Rise Jolt Library Universal Literature in 25 volumes. Included is a copy of the contract as exhibit "A" Also included on pages 206, 207 is a summary of the proceedings and costs occurred.

Order Book 38

December Term 1902, Page 288, 303

Greenwaldt, Samuel A.

Lake Shore & Michigan Southern R.R. Co.

   

Damages. Plaintiff files an amended complaint. Page 303 Defendant files a demur.

Order Book 38

March Term 1903, Page 404, 410, 417, 419

Groscup, Fred et al

Hike, Charles, et al

Other Plaintiff: Minnie Groscup Other Defendant Edward. M McKennan, John H. Lehner, Caroline Hike.

 

Quiet Title. Page 410 Defendant McKennan files a disclaimer to the lands description. Page 417 Submitted to the Court for trial. Page 419 Court finds for the Plaintiffs The part of the Southeast ¼ of the Southeast ¼ of Section 34 in Township 34 North of Range 12 East and ten acres off the South side of the Northeast ¼ of the Southeast ¼ of said section be quieted against all defendants. Mortgage by Charles and Caroline Hike to John J. Lehner dated August 20, 1901 and recorded in deed Record 63 Page 151 and deed by John J. Lehner and wife to Fred Groscup and Minnie Groscup August 8, 1902 and recorded in Book 66 Page 71 be reformed and corrected (and the change is recorded.

Order Book 38

May Term 1903, Page 561

Groscup, Herman

Rogers, Harris

Other defendant: Paulina J. Rogers

Charles T. Rogers guardian of Harris Rogers, non compos.

To Reform Deed. On October 29, 1901 the defendants agreed to convey to the Plaintiff; 2 acrs of land out of the Southwest corner of the North ½ of the Southwest ¼ of section 4 Township 33 North of Range 12 East. By mutual mistake real estate was described as being in the Southwest corner of the North ½ of the Northwest ¼ of said section. Correction is to be made in Deed Record #63, Page 63.

Order Book 38

December Term 1902, Page 356

H. Shearer & Co.

Yesbera-Richey Carriage Co.

   

Replevin. It is ordered that the Plaintiff recover from the Defendant 20 pieces of cloth, 10 pieces of rubber, 150 sets of steele tires, 300 sets of wheels, 6 pieces of carpet, 20 pieces of enamel goods, 3 bales of moss, 150 dashes, 150 sets of bow sockets, 150 sets of joints, 200 shift in rails, complete, 2 bales of buckram, 150 sets of springs, 200 sets of ax wells, 1 ton of wood wool, 200 roll up straps, 20 gross of drive knobs, 30 gross of rivet knobs, 10 gross of leather covered nuts, 10 gross of drive knobs, 30 gross or rivet knobs, 10 gross of leather covered nuts, 10 gross of prop nuts, #24, & #25, 100 sets of sleeve bands, 10 gross of Japan tufting buttons, 50 gross of wood screws, 10 great gross of P.M. Buttons, 2000 Japan shaft tips, and the list goes on.

Order Book 38

May Term 1903, Page 466

Hackett, Belle

Hughes, James

   

Representing unsoundness of mind. Henry Davidson is appoint guardian

Order Book 38

May Term 1903, Page 466

Hackett, Belle,

Hughes, Elizabeth

   

Representing unsoundness of mind. Henry Davidson appointed as guardian.

Order Book 38

May Term 1902, Page 161

Haines, W Etta

Campbell, Ellen

   

Foreclosure of Mortgage. Cause is dismissed.

Order Book 38

December Term 1902, Page 274

Hall, Frank A.

McConnel, John

   

Plaintiff dismisses the cause.

Order Book 38

May Term 1903, Page 457, 462, 475, 485, 486, 491, 493, 531

Hamm, Lizzie, by Mary Sweeney, her next friend

Beard, Henry W.

   

Seduction etc. Defendant motions for Plaintiff to file separate causes. Page 462 Attorney appears for the defendant. Page 475 Seduction and Breach of Promise of marriage. Separate causes overruled by the Court. Attorney withdraws his appearance for defendant. Page 485 requires plaintiff to have a responsible person as next friend. Page 486 Case continued. Page 491 Attorney withdraws for the defendant Page 493 Case continued. Page 531 Change of venue- Steuben County.

Order Book 38

May Term 1902, Page 69, 155, 156

Harpster, Levi A.

Treeman, James et al

Other Defendants: John Treeman, Herman Treeman, Paullina Woods, Roena Farner, Thomas H. Tomlinson, Caroline Treeman, Georgia Rose, William E. Rose, Helen Cole, William W. Straight Jr., Isaac M. Diehl, George W. Carpenter, Charles H. Lewis, John J. Hoopingarner, Calvin M.M. Lewis, Addie Stranger, Leander J. Diehl, Daniel d. Diehl, Unknown heirs of Helen Cole deceased, unknown heirs of Hiram Treeman deceased, George Kibbe, Lena Tomlinson, George T. Tomlinson, Ephraim Diehl, William Diehl, Eliza Johnson, Daisy Wilson, Orrin, Huffman, Edna McGilvery and Warren Huffman

Infancy of Georgia Rose, George T. Tomlinson, Orrin Huffman and Warren Huffman, the court appoints H. W. Mountz Guardian ad litem

Quiet Title and release Mortgage. Plaintiff files an affidavit showing non-residence of certain defendants. Pages 155, 156 Mortgage in question: August 29, 1867 Augustus F. Packer executed a mortgage to John J. Hoopingarner, George W. Carpenter, Jeremiah Lewis and Isaac Diehl and recorded in Mortgage Book 6, Page 12. This mortgage has been fully paid and the Plaintiff is owner of 50 acres of land off of the South side of the Southwest ¼ of Section 10, Township 34 North Range 14 East. Except the right of way for the Detroit Eel River and Illinois Rail Road co.

Order Book 38

October Term 1902, Page 233

Hartman, Walter C.

Ocker, Belle M

   

No details. See William A. Hawkins.

Order Book 38

May Term 1902, Pages 60, 61, 62

Hartman, William W.

Sawvel, Isaac et al

Other defendants: Reuben Sawvel, John Sawvel, Margaret Myers, Adeline Stahlman, Mary Rader, Edward Sawvel, Emiline Barnes, Levi Anthony, Isaac Anthony, Ada Marvin, Ida Anthony, Doretha Duncan, Dora Anthony, Fohn Forney, Elizabeth Huey, David Forney, and his unknown heirs, Mary Foreny, Sarah Furney, Allie Dancer, Nora Cook, Dora Duncan, John Anthony, Elizabeth Yoethers, Catharine Zimmerman, and Daniel Anthony.

Notice of cause published in the Waterloo Press. Defendants in default. The Commissioners Deed is attached.

To quiet title. Court trial and the Plaintiff is entitled to a Deed of Conveyance and he is owner of The Northeast ¼ of the Southwest ¼ and 10 acres off the East side of the Northwest ¼ of the Southwest ¼ all in Section 16 in Township 35 North of Range 13 East.

Order Book 38

October Term 1902, Page 176, 199, 204, 303

Harvey (A.) & Sons Manufacturing Co.

Binder, Otto

   

Page 176 Plaintiff files supplemental complaint. Page 199, On Account. Plaintiff dismisses the case. (Case 6500) Page 204 on case 6706 Attorney appears for the defendant. Page 303, Court finds for the Plaintiff that he is to recover $264.

Order Book 38

October Term 1902, Page 176, 191, 273

Hathaway, Charles et al

Baltimore & Ohio R. R. C.

   

Damages case continued. Page 191 On account case Continued. Page 273 Deposition ordered published.

Order Book 38

May Term 1902, Page 99, October Term 1902, Page 184, 233

Hawkins, William A.

Ocker, Belle M. et al

Other defendants: Jessie B. Ocker, Edna M. Stevenson

Each of the defendants are non-resident of the State of Indiana. Plaintiffs Walter C. Hartman, William H and Charles Schaab have attached the undivided 2/3 of lots 11 and 12 in Block 33 in the original City of Garrett. William A. Hawkins has attached lots 3 and 4 in Watson & Minshell’s addition to the City of Garrett. The Courts final ruling is included.

Notes in Attachment Orders for a writ of attachment against the defendant. Notice published in the Auburn Dispatch. Page 184 Attorney appears for defendant. Page 233 Cases 6126, 6174, 6610 and 6619. Notice of action was published in the Auburn Dispatch. Walter C. Hartman is to recover from Belle M. Ocker $18.87. William H. Schaab and Charles Schaab are to recover from Belle M. Ocker $39.38 There is due from Belle M. Ocker, Jesse D. Ocker and Edna M. Stevenson to William A. Hawkins $306.88

Order Book 38

May Term 1903, Page 526

Hays, James V.

Baltimore and Ohio R. R. Co.

   

On Contract. Defendant ordered to produce certain books and papers designated at the trial of the cause.

Order Book 38

May Term 1903, Page 455, 479, 538, 539, 542, 543

Hendricks, John T.

Miller, John W.

Other Defendant: Arville Miller

 

Defendant files a general denial. Page 479 Continued for further hearing. Page 538 Case continued. Page 539 Court takes case under advisement. Page 542, 543 Firm name Hendricks & Miller. John T. Hendricks has overdrawn his account with the firm and is indebted in the sum of $607.29. John W. Miller has overdrawn his account and is indebted to the sum of $1,093.87 leaving a balance due from John W. Miller $486.58. Real Estate is not partnership property. John W. Miller has the refrigerator for meat cooler in his possession. Plaintiff is owner of 1 refrigerator or meat cooler, 1 meat lever, 3 meat knives, 1 meat block, 1 counter, 1 platform scale, 1 counter scales, 2 ice tongs, 1 ice cream freezer, 1 ice spud, 1 Winchester rifle, 2 iron staks, 1 block scraper, 2 meat saws, 1 saw frame, 1 light butcher’s wagon, with thills and pole, doubletrees and neck yoke complete, 1 delivery wagon, 1 road wagon, a part of two sets of single harness, 2 hide or oil barrels, 1 iron kettle, 1 grind stone, 200 feet of lumber for ice house roofing, 1 set of beef hangers, 3 2x 4 dressed scantling for making beef hangers, about 10 wagon loads of saw dust, 1 Galloway robe, 1 steel and 2 beef spreaders. And the defendant is to deliver up to the plaintiff peaceable possession. It is decreed that the plaintiff has not title or lien on Town lot 37 in the Village of Vienna.

Order Book 38

May Term 1902, Page 50, December Term 1902, Page 297, 318, 354

Hendrickson, John E..

Baltimore & Ohio R. R. Co.

   

Damages. Page 297 Case continued. Page 318 Case continued. Page 354 Case continued to February 16, 1903.

Order Book 38

October Term 1902, Page 193 March Term 1903, Page 367

Hering, Margaret

Thompson, E. W.

   

On account. Attorney appears for the defendant. Page 367 Case is dismissed by Plaintiff.

Order Book 38

March Term 1903, Page 408, May Term 1903, Page 465, 539, 546

Hill, Emil

Smith, Isaiah I. Et al

Other Defendant Mary A. Smith

 

Foreclose Mechanics Line. Attorney appears for the defendant. Page 465 Case continued. Page 539 Case Continued. Page 546 Both parties appear and by agreement the cause is dismissed.

Order Book 38

May Term 1903, Page 487

Hirsch, Herman

May, Henry

   

Complaint on account filed March 7, 1903 Before David w. Steward, a Justice of the Peace in and for Wilmington Township. Copy of Proceedings in case are shown as Exhibit A. Defendant owes $25.58 for wares and merchandise sold and delivered by the Plaintiff.

Order Book 38

Vacation in May Term 192, Page 134, 135

Hirsch, Herman

Palmerton, John

Before Henry H. Leonard, a Justice of the Peace in and for Wilmington Township

 

Plaintiff claims defendant is indebted to him for $20.37 for goods and mdse sold between June 1, 1900 and June 22, 1901. Defendant three times called and is in default.

Order Book 38

October Term 1902, Page 259

Hixson, Forrest A.

Farmers Bank, Auburn Indiana

Other defendant: Albert Robbins

 

Damages. Ordered left off the docket until further orders.

Order Book 38

December Term 1902, Page 277, 283, 295, March Term 1903, Page 408

Hoffman, I. Oscar

Gochnauer, Harry

   

On Note & A/c Defendant called in default. Page 283 Plaintiff to recover $62.40 from the defendant. Page 295 Default and judgment against defendant set aside. Defendant appears with attorney. Page 408 Defendant in default and court orders the Defendant to pay $62.40 to the Plaintiff.

Order Book 38

October Term 1902, Page 228, May Term 1903, Page 453, Page 501

Hoffman, Theron

Zeider, Oscar

   

Damages. Attorney appears for defendant. Page 453 Case continued. Page 501 Court rules that the Plaintiff is due $50 from the defendant.

Order Book 38

Vacation Term May 1902, Page 140, 141

Hogue, Frank

Gengler, Louis J.

Before WM. M Chew, a Justice of the Peace in and for Keyser Township

 

Plaintiff claims defendant on January 31, 1898, promised to pay the Plaintiff $73.60 with 6% interest. $36.68 is still due.

Order Book 38

October Term 1902, Page 258

Hollister, Sherman

Baltimore & Ohio R. R. Co.

   

In Injunction. Demurs are filed.

Order Book 38

December Term 1902, Page 282, 306, 342

Holton, John

Carpenter, Andrew J. et al

Other Plaintiff, Mary Holton

 

Damages. Mary Holton is made a party to the action. Page 306 Defendants are ruled to answer by January 12, 1903.(the next Monday). Page 342 Plaintiff dismisses the cause.

Order Book 38

May Term 1903, Page 504

Hood, Roll E.

Krabil, Henry

First cause is 6898 Other Plaintiff. On cause 6899 Samuel G. Forder.

 

On account. The Plaintiff dismisses the cause. The plaintiff dismisses case 6899.

Order Book 38

May Term 1902, Page 46, 47

Hook, Daniel

Hook, Jacob M et al

Other Defendants: Adam Christoffel, Caroline Christoffel, Ora Hook

 

Notes & Mortgage Court Trial. Court finds against the Plaintiff. Court finds for Adam Christoffel on his cross complaint Adam Christoffel is entitled to have his title quieted as against all defendants and he is the owner of the Northeast ¼ of the Southwest ¼ of Section 17 and 60 acres of land off of the West side of the East ½ of the Northwest ¼ of Section 20 all in Township 34 North, Range 15 East.

Order Book 38

May Term 1902, Page 128, 262

Hoover, David E. et al

Faulconer, Clem U.

Other Plaintiffs: Ira A. Jones, partners doing business under the firm name of Hoover and Jones.

 

Demand $83.22 Plaintiff files and affidavit showing the non-residency of Clem U. Faulconer. Page 262 defendant was notified by publication in the Auburn Courier. Defendant in default. Court finds for the Plaintiff and that he is due $83.22 and that the property attached: Lots 12 and 13 in Block 75 in Keyser’s addition to the City of Garrett be sold.

Order Book 38

May Term., 1903, Page 568

Hoover, Harvey et al

Houser, Adam B.

   

Attachment. Cause is dismissed by the Plaintiff.

Order Book 38

May Term 1903, Page 518

Houk, Daniel

Squires, Newton S.

Other Defendants: Ann Squires, Michael Wagner

 

On Note. Court finds for the Plaintiff and he is to recover $263.58 from the defendants. H. C. Squires acknowledge repleving bail.

Order Book 38

October Term 1902, Page 230

Houlton, William L.

Rickard, James

   

Complaint on account. Before Daniel W. Weitz, a Justice of the Peace in and for Troy Township. James Rickard is debited to William L. Houlton for sawing 1402 feet at $3.50M This was subscribed before the justice of peace on April 11, 1894. There follows the proceedings and the writ.

Order Book 38

October Term 1902, Page 243, 266, 319, 321 March Term 1903, Page 367, 372, 405, 407, 409, 410, 432

Hovarter, Clarence

Ringler, Spencer

   

Slander Attorney appears for the defendant. Page 266 December 5, 1902 Plaintiff files additional paragraphs. Page 319 Case continued. Page 321 Defendant asks for continuance of cause due to his sickness. Court sustains. Page 367 Case continued. Page 372 Case continued. Page 405 Goes to Jury trial. Page 407 Evidence is now concluded and jurors are permitted to separate until the next day. Page 408 Jurors hear the instructions and retire to their room. Page 410 Verdict Jury finds for the Plaintiff and assesses his damages at $75. Page 432 confirmation of the judgment.

Order Book 38

December Term 1902, Page 302, 315, 327, 337, March Term 1903, Page 422

Howlett, Luella B. et al

Reed, Harriet E. et al

Other Plaintiffs; Minnie M. Reed Other Defendants: Hattie B. Deary, James O. McCool, Clara A. Frost and Mary Catharine McCool

 

Partition. Notice to Hattie B. Deary, James O. McCool, Clara A. Frost and Mary Catharine McCool have been notified by publication in the Auburn Courier. Defendants except for Harriet E. Reed are in default. The court orders that partition be made of the West ½ of the Southeast ¼ and 5 acres off of the East side of the Southwest fractional ¼ all of Section 31 in Township 35 North of Range 12 East. Court appoints Commissioners to make the partition. Page 315 Commissioners assign the Partition to the various individuals. Page 327 Parties appear to have the partition set aside. Court sustains and appoints other Commissioner to make partition of Real Estate. Page 337 New Partition: Set aside to Harriett E. Reed for her entire interest 21 acres off the North end. Se aside to Leuella B. Howlett and Minnie M. Reed the South 32 acres of the North 53 acres. Set aside to Hattie B. Deary, James O. McCool, Clara A. Frost and Mary Catharine McCool all that remain of said real estate. Page 422 Commissioner’s report is to be confirmed and made firm.

Order Book 38

December Term 1902, Page 278, 331

Ide, George P. et al

Yesbera, George H.

   

On Account. Attorney appears for the defendant. Page 331 Cause is settled by parties and dismissed.

Order Book 38

December Term 1902, Page 311, March Term 1903, Page 386

Imhoff, Charles et al

Thurston, Calvin H. et al

Other Plaintiff: Anna Imhof, Other Defendant Herman Krolick

 

Release Mortgage. Non-residence of defendants and case continued until March 16, 1903. Page 386 Notice in the DeKalb County Herald and defendants are in default. Court Trial adjudges for the Plaintiff and the Mortgage executed December 3, 1899 by Charles and Anna Imhof to Calvin H. Thurston and recorded in the Recorders office is fully paid and satisfied. Land: The South ½ of the Southwest ¼ of Section 15 Township 35 North Range 14 East.

Order Book 38

October Term 1902, Page 208

Imhoff, Theodore E.

Scattergood, George

 

`

On judgment. Defendant has been served process by a writ. Defendant in default by not appearing. Goes to Court Trial Plaintiff to recover !70.98 from defendant.

Order Book 38

October Term 1902, Page 220, 225, December Term 1902, Page 339, March Term 1903, Page 395

Incorporated Town of Butler

Tomlinson, Charles T. et al

Other defendant: Tomlinson, Herman

 

For Injunction Restraining order on Defendant from enjoined, constructing, adjacent to lot 1 in Block 1 in Tomlinson’s addition to the Town of Butler. (construction on Broadway Street, the cement sidewalk.) Page 225 Temporary restraining order granted. (a description of the sidewalk can be found on page 225). Page 339 Cause continued until March Term 1903. Page 394 Case dismissed at Plaintiffs cost.

Order Book 38

December Term 1902, Page 277, 308

India Rubber Co.

Yesbera-Richey Carriage Co.

   

On Account. Attorney appears for the defendant. Page 308 Parties agree to dismiss the cause at the Defendant’s cost.

Order Book 38

December Term 1902, Page 297, May Term 1903, Page 461, 465, 473, 490, 547, 556, 558

Indiana-Bedford Stone Company

Young, August

   

To foreclose Mechanics Lien. Attorney appears for the defendant. Page 461 Court rules absolute against the defendant in answering complaint by Thursday morning. Page 465 Case continued. Page 473 Defendant ordered to appear at the Law Office of F. L. Welsheimer in Auburn Saturday June 6, 1903 at 1 o’clock and submit to an examination. Page 490 Case continued. Page 547 Defendant files offer to allow judgment against him for $350. and a foreclosure of mechanic’s lien. Page 556 Examination of the Defendant ordered published. Page 558 Case continued.

Order Book 38

October Term 1902, Page 177, 178, 227, 228, 295

International Building and Loan Ass’n of Indianapolis, IN.

Smith, Alpha E.(could be Orpha) et al

Other defendants: Mino I and Frank R. Seiler

 

Foreclosure of Mortgage. Page 227, 228 Defendants having defaulted the case goes to Court trial. Court finds for the Plaintiff and Plaintiff is to recover $383.20 from Mino I. Seiler. Plaintiff is allowed to foreclose against defendants except Smith and Smith on Lot 13 in Block 45 in the Town of Ashley. Ash Gonser is appointed Receiver of the mortgaged property and to collect rents and profits. Page 295 Oath filed by Receiver and also bond of $100 with H.E. Gettie and D. E. Gonser as sureties.

Order Book 38

October Term 1902, Page 184 March Term 1903, Page 367

Irvin, A. J. M. D.

Eppert, Thomas

   

Account. Attorney appears for the defendant. Page 367 Case dismissed by Plaintiff.

Order Book 38

May Term 1903, Page 467

Jackman, Lydia et al

Duncan, Louisa et al

   

To contest Will

Order Book 38

March Term 1903, Page 415

Jackman, Norman

Lilly, Wesley et al

Other defendants Unknown heirs of Wesley Lilly, Mary Ann Lilly and unknown heirs, John D. Phoenix and unknown heirs, Francis M. Babcock, and unknown heirs, John Babcock and unknown heirs, Alice C. Babcock ad unknown heirs.

 

Quiet Title to Real Estate and to declare a Mortgage satisfied. Notice published in the Auburn Dispatch. Court adjudges the Plaintiff is the owner of 6 ½ acres of land off of the West side of the Southeast ¼ of the Northeast ¼ of Section 34 in Township 34 North, range 13 East. William Clark executed a mortgage on October 12, 1853 to John D. Phoenix, Francis M. Babcock and John Babcock, recorded in Book 2, Page 166 at the Recorder’s Office. This mortgage is released. Page 423 Case continued.

Order Book 38

May Term 1902, Page 159, March Term 1903, Page 383, 423, 424, May Term 1903, Page 467, 517, 518, 519-521, 556

Jackman, Sarah

Farmers Mutual Fire Insurance Co of DeKalb Co. In.

 

Sarah Jackman took out policy o April 3, 1880. She was at that time the owner of 60 acres off the East side of the Northwest ¼ o Section 18, Township 35 North, Range 14 East. Coverage was on the dwelling house and other buildings including contents. August 10, 1899 conveyed said lands to her grandson, Cyrus B. Jackman. Sarah had a life estate. James Hodges made a revaluation for the defendant of premises on August 23, 1900. Cyrus Jackman, Sr. was the husband of Sarah. Insured dwelling was destroyed by fire on March 22, 1902. There are more details as to the case in the questions and answers; but this is the just of the case.

On Policy demand $500. Defendant files a demur. Page 383 Case continued. Page 424 E. D. Hartman being disqualified to try the cause William M. Brown is appointed as special judge. Page 467 Case continued. Page 517 Goes to Jury for trial. Page 518 evidence is now concluded and jury permitted to separate until the next morning. Page 519-521 Jury finds for the Plaintiff and assesses the damages at $400. There are 47 questions and answers requested by the Plaintiff and 11 questions and answers requested by the Defendant. Page 556 Defendant prays an appeal to the Appellate Court of the State of Indiana.

Order Book 38

May Term 1902, Page 64, March Term 1903, Page 398, May Term 1903, Page 489

Johnson, Keifer A.

Nye, Oscar

Other defendant Abraham Fike

 

On Note. Attorney appears for defendant. Page 398 Continued. Page 489 Fike is surety for Nye. Plaintiff to recover $98.81 from the defendant.

Order Book 38

May Term 1903, Page 468, 495

Johnson, Otto F. et al

Kirkpatrick, Charles

   

On Note. Attorney appears for the defendant. Page 495 Case continued.

Order Book 38

Vacation Term after December Term 1902, Page 363

Jones, C. B.

Smith, Isiah I.

   

Before Wm. H. Chew a justice of Peace in Keyser Township. Plaintiff claims that defendant owes $20 with the cost of this suit.

Order Book 38

May Term 1902, Page 93, 94,

Jones, C. B. Mr.

Eppert, Thomas Mr.

   

On July 16, 1901 before Wm. H. Chew a justice of peace in Keyser Township: Defendant owes $18.30 to Plaintiff. Details of that transaction on pages 93 and 94.

Order Book 38

May Term 1902, Page 50, 79, 82, 106

Jones, Cornelius B.

Ocker, Belle M. et al

Other defendants: Karl Kober, Apheus W. Madden, Walter C. Hartman, William H. Shaub, Charles Shaub,

 

Summons for Belle M. Ocker Page 80 Attorney appears for Defendant Karl Kober, Page 82 Attorneys appear for Walter C. Hartman and Bell M. Ocker. Other defendants are in default. Page 106 Case settled by parties and dismissed.

Order Book 38

May Term 1902, Page 157

Jones, Cornelius B.

Roach, John A. et al

Other Defendants: Wife of John Roach, Minnie Roach and Karl Moyer

 

Foreclose Mortgage and to appoint a Receiver. Defendants are in default. Court finds that the Plaintiff is to recover from John A .Roach $328.60 and that the mortgage on Lots 8 and 9 in Block 21 in the original Plat of the Town of Garret be foreclosed and sold. J.D. Brinkerhoff is appointed receiver.

Order Book 38

May Term 1902, Page 124, 125, 126, 127, 162, 191, December Term 1902 265, 266, 333

Jones, Isaac

City of Auburn

   

Damages Goes to Jury for trial. Page 125, Jury is permitted to separate until the next morning. Page 127, 128 Goes to jury trial. Jury finds for the plaintiff and asses his damages at $202.40. Page 162 Defendant files for a new trial. Page 191 Plaintiff files a remitter of $95 and defendant asks for a new trial, which is overruled. Defendant to pay $107 and all costs. Page 265 Clerk to prepare papers or what is needed for an appeal t the appellate Court. Page 266 A bill of exceptions filed. Page 333 Case continued.

Order Book 38

May Term 1902, Page 43, December Term 1902 324, 325, 326, 329, 330, 333, March Term 1903, Page 373

Jones, Robert W.

Loveland, Judson

   

Defendant by his attorney files and affidavit of himself, William H. Chew and E. M. McKennan as against he petition to be substituted as parties’ plaintiff. Page 324, 325 Goes to trial by jury. Page 326 Jury retires to their room for deliberation. Page 329, 330 Jury finds for the Plaintiff and assesses his damages at $20. There are 16 questions and answers to which the Plaintiff submitted and 2 questions and answers to which the defendant submitted. Page 331 Case continued. Page 373 Plaintiff to recover $20 from Defendant and the Plaintiff pay all costs of this action.

Order Book 38

December Term 1902, Page 280, 331

Kaplan, Joseph et al

Yesbera, George H.

   

On account. Attorney appears for the defendant. Page 331 Cause is settled by parties and dismissed.

Order Book 38

May Term 1903, Page 503

Karn, Samuel A.

Hanson, Elmer H.

   

On Notes Defendant In default. The court finds the defendant is indebted to Plaintiff for $589.67. There is a letter in file signed by Samuel A. Karn transferring the title, and interest to Howard W. Mountz.

Order Book 38

May Term 1903, Page 581

Kelhman, James

Baltimore & Ohio R. R. C., Baltimore and Ohio and Chicago R. R. Co.

 

For Possession of Property. Cause by the Plaintiff is dismissed.

Order Book 38

May Term 1902, Page 161

Keller, Cora E

Baltimore & Ohio R. R. Co.

   

Damages Plaintiff dismisses the case.

Order Book 38

March Term 1903, Page 406

Kenestrick, Martha

Souder, George B. et al

Other Defendants: Sarah M. Souder, Lewis Freeman

 

Foreclose Mortgage. Defendants Souder & Souder notified and wholly in default. Court finds that Lewis Freeman holds a mortgage lien in the sum of $1,575. and is due April 7, 1903. Souder and Souder owes $877. and is secured by a mortgage on the premises. It is ordered that the Plaintiff’s mortgage be foreclosed except defendant Lewis Freeman on the East ½ of the Northwest ¼ of Section 19 in Township 35 North of Range 15 East, containing 80 acres more or less. If land does not sell for a sum sufficient to satisfy the judgment, then the goods and chattels, lands and tenements of Souder and Souder shall be sold.

Order Book 38

October Term 1902, Page 193, 209 May Term 1903, Page 490

Knauer, J. Harvey

Knauer, Katie

   

Representation of Insanity. Summons issued for defendant. Page 209 Jury trial. Jury finds for the plaintiff and defendant is incapable of managing her estate and a guardian is appointed for her estate. Melvin E. Reynolds is appointed commissioner . Page 490 Cause by court ordered left off the docket.

Order Book 38

December Term 1902, Page 309, 310, 334

Knights of Phythias Lodge, Auburn

Stamets, William O. et al

Other Defendants: Laura A. Stamets, John Mitchell and Henry C. Shull

 

Note. Attorney appears for the defendants. Page 310 Case continued. Page 334 Plaintiff dismisses the case against Henry Shull Attorneys for Wm. And Laura Stamets withdraw their appearance. Stamets, Stamets and Mitchell are three times called and are in default. Cause is submitted to court for trial and Court finds for the Plaintiff and Plaintiff is to recover from the defendant except Henry C. Shull $283.

Order Book 38

May Term 1902, Page 33

Knisely, David Et Al

Rittenhouser, Manda

   

Cause dismissed the Plaintiff.

Order Book 38

October Term 1902, Page 235

Korber, Karl

Ocker, Belle M. et al

Other Defendants: Jessie D. Ocker and Edna M. Ocker

 

Case 6337 on Note. Plaintiff to recover $449.70 and the property attached to this action Lot 11, 12 in Block 33, in the original plat of Garrett be sold by the Sheriff.

Order Book 38

May Term 1903, Page 523, 545, 574, 575, 576

Kruse, William

Norton, John F (Could be James F Same case # with the two different names.)

 

Special Findings of Fact from pages 574-576 March 31, 1902 James? F Norton was owner of a dredge commonly used in ditches. On Same date the Plaintiff and defendant wer desirous of digging a ditch in Wayne Township, Allen County, IN. (Fairfield Ditch). There was an agreement between Plaintiff and Defendant. The plaintiff entered into an agreement with the Board of Commissioners of Allen County. Plaintiff is solvent, defendant insolvent. This suit began on May 28, 1903 in the Superior Court of Allen County. William H. F .Moellaring was appointed receiver n the cause. The partnership is to be dissolved and equipment sold. The details of all the business and findings can be found on the pages mentioned.

William H. F. Moelering is Receiver, Appointed by the Allen Superior Court and filed in the Allen Superior Court, Allen County. Order to sell machinery 1 engine, 2 boilers, 1 swing engine, 1 crane and dipper, black-smith and other tools, frame and boat, hoisting and backing chairs and all other property and machinery connected with and belonging to the dredge; also personal property in the hands of the receiver. Notice is filed in two city newspapers in the City of Fort Wayne, Allen County. Page 545 William H F. Moellering presents his reort of the sale of personal property. Examination of the defendant is ordered published. Page 574, 575, 576 Special Findings of Fact. See previous column

Order Book 38

May Term 1903, Page 517, 535, 541

Lash’s Bitters Co.

Jackman, Cyrus B.

   

On Note and on money had and received. Alias Writ ordered for the defendant. Page 535 Defendant in default. Page 541 Court trial rules for the Plaintiff and that he is to recover $171.40 from Plaintiff.

Order Book 38

May Term 1903, Page 526

Lautzenheiser, John S.

Gettle, Henry

   

Damages. Attorney appears for the defendant.

Order Book 38

May Term 1902, Page 157, 161, October Term 1902, Page 188

Lawhead, Frank

Kagey, Daniel E.

Other defendants: Mary Kagey, Andrew E. Scott, City of Garrett,

 

Foreclosure of Mortgage. Attorney appears for Andrew E. Scott and the City of Garrett. Page 161 court is to order an alias summons for the defendant Mary Kagey. Page 188 Mary Kagey is in default. Plaintiff to recover from Daniel and Mary Kagey $791.66 Foreclosure of Lots 3, and 4 in Block 10 in the original plat of the City of Garrett.

Order Book 38

March Term 1903, Page 394

Leas, Hezikiah K.

Colgrove, James

Edward Wareham is Receiver.

 

Foreclosure of Mortgages. Receiver files his final report.

Order Book 38

May Term 1903, Page 486, 488

Leighty, Jacob D. Receiver

Garwood, Don A.,

Other defendants: Elizabeth A. McClellen and Jennie L. Garwood

 

Note and in attachment. Writ of attachment ordered against the property of the defendant. Page 488 The Plaintiff now dismisses the cause.

Order Book 38

May Term 1903, Page 457, 468, 483, 486, 491, 494, 502, 559

Leighty, Jacob D. Receiver

Lowenstein, Harry et al

Other Defendants Lake Shore and Michigan Southern Railroad, Commercial Bank of Ashley and Ashton W. Gonser.

 

On account. Attorney appears for Railroad. Page 468 Comes now the Commercial Bank of Ashley and Ashton W. Gonser garnishee defendants. Plaintiff to file a more specific complaint and bill of particulars. Page 483 Case extended. Page 486 Writ of attachment is now ordered against the property of the defendant. And a summons for the defendants. Page 491 Harry Lowenstein ordered to answer by Next Wednesday June 17, 1903. Page 494 Harry Lowenstein given until the next Monday to answer. Page 502 Attorney withdraws for the defendant. Page 559 due to Bankruptcy and Willis Rhoads appointed as Trustee the Court sustains motion that the name of the Plaintiff be changed to Willis Rhoads.

Order Book 38

October Term 1902, Page 192, 202, 280, 290, 302, 303, March Term 1903, Page 380, 404, 409, May Term 1903 Page 465. 484, 485

LeRoy, Jennie

Strass, J. Morris

Other defendants: Joseph Baum, and William Ryan, Nobel County Bank

 

Quiet Title J. Morris Strass asks a motion to quash the return of the Sheriff and the summons. Page 202 Defendant Morris Strass motions to quash the return of Sheriff. Court sustains motion. Plaintiff files a non-residency of defendant Strass. Page 280 Defendant Morris notified in the Auburn Dispatch. Morris appears and files a demurrer. Page 290 W. W. Sharpless enters his appearance with defense attorneys. Page 302 Case continued. Page 303 Case continued. Page 380 Willard LeRoy is made a defendant, as well as, Noble County Bank and George E Shull. Page 404 Attorney appears for Willard LeRoy and George A. Shull in the cross-complaint. Page 409 Cross-complaint entered with Albert Robbins as surety. Page 465 Attorney appears for Noble County Bank, Page 484, 485 Curt finds for the cross-complaint of J. Morris Strass against the Plaintiff and is to recover $36.50 and all costs. J. Morris Strass is entitled to foreclose against all other defendants and the plaintiff: Lots 4 and 5 Block 21 in the original plat of the City of Garrett.

Order Book 38

October Term 1902, Page 204

Lewis, Abner et al

Auburn Exelsior Company

Other Plaintiff: Alice Lewis

 

On Account Court finds for the Plaintiff and is entitled to recover $41.24. Norman Jackman signs as replevin bail.

Order Book 38

December Term 1902, Page 290

Lewis, Abner et al

Provines, Frank A. et al

   

Foreclose Mechanics Lien Cause is settled by the parties and dismissed by the Plaintiff

Order Book 38

October Term 1902, Page 189, 190

Liens, Mary A.

Harper, Catherine et al

Other Plaintiff: Gertrude Luttman, Other Defendants: Harriet E. Reed, Luella B. Howlett, Minnie M. Reed, Bessie B. Adams, Effie May Wallace, Roy I. Wallace, Mary C. Green, Mary McDonald, and the her unknown heirs. Hattie B. Deary, James O. McCool, Clara A. Frost, Mary Catharine McCool and William Wallace

 

Quiet Title and Partition. Notice to non-residents published in the Auburn Courier. Eliza Catharine Harper aka Catharine Harper appears with her attorney. C. M. Phillips is appointed guardian ad litem for Effie May Wallace, Roy I. Wallace and Bessie B. Adams. Court finds hat Catharine E. Harper, Harriet E. Reed, Mary C. Green, Luella B. Howlett, Minnie M. Reed, Hattie B. Dreary, James O. McCool, Clara A. Frost and Mary Catharine McCool and Mary A. Liens and Gertrude Luttman are owners of the described real estate. That the rights of the minor children are unfounded. The real estate is the West ½ of the Southeast ¼ and the Southwest fractional ¼ in Section 31 in Township 35 North of Range 12 East. Containing 213.48 acres. Sold as a Commissioners Deed (property is divided among the defendants and Plaintiffs with a full description of amounts.

Order Book 38

May Term 1902, Page 108

Linkenhelt, Charles

Fulmer, George

   

A/C Court Trial. Court finds for the Plaintiff. He is to recover .25 and all costs.

Order Book 38

December Term 1902, Page 294

Livergood, Alvin

Aldrich, William

Other defendant: Bird Aldrich

 

Cause is settled by parties and dismissed by Plaintiff.

Order Book 38

May Term 1902, Page 31, December Term 1902 Pages 332, 333

Livergood, Alvin

Morse, Albert D

Other Defendant: E. B. Dunten

`

Quiet Title Goes to Court for trial and Court finds for the Plaintiff that he is owner of Lot 137 and the East ½ of lot 136 in Egnews Second addition to the town of Butler.

Order Book 38

May Term 1902, Page 32, October Term 1902, Page 176, 208, 258, 261

Long, Flora

Baltz, George et al

Other Defendants: Willis Rhoads and J.E. Pomeroy, Frank A. Hoff and Mary J. Hoff.

 

Quiet Title Attorney appears for the Defendants. Page 176 Case continued. Page 28 Original complaint lost and a substitute is filed. Page 258 Cause settled by the parties. Defendant Baltz to pay Plaintiff $60. within 24 hours. If paid, the plaintiff is to dismiss the suit. Defendants Hoff and Hoff are to hold real estate. Page 261 Payment made and case is settled as provisions mentioned above.

Order Book 38

October Term 1902, Page 258

Loveland, Judson C.

Reuscze, John et al

Other defendant: Mary Reuscze

 

To foreclose Mortgage. Plaintiff dismisses the case.

Order Book 38

May Term 1903, Page 455

Lumm, Michael

Harbich, August

   

Injunction Cause is dismissed by the Plaintiff.

Order Book 38

May Term 1902, Page 32, 44, 80, 82, 83, 85-90, 131, 132

Lung, Elizabeth

Dapp, Henry

Jury members for this trial. Isaac Diehl, M. K. Houlton, W. D. Boyle, Emmanuel Myser, Thomas Myers, J. D. Nelson, John Rudolph Henry Rhom, Frank Bolander, Alva Perry, C. H. Gill and James Sibert.

Questions and answers. Plaintiff and defendant are brother and sister. Defendant had full charge of the settlement of their father’s estate. Defendant looked after the business of Plaintiff and her sister. Farm was worth more that $1500. Other questions are related to the value of the farm. In relation to this Will of Alois Dapp. The defendant then submitted questions for the jury to answer. There were six children living of Alois Dapp. Martin Dapp was the uncle of the Plaintiff and Defendant and was provided for in the Will of Alois Dapp. Medical and physical needs of Martin Dapp to be provided. Much detail follows in the 32 questions and answers.

Damages Defendant files a demur Page 44 Case continued. Page 83 Jury members retire to their room. Page 85- Jury finds for the Plaintiff. Plaintiff submits interrogations. Page 131, 132 Plaintiff to recover $25.

Order Book 38

May Term 1902, Page 172, October Term 1902, Page 177, May Term 1903, Page 453

Luttman, Leona

Hosler, Mary

   

Slander. Attorney appears for the defendant. Page 177 Attorney appears for the Plaintiff. Page 453 Cause is dismissed by the Plaintiff.

Order Book 38

October Term 1902, Page 234

Madden, A. W.

Ocker, Belle M.

Other Defendant Mrs. Mathew Clark

There are two case numbers 6102 and 6129

Note: Plaintiff to recover $317 and all costs from the defendants. (case 6102). On Case 6129 Plaintiff to recover $378.57 from the defendant.

Order Book 38

May Term 1903, Page 534, 558, 564

Markle, Henry

Kimes, Wesley et al

   

Damages & Injunction. Clerk orders the Sheriff toissued a summons for the defendants. Plaintiff files application for a temporary restraining order . Defendants are restrained from entering upon premises of the Plaintiff: The Northwest ¼ of Section 36, Township 33 North of Range 14 East. And recovering thereform any timber wood or other material now situated on said premises. Page 558 Hoffman & Smith appear for the defendant. Case continued. Page 564 Motion of the Plaintiff for a temporary injunction by the court sustained. Defendant is restrained from entering upon the premises of the Plaintiff: The N. W. ¼ of Section 36, Township 33 North, Range 14 East.

Order Book 38

March Term 1903, Page 374

Mason, A. J. et al

Smith, Ebby

Other Plaintiff: Warren A. Mason

 

Before John J. Sise a Justice of the Peace for Wilmington Township, Complaint of August 16, 1898, and the details of the writs, etc. Cause is for $91.05 with 6 percent interest.

Order Book 38

December Term 1902, Page 276, 302

Matheny, Timothy C.

McClellan, Robert S.

   

On Account. Defendant three times called and is in default. Page 302 Court finds the defendant owes the Plaintiff $137.

Order Book 38

May Term 1902, Page 162

McClaren, John C.

Thomas, Alfred J.

   

In Judgment and money had and received. Defendant notified by publication in the Auburn Dispatch. Defendant in default. Defendant is a non-resident of the State. And Plaintiff is entitled to have property attached and sold to satisfy debt of $257.79. Property: The West ½ of the Northwest ¼ of Section 12 in Township 33 North of Range 14 East.

Order Book 38

Vacation after March Term 1903, May Term 1903, Page 444, 488, 548

McClellan, Elizabeth

Garwood, Don A.

   

Dissolution of partnership and appointment of a receiver to take charge of the assests. Jacob D. Leighty is appointed receiver. Receiver to take possession of all the assets, etc of the McClellen Bank of Auburn. And the DeKalb Bank in Waterloo. Creditors to file and itemized statement of their claims and also notice to be published in the Auburn Courier, the Waterloo Press and the Waterloo Dawn. There is more detail that we have not placed on the Web. Page 488 Receiver to proceed with recommendations. Page 548 Receiver files inventory of The McClellan Bank and The DeKalb Bank. Bankruptcy was filed in the District Court of the U. S. for the District of Indiana. Willis Rhoads appointed Trustee in said bankruptcy. Receiver is ordered to surrender all property, personal and mixed to the Trustee. There are more details in Probate Record Book 14 Page 56-58. Microfilm M 39.

Order Book 38

May Term 1903, Page 508, 522

McClish, Artemus

Myers, Franklin P.

   

On note. Attorney appears for the defendant. Page 522 Case Continued.

Order Book 38

December Term 1902, Page 315, March Term 1903, Page 368

McClure, Robert L.

Schulthess, George

   

Writ of Replevin. Attorney appears for the defendant. Page 368 Case continued.

Order Book 38

May Term 1902, Page 38, 154, May Term 1903, Page 451, 460, 484, 527, 539, 562, 563

McFillen, Anne

Burrett, John R. et al

Other Defendant Susan Burrett, John P. Strouse and Caroline Strouse. William Hathaway, Viola Hathaway, Rue Hathaway, Ade Quince and Dice Quince , L. J. Gengler

Henry F. Brandt is receiver of the American Building & Loan Association.

Foreclose Mortgage Defendants in default. Page 154 Attorney appears for Strouse & Strouse. Page 451 General denial filed by defendants. Page 460 Case continued. Page 484 default against William, Viola and Rue Hathaway, Ade and Dice Quince is set aside. Demurs and Cross-complaints (no details). Page 527: Case continued with discussions. Page 539 Court takes case under advisement. Page 541 Case deferred until Wednesday Morning at nine a.m. Page 562, 563 Henry W. Brandt, receiver is entitled $5o from John R. and Susan Burrett, Anne McFillen is entitled $138. as a personal judgment from John and Susan Burrett. John P. Strouse is entitled $34.45 against defendants. There are other judgments in the verdict. It is adjuged that the liens and mortgage of Henry W. Brandt, Receiver, Anne McFillen and John P. Strouse be foreclosed; lot 8 in Blck 2 in Ozmun’s first addition to the City of Garrett.

Order Book 38

May Term 1902, Page 69

McIntosh, Etta

Anthony, Milton et al

Other Defendant William Anthony

 

Damages. Plaintiff dismisses the case.

Order Book 38

Vacation Term May, 1902, Page 142, 143, 149, May Term 1903, Page 486

McIntyre, William Henry

Town of Butler,

Other Defendants: George Rowe, John H. Baxter, Timothy J. Knisely

 

Plaintiff asks for a restraining order and injunction to stop any interfering with the operation of an Electric Light Plant, which is operated by William H. McIntyre. A contract of November 30, 1891 for putting in and operating an Electric Light Plant in connection with the waterworks Plant. Page 149 Restraining order granted. Page 486 Cause having been settled the Plaintiff dismisses the cause.

Order Book 38

May Term 1903, Page 571

McKinley, Lillie Amx of the estate of Samuel McKinley, deceased

Pittsburg, Fort Wayne & Chicago R. R. Co. et al

   

Damages. Attorneys appear for the defedant.

Order Book 38

December Term 1902, Page 354

McKinley, William S.

McKinley, Adam et al

   

To be left off the docket until further orders of the Court.

Order Book 38

May Term 1903, Page 526

McKinnon, Ed et al

Peters, Albert et al

   

On Notes & Mortgage. Plaintiff dismissed the cause.

Order Book 38

May Term 1903, Page 457, 458, 560, 566

McNab, Adam

McNab, David et al

Other Defendants: Duncan McNab, Mary McNab C. C. Butler, H. C. Crossley and M. I. Wilcox

 

Foreclose Mortgage. Plaintiff files non-residency of defendants, except Duncan McNab. Page 560 Defendants notified and in default. Page 566 D. M Link appears as attorney for Duncan McNa.

Order Book 38

May Term 1902, Page 38, 106, 107

Mercer, Letitia

Kepler, Samuel et al

Other Defendants Andrew Kepler, Burnside Clapham, Samuel B. Husselman, Jane Perkey and Ernest Perkey

Notice to defendants published in the Butler Herald. James E. Rose was appointed guardian ad litem of Harry Russel and Burnside Clapham.

To cancel Mortgage. Defendants are in default. Page 106, 107 Case goes to Court for trial. The defendants are in default. Court finds for the Plaintiff. Plaintiff is to have title to the North ½ of the Southeast q/4 of Section 21, in Township 35 North, Range 14 East. Mortgage by Henry Shaffer to Samuel Kepler October, 1855 and recorded in Mortgage Book 2 Page 385 has been fully paid.

Order Book 38

December Term 1902, Page 275

Metropolitan Loan & Savings Assn

Baker, Mahlon et al

   

Foreclose mortgage. Cause is settled by the parties and dismissed.

Order Book 38

October Term 1902, Page 183, 224

Miller, Lafayette J.

Blair, William L.

   

Note. Attorney appears for the Plaintiff. Page 224 Attorney withdraws his appearance as attorney for the defendant.

Order Book 38

March Term 1903, Page 381, May Term 1903, Page 508, 535, 546, 559, 570

Miller, Wesley D. et al

May, Orie et al

Mary May

 

Demand $60. and foreclose Mechanics Lien. Page 508 Case continued. Page 535 Case continued. Page 546 Examinations of the defendants ordered published. Page 559 Attorney appears for the Plaintiff. Page 570 J. J. Rose appears for the Defendant.

Order Book 38

October Term 1902, Page 179, March Term 1903, Page 379

Mills, Glenn W.

LeRoy, Willard H.

Other Defendant: Jennie LeRoy

 

To foreclose chattel mortgage Attorney appears for defendant Jennie LeRoy. Page 379 Jennie LeRoy files a separate demur.

Order Book 38

March Term 1903, Page 396

Miser, Peter

Miser, Catharine

   

Unsoundness of mind. Defendant in default. Myron Kutzner is appointed guardian of the defendant.

Order Book 38

Vacation after the March Term 1903, Page 443

Mogar, John B.

Peters, Albert

   

December 23, 1901 before Wm. H. Chew, a Justice of Peace for Keyser Township this cause was heard. Plaintiff states that the defendant owes $4.64 for meats sold and delivered to the defendant. The steps taken to recover the money are included in this cause.

Order Book 38

December Term 1902, Page 362

Moger, John

Smith, Isiah I.

   

On note. Before Wm. H. Chew a Justice of the Peace in Keyser Township. Defendant owes Plaintiff $9. plus costs of this suit. A copy of the bill and charges are included.

Order Book 38

May Term 1902, Page 43, October Term 1902 Page 176, March Term 1903, Page 373, 404

Moger, John B.

Baltimore and Ohio R.R. Co.

   

Defendant motions that Plaintiff is ordered to appear at the law office of Rose and Rose in City of Auburn on Thursday, May 29, 1902. Page 176 Continued until next term. Page 373 Defendant ordered to answer. Page 404 Defendant files for a change of venue. Court sustained and venue changed to Steuben Circuit Court of Steuben Count, IN.

Order Book 38

May Term 1903, Page 477

Moody, D. D.

Heckathrone, David

   

Before George Strayer a Justice of the peace in and for Smithfield Township, DeKalb County. The details of the action are included staring Nov. 22, 1902 until submitted to the Court on June 4, 1903. The court finds for the plaintiff and defendant owes $10.30 plus interest and court charges.

Order Book 38

May Term 1903, Page 533, 534, 535, 546, 548, 551

Moody, Daniel D.

Baltz, George F.

   

For Professional Service. Defendant defaults in case. Court trial finds that the Plaintiff if to recover $200 for professional service to the Defendant. Page 534 Defendants attorney motions to set aside the default and judgment. Page 535 60 days given for both sides to file bills of exception. Page 546 Defendant files amended motion to set aside default. Page 548 Case continued. Page 551 Court takes case under advisement.

Order Book 38

May Term 1903, Page 552

Moody, Samuel

Lamson, Clarinda et al

Lamson, James and Lamson, R. Ferdinand

The mortgage by Jacob Showalter owner of the lad executed to Andrew Lamson on Jun 7, 1861 and recorded on October 11, 1863 in Mortgage Record 3 Page 534 has been fully paid and released.

Notice of action published in the Auburn Dispatch. Defendants in default. Court trial Court decrees that the Plaintiff is owner of the South ½ of the Southeast ¼ and the East ½ of the Southwest ¼ all in Section 26, Township 35 North Range 14 East.

Order Book 38

December Term 1902, Page 280, March Term 1903, Page 369

Moore Satterfield & Co.

Hay, James Mrs.

   

Replevin. Attorney appears for the defendant. Page 369 Case is quashed and dismissed.

Order Book 38

March Term 1903, Page 380

Moyer, Karl

Smith, A. C. et al

   

Defendant Fred Kareling requests to permission for a cross-compalint.

Order Book 38

December Term 1902, Page 338, March Term 1903, Page 409

Nelson, Charles

Saunders, Arville Et al

Henry H. Leonard

 

To vacate Judgment Attorney appears for the defendants. Plaintiff dismisses the case.

Order Book 38

May Term 1902, Page 35, 154

Newman, Chester A.

Hawley, Edwin H.

Other Defendants Edwin L and Elizabeth H. Fosdick, Wife and unknown heirs of Edwin H. Hawley, Helen Fosdick, The wife of William Hosington (whose name is unknown, the husband of Emily J. Housington (whose true name is unknown, The wife of Calvin McM Lewis (whose true names in unknown, Frederick M. Keerate, Mary Keerate, David Knisley and wife, Heirs of David Knisley, Simon Stieffel and wife, and heirs, John Winbaugh and wife and heirs, Edwin L. Fosdick Elizabeth H. Fosdick.

All defendants except Edwin and Elizabeth Fosdick are non-residents. Notified in the DeKalb County Herald of cause.

 

Order Book 38

December Term 1902, Page 322

Nighswander, Martin

Nighswander, John

   

Unsoundness of mind. Court trial and court finds that the defendant is unable to manage his estate. A guardian should be appointed.

Order Book 38

May Term 1903, Page 500, 515

Niles, Ansel W.

Davis, William R.

   

Appointment of Receiver. David C. Beehler appointed receiver. Receiver ordered to take possession and hold and dispose under law the goods, property, rights and credits and effects of the plaintiff and defendant under the partnership of "The Peoples Tea Store." Page 515. The cause goes to Court for trial and the Court agrees the partnership should be dissolved and inventory, assets sold. To be advertised in two DeKalb County Newspapers and in the City of Garrett. Receiver is to distribute funds

Order Book 38

May Term 1903, Page 523, 531, 538, 546, 551, 568

Noble County Bank of Kendallville, IN

Gengler, Lewis J. et al

Other Defendant: Tri State Building and Loan Association of Fort Wayne. And Isabelle Gengler,

 

Foreclosure and Mortgage. Attorney for defendants appear. Page 531 Attorney appears for the Tri State Building and Loan. Page 538 Plaintiff motions a rule absolute against the defendants. Page 546 Case continued. Page 551 Case continued. Page 568 Attorney withdraws his appearance for Tri State Building and Loan Association and appears for Isabell Gengler.

Order Book 38

December Term 1902, Page 301, 331

Nodine, Daniel

Smith, George

   

Replevin. Goes to Court for trial. Page 331 Court finds for the defendant.

Order Book 38

December Term 1902, Page 338, March Term 1903, Page 368

Nodine, Henry

Pierson, Thomas

   

Attorney appears for defendant. Page 368 Cause is dismissed by the Plaintiff.

Order Book 38

Vacation October Term 1902, Page 268, 269

Nusbaum, William Dr.

Crew, William

Other Plaintiff: Charles E. Nusbaum Dr.

 

Bill August. 29, 1893 Medicine for self $1.00, Aug. 26 Medicine for self $.50, Oct. 31st medicine for self $.75, Nov. 4 Medicine for self .$.75 Balance due $3.00 Summons had been endorsed and the Plaintiff three times called and in default. December 1894 Plaintiff states that the defendant is indebted $7. Complete copy of the Bill of Particulars is on pages 268, 269. There is a history of the writs, etc.

Order Book 38

May Term 1903, Page 508, 559

Nusbaum, William H.

City of Auburn

   

On Account Attorney appears for the defendant. Page 559 Plaintiff dismisses the cause.

Order Book 38

December Term 1902, Page 352

Nusbaum, William H.

Zimmerman, J. Wilbert

   

On Note and Account. Defendant in default. Court finds for the Plaintiff and he is to recover $119.41 and $12.

Order Book 38

Vacation after October Term 1902, Page 264, 275

Ober, Andrew L

Hopper, Charles et al

   

Cause is dismissed and the court is requested to enter judgment December 1, 1902. Page 275 Cause dismissed by the Plaintiff.

Order Book 38

December Term 1902, Page 321, March Term 1903 Page 372, 375, 380, 381, May Term 1903, Page 454, 462, 468, 475, 493, 494, 495, 496, 497. 498. 516, 563

Olinger, Mitchell

City of Garrett et al

Isaac Whirledge

Re the published interrogations. It is over wire placed by the defendant on his premises and extending to the sidewalk near the street in order to protect his lawn.. Date of accident about Nov. 22, 1902.

Damages Separate attorneys appear for the defendants. Page 372 Isaac Whirledge is ruled to answer. Page 375 Attorney appears for the City of Garrett. Page 380 Isaac Whirledge enters a demur. Page 381 Case continued. Page 454 Case continued. Page 462 Court rules absolute against the defendant Isaac Whirledge to file an answer by Monday. Page 468 Whirledge files a general denial. Page 475 Defendant motions for the Plaintiff to submit to a physical examination. The Court sustains and is ordered to submit to such examination by Doctor’s Clevenger and Dr. Nusbaum. Page 493 Depositions and examinations ordered published. Goes to trial by jury. Suit against City of Garrett dismissed. Page 494 Jury asking for further evidence. Page 495 Evidence has been heard and jurors are permitted to separate until the next day. Page 496-498 Jury finds for the Plaintiff ad assess the damages at $200. There are seven questions and answers that the defendant should answer. The defendant submitted 40 questions. Page 516 defendant files for a written motion for judgment. Page 563 Plaintiff to recover $200 from Defendant. S. D. Johnston acknowledges himself as replevin bail.

Order Book 38

March Term 1903, Page 366

Orner, Susan

McIntyre, W. H.

   

Damages Attorneys appear for the Plaintiff and Defendant and a request for a venue. Changed to Noble County.

Order Book 38

May Term 1903, Page 530

P. L. Abbey Co.

Jackman, Cyrus

   

Attachment. Plaintiff files complaint, cost bond and affidavit of the non-residence of the defendant. Notice published in the Auburn Dispatach. Clerk ordered to issue a writ of attachment.to the DeKalb Sheriff.

Order Book 38

December Term 1902, Page 312, March Term 1903, Page 386, 387, 388, 425

Packer, Melinda

Chambers, William et al

Other Defendants: Florence Hopkins, David Hopkins, Franklin Menich, Cora Menich, his wife, William J. Menich, Cora Menich, his wife, Mary Pierong, William H. Pierong, Samuel B. Handkins and ? Handkins his wife whose given name is unknown, Richard Handkins and his wife, Wm. Chambers Adm. Of the Estate of Robert Chambers, Deceased, Calvin D. Chambers, Charles Ray Krauss, Calvin Ray Kraus, Melissa Ritter and Jackson Ritter

There is a letter in file date March Term 1903 written by Chas. Roy Kraus he sets over to his grandmother Sarah Chambers of Butler, In. all his rights. March 23, 1903.

Partition: Notice filed in the DeKalb County Herald to non-residents (all but William Chambers-through Jackson Ritter). Page 386-388 James E. Rose guardian ad litem for Calvin Ray Kraus. Goes to Court for trial. Court orders that The Southwest ¼ of the Northwest ¼ of Section 15 and Also 20 acres out of the Northeast corner of the Southeast ¼ of Section 16. The same being the North ½ of the Northeast ¼ of the Southeast ¼ of Range 14 East be sold. Sale to be published in the DeKalb County Herald. Page 425 Commissioners Deed Sold to Joseph H and Sarah Saylor for $3,940.

Order Book 38

May Term 1903, Page 561

Palmerton, Farley et al

King, Calvin et al

   

Ditch Petition. Remonstrators King and Seldenwright appear by their attorney. And ask the court to dismiss the appeal.

Order Book 38

December Term 1902, Page 271, 291, 333, 339, 345, March Term 1903, Page 367, 404, 433 May Term 1903, Page 527

Parks, Henry R.

Wabash Railroad Co.

   

Damages Attorney appears for the defendant. Page 291 Case continued. Page 333 case continued. Page 339 Examination of the Plaintiff ordered published. Page 345 13 additional questions. Page 367 Case is continued. Page 404 case continues. Page 432 Plaintiff files his bill of exceptions. Page 527 Court trial finds for the Plaintiff and assess the damages at $1500.

Order Book 38

October Term 1902, Page 199, May Term 1903, Page 453, 477, 486, 531

Pence, Kary

Vandaughten, J. S.

   

Damages. Plaintiff to file an additional appeal bond. Page 453 Case continued. Page 477 Defendant asks court to open the issues in the cause and files a demurr. Page 486 Case continued. Page 531 Cause is dismissed by the Plaintiff.

Order Book 38

May Term 1902, Page 41, 42

Pepple, Anna J. et al

Rockwell, Joel E. et al

Other Plaintiffs: George F. Pepple, William H. Pepple. Other Defendants: Daniel Rockwell, William Rockwell, and the unknown heirs of Joel, Daniel and William, Stephen Rockwell, John Handy Rockwell and his unknown heirs, Nancy Rockwell and her unknown heirs, Mary E. Espy, Loretta Moore.

 

Quiet Title. Notice of Case published in the Garrett Clipper. Court determines that the Plaintiff is the owner of the South ½ of the Northwest ¼ of Section 23 in Township 34 North of range 13 East.

Order Book 38

December Term 1902, Page 306, March Term 1903, Page 372, 382

Perrine, Van B. et al

Hillyer, Charles F. et al

Other Plaintiff: John W. Dills Other Defendants Elizabeth Dawson, Ronald Dawson and Elizabeth Dawson as guardian of Hadjie Dawson.

John W. Baxter was appointed as guardian ad litem for Hadjie Dawson an infant.

Quiet Title to correct Deed. Page 372 All defendants except Ronald Dawson, Elizabeth Dawson and Elizabeth Dawson are three times called and in default. Page 382 The mortgage executed by Walter and Annie Able to Charles Mortimer Dawson on September 4, 1871 (found in Mortgage Record Book 8, page 31) is fully paid. The description of the lands is corrected.

Order Book 38

October Term 1902, Page 213, 261, March Term 1903, Page 372, 377, 384, May Term 1903, Page 558

Peterson, Karl D.

Hamilton, James M.

   

Slander. Amended complaint filed. Attorney appears for the defendant. Page 372 Defendant ruled to answer by Monday March 9th, 1903. Page 377 Case continued. Page 384 Cause is set for trial the third Monday of the next term. Page 558 Plaintiffdismissed thecase.

Order Book 38

Vacation After March Term, 1903, Page 446, 447, 462

Phelps Brace & Co.

Humphrey, John H.

Other defendant: O. ? Betts

 

On May 14, 1903, before Chas. T. Rogers a justice of the peace for Keyser Township, this cause was heard. The Plaintiff is an organized corporation under the Laws of the State of Michigan. Defendant owes $91. for goods and merchandise sold to him. There follows the steps in this judgment. Court finds for the plaintiff. Page 462 Attorneys appear for defendants.

Order Book 38

December Term 1902, Page 307

Phillips, Charles G.

Smurr, Perry

   

Before David W. Steward, a Justice of he Peace for Wilmington Township came Charles Phillips by his attorney Dan. D. Deihl and claims defendant owes $5.35. Exhibit A shows that a note was signed Sept. 8, 1894 by P. Smurr promising to pay Mary A. Kehrer $5.04 Pay to the order of Charles G. Phillps, Mary A. Kehrer per Frank Kehrer .There follows a record of writs and executions

Order Book 38

October Term 1902, Page 179

Plano Manufacturing Co.

Sharp, Peter et al

Other defendant: George Sanders

 

On Contract Cause dismissed by the Plaintiff.

Order Book 38

May Term 1902 Page 28, 29, 46, 50, 111, 112, 115, 117, 119, 120, 121, 122

Port Huron Engine & Thresher Co.

Metcalf, Andrew

 

Case 6514 is pages 28, 46, 50, 111, 115, 117, 121; Case 6526 is page 29, 119, Case 6527 is page 29, 120, Case 6528 is case 29, 120

To foreclose mortgage Three cases 6526, 6527 and 6528. All are continued. Page 46 (Case 6514) Case continued. Page 50 Case 6514 continued. Page 111 Case goes to Court for trial. Page 115 Case continued. Page 117 Case continued. Page 119 (Case 6526) Court finds for the Plaintiff. Plaintiff is the owner of 1 sorrel colt, bald faced 2 years old, 1 wagon with 3 inch tires made in Leo, Indiana, 1 set of buggy harness, 1 double harness and 1 26 inch buggy saw frames and shaft. Page 120 (Case 6527) court finds for the Plaintiff and is to recover 1 Nichols & Shephard Thresher (Case 6528) Court finds for the Plaintiff and is recover 2 horses, light gray, seven years old and 1400 lbs in weight, ((Case 6514 Page 121) To foreclose mortgage (Plaintiff) to recover $819.09 and mortgage foreclosed one equipment and animals. (description included)

Order Book 38

March Term 1903, Pages 434, 435, 436

Powers, Arthur

Flagg, Azariah, C. et al

Other Defendants: Wife of Azariah C. Flagg and unknowns heirs, Franklin S. Alls, Charles K. Hawks his wife and unknown heirs. Edwin Fosdick and Elizabeth Fosdick

 

Quiet Title and release of mortgage. Notice in the Garrett Herald to notify all defendants except Edwin and Elizabeth Fosdick. All defendants except Edwin and Elizabeth Fosdick are in default. Court finds for the Plaintiff that he is owner of Lot 155 in the original town of Butler. It is further adjudged that the mortgage executed by the Logansport & Northern Indiana Railroad to Azariah Flagg on June 5, 1854 and duly recorded in Mortgage Book 2, page 256; and on September 4, 1889 Sylvina Steward to Franklin S. Baals and recorded in Mortgage Record 26, Page 288 and also on January 1, 1866 By the Toledo ___ Logansport and Northern Indian R. R. Co to Charles K. Hawks. And mortgage of February 14, 1880 by John and S. E. Hazlett to Edward W. Fosdick have been fully paid.

Order Book 38

May Term 1903, Page 541

Price, Mary L.

Price, Charles W.

Other Plaintiff: Robert Price Other defendant Grace B. Price

 

Quiet Title. Infancy of the defendants the court appoints C. M. Phillips as guardian ad litem. The court rules that Mary L. Price is the owner of Lot 91 in Frothingham and others re-survey of the original plot of the Town of Waterloo. Commissioner’s Deed transferring the land to her is recorded. Court rules defendants do to have any right to the land.

Order Book 38

March Term 1903, Page 399, May Term 1903, Page 468, 473, 506, 559

Proctor, Edward

Proctor, John B.

   

Quiet Title. Attorney appears for the defendant. Page 468 Attorney appears for John B. Proctor. Page 473 Plaintiff to file the abstract of his title. Page 506 Case continued. Page 559 Case continued.

Order Book 38

October Term 1902, Page 249, 250

Putt, Rosa

Putt, Edward

Other Defendant: Baltimore and Ohio Railroad Co.

 

Defendant Putt is three times called and is in default. Court finds for the Plaintiff and she is entitled to recover $100 from defendant Putt. The Baltimore and Ohio R. R. Co to pay the plaintiff $10.45 which is due the said Defendant Putt from the R. R.

Order Book 38

March Term 1903, Page 416

Rakestraw, George et al

Lilly, Wesley, et al

Other Plaintiff: Elverta Rakestraw, Other Defendants: Other defendants Unknown heirs of Wesley Lilly, Mary Ann Lilly and unknown heirs, John D. Phoenix and unknown heirs, Francis M. Babcock, and unknown heirs, John Babcock and unknown heirs, Alice C. Babcock ad unknown heirs.

 

To quiet Title to Real Estate and to declare a mortgage satisfied. Notice published in the Auburn Dispatch. Defendants are in default. Land: The Southwest ¼ of the Northeast ¼ of Section 34 in Township 34 North, Range 13 East. Mortgage executed on October 12th, 1853 by William Clark to John D. Phoenix, Francis M. Babcock and John Babcock and recorded in Mortgage Book 2 Page 166 (found in the Recorder’s office) has been fully paid.

Order Book 38

October Term 1902, Page 258, 280, 311

Ray, Emma

Baltimore & Ohio R.R. Co.

   

On Contract. Page 280 Affidavit filed for the Defendant to produce certain papers and books for the trial. Court sustains the motion. Page 311 All depositions on file are ordered to be published.

Order Book 38

October Term 1902, Page 183, 213, 275 March Term 1903, Page 372

Reasoner, Alice B. et al

Baker, Willie,

Other defendants: Ora Baker

 

Partition Defendant files a general denial. Page 213 Plaintiff dismisses the case. Page 275 To set aside deed. Attorney appears for the defendant. Page 372 Case continued.

Order Book 38

March Term 1903, Page 377, 384, 389, 418, 420, 421, 436, 437, 438, 439

Reasoner, Alice et al

Baker, Ephriam W.

 

Stephen’s wife died in 1894. He had been a blacksmith and a farmer. Had a daughter Ella C. Hull (whose husband was Joseph Hull) Son Daniel J. Baker in St. Joe. Daughter Alice Reasoner. His medical problems are in some detail. One would need a copy of these pages to see the entire picture of the places where Stephen lived and the problems involved.

To set aside deed. (Case 6717) Plaintiff allowed to file additional demur. Page 384 Case continued. Page 389 Case continued. Page 418 Cause is submitted to the Court for trial. Page 420 Deposition ordered published. Page 421 Court takes case under advisement. -Page 436- 439 Special Findings. Ephraim W. Baker and the Plaintiffs are the children and sole heirs of Stephan C. Baker and defendant Ann Baker is the wife of Ephraim W. Baker. There is too much detail to place on the Web. But see previous column for some details.

Order Book 38

May Term 1903 Page 457, 475, 506, 578

Red Sand Beach Park Ass’n

Case, William et al

Other Defendant Julia M. Case

 

For possession and to quite title. Defendants motion for a change of Venue. Page 475 Court sustains change of Venue to Superior Court of Allen County, Indiana. Page 506 Plaintiff and defendant agree that judgment maybe entered for the Plaintiff. Plaintiff is owner of the Southwest ¼ of the Southeast ¼ of Section 3, Township 37 North, Range 13 East in Steuben County Indiana and the west ½ of the Southeast ¼ o Section 3 Township 37 North Range 13 East in Steuben County, including any land in the South ½ of the said section lying east of lake James and West of the last above describe tract. Page 578 Defendants file a separate petition to set aside the judgment redered.

Order Book 38

October Term 1902, Page 213, 275, March Term 1903, Page 369, May Term 1903, Page 453, 483, 559

Reeves, Hattie et al

Fralick, Phillip

Other defendant: Guy Cannon

Case 6709 pages 213, 483, Case 6704 Pages 213, 275, 369, 483, 559

Attorney appears for all the defendants except Guy Cannon Page 275 . Case continued. Page 369 Guy Cannon in default. Page 453 Defendants Fralick, Fralick, Marea and Crosier by their attorney. Page 483 has Harry Reeves as Plaintiff. Court finds for the defendant. Page 559 Cause is dismissed by the Plaintiff.

Order Book 38

May Term 1903, Page 536

Reinoehl, Frank

McCullough, Arthur

   

Damages Attorney appears for defendant.

Order Book 38

May Term 1903, Page 572

Richards, Abigal

Richards, Alexander M.

   

Unsoundness of mind. Abigal Richards appointed guardian of the defendant.

Order Book 38

October Term 1902, Page 182, 193, 197, 202, 302, May Term 1903, Page 460

Rickel, Willis D.

Husselman, Calvin

   

Suit on Contract. Case continued. Page 193 Attorney appears for the defendant. Page 197 Case continued. Page 202 Attorney files a general denial for defendant. Page 302 Deposition of S. C. Snyder is ordered published by the Court. Page 460 Continued to the October Term 1903.

Order Book 38

May Term 1902, Page 163

Robert H. Jenks Lumber Co.

Lewis, Abner

Other Defendant: Alice Lewis

 

On Note. Defendant in default. Plaintiff to recover $260.56.

Order Book 38

Vacation after October Term. 1902, Page 266, 273

Roby, Frank

Robbins, Albert C. et al

Other Defendants: The Greenler Co, Charles McClellan

 

Plaintiff dismisses the cause. Page 273. The plaintiff dismisses cause.

Order Book 38

March Term 1903, Page 398

Rodenbaugh, John

Quinn, Thomas

   

Plaintiff to submit to an examination at the Law office of H. W. Mountz, Garrett, Indian Saturday March 28, 1903. Defendant is requested to do the same.

Order Book 38

October Term 1902, Page 245

Rogers, Charles T.

Rogers, Harris

   

To declare of unsound mind. Court rules the need of a guardian.

Order Book 38

October Term 1902, Page 174, 175

Rogers, Harris,

Rogers, Sabie (Sarah)

Other Plaintiff: Paulina Rogers, Other Defendant: Irma Rogers Sarah Rogers is guardian of

 

Mortgage is foreclosed all of the homestead farm of the grantors situated in the Northwest ¼ of section 4, Township 33, of Range 12 East, except Island House No 1 and ½ acre of land on which Island House no 1 is situated. Same is to be clear of contemplate extension of Keyser Street in City of Garrett… Plaintiff to take nothing and the foreclosure entered in favor of the defendant.

Order Book 38

May Term 1902, Page 83, 148

Rohm, Lewis E.

Husselman, Calvin

   

Criminal Conversation Attorneys appear for both parties Page 148 Plaintiff dismisses the case.

Order Book 38

March Term 1903, Page 381

Rohrabaugh, William H.

Soule, Darwin et al

Other Defendants: Lewis A. Hendry, Mrs. Chole Hendry and John D. Amstuts.

 

On note and to foreclose Mortgage. By agreement between the parties, cause is dismissed.

Order Book 38

October Term 1902, Page 176

Rose, J. E.

Austin, Lettie

Other Plaintiff J. H. Rose

 

A/c full payment has been received except costs of the cause.

Order Book 38

May Term 1902, Page 41, May Term 1903, Page 452, 473, 475

Ross, R. H.

Woodward, Robert

   

Mechanics Lien. Attorney appears for the defendant. Page 452 Attorney appears for defendant. Page 473 Case continued. Page 475 Court finds for the Plaintiff and he is due $5.62 from the Defendant. Also that the mortgage on Lot 11 in Thomas addition to Altoona, DeKalb County, as well as the building house recently moved and erect be sold.

Order book 38

May Term 1902, Page 98, 99, 106

Ross, Robert H.

Croser, James,

Other Defendant WM. Marea

Jury Members Isaac Diehl, M. K. Houlton, W. D. Boyle, Thomas Myers, L. D. Nelson, John Rudolph, Henry Rohm, Frank Bolander, c. H. Gill, James Sibert and Emmanuel Myser.

Replevin. Goes to trial by Jury. Jury finds for the defendant and Defendant files for a new jury.(?) Page 106 The defendants request for a new trial is overruled by the Court and it is ordered by the Court that the plaintiff return to the defendant the two dark 2-year old horse colts. Defendant to recover from the plaintiff all costs of this action.

Order Book 38

December Term 1902, Page 271, 276, 285, 290, 329, 343

Saylor, Mary

Lackey, Lucinda et al

Other Defendants: Madison Lackey, Orrin P. Saylor, Katie Saylor, William H. Saylor, Minnie Saylor, Calvin Saylor, Mint Saylor, Susan Stafford, Samuel Stafford, Catharine Ricket, Thomas Ricket, Lige Saylor, Fannie Saylor, Joseph Saylor, Sarah Saylor, Ann Baker, and Willis Baker

William Saylor is deceased, wife is Mary (Plaintiff). Daughter is Lucinda Lackey who is married to Madison Lackey. The land in question is: The Southeast ¼ of the Northwest ¼ of Section 27, Township 34, Range 14 East, containing 40 acres.

Quiet Title. Attorney appears for defendants except Lucinda and Madison Lackey. Page 276 Lucinda and Madison Lackey are served notice and are in default. Page 285 Case continued. Page 290 Lucinda and Madison Lackey file a demur. Page 329 Case is continued. Page 343 Special findings filed as requested by certain defendants. There are 5 findings recorded. Court finds that the Plaintiff is not entitled to have her title quieted against the defendants except Lucinda and Madison Lackey.

Order Book 38

May Term 1903, Page 507

Schaab, Eliza

Shutt, Elmer

Other Plaintiff Andrew Murphy

 

Before Cyrus C. Walters, a Justice of the peace of union Township Re the amount of $15.56 due Schaab and Murphy.. Details of collection are included.

Order Book 38

October Term 1902, Page 233

Schaab, William H. et al

Ocker, Belle M.

   

No details. See Hawkins.

Order Book 38

December Term 1902, Page 279, 319

Schoeneman, J. et al

Yesbera, George Henry

   

On Account. Attorney appears for the defendant. Page 319 Cause is settled by parties and dismissed.

Order Book 38

March Term 1903, Page 370

Scott, Adella

Baltimore and Ohio R. R. Co.

   

Cause is dismissed by the plaintiff the same having been settled by the parties.

Order book 38

December Term 1902, Page 331

Searfoss,

Charles

Bleeks, George E.

   

Writ of Habeas Corpus. Writ of Mittmius. Court trial finds for the Plaintiff and that he should be released from custody, at once.

Order Book 38

May Term 1902, Page 44, 57, 95 and 96

Seiler, Frank P

Shipe, Curtice E.

   

On Note. Page 57 case continued. Pages 95, 96 Plaintiff is to recover from Defendant $103.

Order Book 38

October Term 1902, Page 179, 202, 219, 290, 320 March Term 1903, Page 369, 379, 421, 430, May Term 1903, 460, 461, 471, 472, 473, 474, 475, 477, 479, 480, 481, 482, 531

Shaffer, Elizabeth

City of Garrett

 

In the interrogatories by the Jury for the Defendant. 1 date is September 30, 1901. 2. Randolph Street for two blocks north of the railroad was newly bricked. and a wooden sidewalk.. Plaintiff was a resident of the City of Detroit and was visiting her son and daughter in law. Plaintiff had relatives in Jackson, MI.

Damages Attorney appears for the defendant. Page 202 Case continued. Page 219 Motion filed for Plaintiff to file a bond. Page 290 Plaintiff files a bond with the U. S. Fidelity and Guaranty Co. Page 320 Plaintiff to appear for a physical examination before Dr. J. F. Thompson at the City of Detroit, Michigan on Friday, January 30, 1903 in the presence of Plaintiff physician and a lady friend of the Plaintiff. Page 369 Examination ordered taken at the Plaintiff’s home at 223 Park Street, Detroit, MI. Page 379 Case continued. Page 421 Cause is set for hearing Tuesday the 3rd of May Term 1903. Page 430 Court sustains motion to publish all depositions and examinations. Page 460, 461 Honorable Owen N. Heaton of the Superior Court, Allen County appointed as judge in this trial. Page 471, 472, 473 motions for suppressing parts of dispositions. Page 472 Caroline Fowler, Nesia Curry, Caroline Kelsey, Mrs. Minnie Sellers, Mrs. Elizabeth Huyser, Dr. Henry Obetz, and Dr. H. O. Walker. motion is sustained to suppress parts of the above depositions. Page 474 Submitted to Jury for trial. Page 475 case continued. Page 479 Case continued. Page 480 Verdict by the Jury: They find for the defendant. Page 480-482. There are 91 interrogatories requested by the Defendant. Page 531 Seduction, Breach of Promise, etc. Plaintiff requests a change of Venue. Changed to Steuben Co.

Order Book 38

October Term 1902, Page 191, March Term 1903, Page 384

Shaffer, Martin

Baltimore & Ohio R. R. Co

   

Account. Attorney appears for the defendant. Page 384 Plaintiff dismisses the case. Page 477 Jurors and parties appear for instructions. Jury allowed to separate until the next day.

Order Book 38

May Term 1902, Pages 36, 44 45, 51, 75, 76

Shaffer, Norman

Shaffer, Nancy J. et al

Other Defendant: Ralph Waldo Shaffer. Cedelia E. Shaffer, Alda V. Abel,

Notice published I the Auburn Courier

Infancy of Ralph Waldo Shaffer J.E. Pomeroy is appointed guardian ad litem

Partition. Page 44 and 45 Defendants assent to the partition. Property is undividable without damage to the real estate. Charles E. Emmanuel is appointed as Commissioner to sell the property. Page 51 Value of property rated for $1,000. Property: The East ½ of the West ½ of the Northeast ¼ of Section 21 in Township 33 North of range 13 East. Real Estate sold to George R and Alda V. Abel $1100. Deed of Conveyance issued.

Order Book 38

March Term 1903, Page 371, 402, 403, 406, 411, 418, 419, 430, 431

Shank, Rebecca

Holdbrook, Margarett E. et al

Margaret E. Holdbrook guardian of Anna Kellhan, a person of unsound mind, George Stonestreet, John Stonestreet Guardian and Trustee of George Stonestreet, a person of unsound mind, Ida Stonestreet.

 

Partition. Page 402 Case continued. Page 403 Case continued. Page 406 The Plaintiff files a motion for appointment of committee to act for George Stonestreet and Anna Kellam non compos. Page 411 Willis Rhoads files an answer of non compos for defendants Anna Kellam and George Stonestreet. Court trial finds that the parties are tenants in common of 1/5 part of the lands Lots 1 and 12 in the Original Plat of the village of Cedar Creek (note this is where the Cedar Creek Church of the Brethren in Butler Township is located today) Lots 13, 14, 15, 16 and 18 in Stonestreet addition to the village of Cedar Creek. (And the description goes on in more detail). Commissioners assigned to make Partition. Page 418, 419 Commissioners make partition. Land assigned and described to Rebecca Shank, Anna Kelham, Margaret E. Holbrook, Ida Stonestreet, George Stonestreet Page 430, 431 The Partition by Commissioners is set and firm.

Order Book 38

March Term 1903, Page 373

Shank, Rebecca

Stonestreet, George

 

Note there is a Will for a David Stonestreet in the DeKalb County Will Book 2 & 3 pages 132, 134. There is a marriage for Rebecca Stonestreet (age 20, parents David and Rebecca (Smith) Stonestreet to an Urias Shirck? (Age 24, parents John and Anna (Schoupp) Shirck? They were married September 25, 1887. There are letters of Administration filed for A Rebecca Stonestreet in 1902.

Alleging unsoundness of mind. It appears that the defendant cannot come or be brought into the court without danger to his life, or health, on account of his physical and mental disability. Court rules that a guardian should be appointed.

Order Book 38

May Term 1902, Page 82, 84, 91, 92, 95, 191

Sharitt, Emma B.

Sawvel, Reuben

 

Jury members: George King, m. K. Houlton, Cyrus Olinger, Emmanuel Myser, Thomas Meyers, J. D. Nelson, John Rudolph, Henry Rohm, Frank Bolander, Alva Perry, C. H. Gill and James Sibert.

To recover money paid on void order. Page 84 Goes to trial by Jury. Page 91 Sent to Jury for trial. Page 92 Continued. Page 95 Jury finds for the defendant. Plaintiff files for a new trial. Page 191 Court overrules for a new trial.

Order Book 38

May Term 1903, Page 456

Sherwood, Lizzie

Civil Township of Grant et al

   

Damages Attorney appears for the defendant.

Order Book 38

December Term 1902, Page 316, 352

Shoner, George

Day, James

   

Petition for release on bond. Clerk is ordered to issue notice to the Sheriff for defendant to appear on January 30, 1903. Page 352 Since the filing of this petition James C. Day has resigned the Office of Treasurer for the Town of Waterloo. It is ordered that the costs accrued be taxed to the said James C. Day.

Order Book 38

October Term 1902, Page 259

Showalter, Edwin

Cheney, Ella

Other Defendants: James W. Scoville, Charles F. Scoville, Carnelia A. Ball, Leo S. Ball, George W. Twitchell, Clyde Twitchell, Cora Jeffery, Carrie Lewis, Bertha Keiss, Margaret Cummings, Geather DeVilbuss, Della DeVillbuss, Helen Baxter, Ottmar V. Baxter, Naomi Parks and Rilla Duncan

The mortgage executed by John Blaker to Samuel Scoville on December 18, 1868 recorded in Mortgage record #6, Pages 357 and 358 has been fully paid.

Quiet Title and to cancel mortgage. Notice filed in the Butler Record to James W. Scoville, Cornelia A. Ball, Leo S. Ball, Cora Jeffery, Bertha Keiss, Helen Baxter, Ottmar V. Baxter and Rilla Duncan. Other Defendants notified by Sheriff. Each of the defendants is in default. Charles M. Brown appointed as guardian ad Litem for Leo S. Ball, an infant. Court rules for Plaintiff that he is the owner of Lot 225 in Egnew’s addition to the Town of Butler.

Order Book 38

May Term 1902, Page 129, 130

Showers, Gilbert M.

Scattergood, Fred et al

Other Defendant: Ed. Rice

 

Defendants in default. Court trial and they find for the Plaintiff. Who is to recover $67 and all costs.

Order Book 38

May Term 1903, Page 455, 509

Shull, Eli W.

Rugman, Charles

   

Trespass. Defendant files a general denial. Page 509 Frank M. Powers appointed special judge.

Order Book 38

Adjournment in May Term 1902, Page 152, 153, 159, 171, 187, 188

Shull, Henry C.

Gordon, George W.

Other defendants Charles Spake

 

Request for a receiver. Isaac M. Zent is appointed receiver of Gordon & Spake Co. To continue the newspaper and job printing plant which is now conducted by the above firm. Page 159 Case continued Page 171 Case continued. Page 187 Court finds for the Plaintiff and he is entitled to recover from defendants $1,235.74 plus and additional $109.13 from Charles Spake. The mortgage of defendants to be foreclosed on 1 Potter Cylinder, newspaper press, 1 holds Armory job printing press, 1 Chandler & Price job printing press, 1 two horse power gas engine, 1 Paragon Paper Cutter, 1 Reliance Paper Cutter, 3 type cabinets, 5 composing stones, 5 composing stands, 2 heating stoves and all paper cutting machines, mailing machines, chase forms, type, type cases, office furniture, stock, stock cases, slugs, gods, desk chairs, stools, paper, staples, staple fastener and all other articles, stock, goods, furniture, machinery and appliances now belonging to or forming a part of the newspaper and job printing plant under the firm name of Gordon & Spake. Isaac M. Zent is Receiver of property.

Order Book 38

May Term 1903, Page 493

Shull. H. C.

Hollister, Sherman

   

On note. Court trial finds for the Plaintiff. Defendant owes him $410.63

Order Book 38

May Term 1903, Page 458, 459

Shultz, Shannon W.

 

S. Shultz is guardian of Joseph Showalter non-compos

 

Seeks authority to convey land for Right of Way to the Toledo & Chicago Interurban Railway Co. Joseph Showalter owns 1/3 interest in the strip of land:

Order Book 38

March Term 1903, Page 393, 398

Shurtz, Philetus A.

Kline, Theodore

   

Injunction. A temporary restraining order ordered. Defendant is restrained from constructing the ditch now in course of construction on the North ½ of the Northeast ¼ Section 19, Township 33, North Range 14 East. Or from in any manner casting the water falling or flowing upon said real estate Temporary Injunction is set for hearing Monday 23rd of March 1903. Page 398 Court trial rules that the defendant is perpetually enjoined and restrained from constructing the ditch.

Order Book 38

March Term 1903, Page 392

Shutt, Laura A. Admix

Shilling, William

   

On judgment. Case is settled by parties and dismissed.

Order Book 38

May Term 1902, Page 32, 103, 104, 105, 112, 157, 158, October Term 1902 Page 191, December Term 1902 Page 309

Shutt, Lenora et al

Shutt, John et al

Other defendants Slyva Furnish, Andrew Shutt, Marion Shutt, Melvin Weldon, Shutt, Elmer Shutt, Carrie Keesler and Bertha Shutt and Calvin H. Shutt.

Page 103-105 The plaintiffs and defendants are owners of The South 1/3 part of the East ½ of the Northeast ¼ of Section 34 in Township 33 North of Range 14 East Mary Ann Watters and Elizabeth Davis and the defendants John Shutt and Lewis C. Shut are owners of 1/6 part thereof. That the plaintiff Lenora Shutt and the Defendants Calvin H. Shutt (Bert Shutt), George Shutt and Victor Shutt are owners of 1/18 part and Scudder E. Shut and Sylva Furnish, Andrew Shutt, Marion Shutt, Melvin Weldon Shutt, Carrie Kessler, Elmer Shutt and Bertha Shut are owners of 1/72 and Sylvia Furnish, Andrew Shutt, Marion Shutt, Melvin Weldon Shutt, Carrie Kessler, Elmer Shutt and Bertha Shutt are the owners of the North 2/3 part of the said East ½ of the Northeast ¼ of said section 34, Township and range aforesaid. (and it continues through the rest of the parties for the above section. To go for Commissioners Sale.

Partition Page 103-105 Notice in the Auburn Courier to notify Lewis C. Shut, Bert Shutt, George Shutt and Victor Shutt. They are in default. The infancy of Melvin Weldon Shutt and Bertha Shutt D.D. Moody was sworn in as guardian ad litem. The plaintiff and defendants are tenants in common of two tracts of real estate. Neither of the tracts can be divided by partition. Calvin H Shutt is called Bert Shutt and they are one and the same person. Page 112 Property appraised and notice of Public Sale published in the Auburn Courier. Page 157, 158 Land sold to William and Elizabeth J. Davis and a Commissioner’s deed is issued. Dated August 4,1902 Page 191 Commissioner discharged. Page 309 Final report filed. Disbursement made to George W. Shutt, Victor Shutt, Marion Shutt, Sylvia E. Furnish, Andrew Shutt, Lenora Shutt for Melvin Weldon, Lenora Shutt, John Shutt, Calvin H. Shutt, Mary Ann Waters, Elmer Shutt, Carrie Keesler, Lenora Shutt for Bertha, Scudder R. Shutt, Elizabeth J. Davis. Address of Lewis C. Shutt’s residence and whereabouts are not known.

Order Book 38

May Term 1902, Page 40

Smith, Henry

Strouse, Rolando

   

Injunction. Cause is dismissed.

Order Book 38

May Term 1903, Page 456, 462

Smith, Thomas

Wabash R. R. Co.

   

Damages Attorneys appear for the defendant. Page 462 Plaintiff files a cost bond.

Order Book 38

May Term 1902, Page 122, 156, 171, October Term 1902, Page 185, 197, 202, 243 December Term 1902, Page 289, 328, 329, 331. 335, 352, 353, March Term 1903, Page 366

Speer, Isaac et al

Cotrill, Mary E. et al

Other Plaintiff: Phoebe Speer. Other Defendant: Myrtle Cotrill, Robert Grant Cotrill and Charles Speer, William Speer, Emma Speer, John Speer, Cora Speer, Della Grambling and Frank Grambling.

Land: The Eat ½ of the Northwest ¼ of Section 25 and the West ½ of the West ½ of the Northeast ¼ of Section 25 all in Township 34, North Range 13 East containing 125 acres o land

The court rules that Myrtle Cotrill, Robert Grant Cotrill, William Speer, John Speer, Cora Speer, Della Grambling, Frank Grambling and Emma Speer to take nothing. Isaac Speer, Phoebe E. Speer and Mary E. Cottrill the title be quieted forever. Full details can be found on page 352, 353.

Partition. Non-residence of Mary C. Cotrill, Myrtle Cotrill and Robert Grant Cotrill Defendants to be notified. Page 156 Amended Complaint making William Speer, Emma Speer, Cora Speer, Della Grambling and Frank Grambling defendants. Page 171 Attorney appears for Mary E, Myrtle and Robert Grant Cotrill. Page 185 Attorney appears for defendants William Speer, Emma Speer, John Speer, Cora Speer, Della Grambling and Frank Grambling. Deposition of Jane L. Speer and the examination of Isaac Speer to be published. Page 197 Case continued. Page 202 Defendants Emma, John and Cora Speer, Defendants Della and Frank Grambling and William Speer appear to answer the complaint in. general denial. Page 243 case continued until next term of the Court. Page 289 Attorney appears fro the defendants Myrtle and Robert Grant Cotrill. Page 328, 329 Deposition of Charles O. Speer and Isaac Speer ordered published. Cross complaints are filed and cause goes to Jury for trial. Page 331 Plaintiff dismisses the case against Charles O. Speer. Jury permitted to separate until next day. Page 335 Jury verdict land is divisible. Page 352, 353 se previous column. Page 366 Report of the Commissioners with the partition to all individuals.

Order Book 38

May Term 1903, Page 535

Speer, Robert

Upson, Jessie et al

   

Quiet Title Plaintiff dismisses the cause

Order Book 38

May Term 1902, Page 48, October Term 1902, Page 191, 203, 273, 283

Spokesman Pub. Co.

Yesbera-Richey Carriage Co.

   

On contract. Bond filed for the costs. Page 191 Defendant ruled to answer. Page 203 Defendant ruled (no details).Page 273 Rose & Rose enter their appearance for the defendant. Page 283 case continued.

Order Book 38

October Term 1902, Page 172

Squires, Alzina

Busang, George Et al

   

Note: Cause is settled by the parties and dismissed.

Order Book 38

May Term 1903, Page 566, 568

Squires, Ann

Squires, Newton S. et al

Other Defendants Christine Squires

 

Injunction and to declare a lien. Plaintiff prays for a restraining order on the defendants; that they are each restrained from in any manner selling, assigning, disposing of o rincumbering a Certificate of deposit, issued June 18, 1903 by the City National Bank Auburn to George Rinehold for $1025. and the Bank is restrained from paying or money represented to said Squires, etc. Restraining order will be heard on August 17, 1903. Page 568 Court sustains motion.

Order Book 38

October Term 1902, Page 198, 214, 215, 216, 244, 245

Squires, Francis Mary

Truit, Joseph

   

On Account. Case continued. Page 214 Goes to Jury trial and the jury finds for the plaintiff $45. Page 215, 216. interrogations: Question 1. Plaintiff’s mother-in-law died Sept. 15, 1901. There are 11 questions and answers on pages 215, 216 relating to the above Mother-in-law etc. Page 244, 245 $30 due the Plaintiff.

Order Book 38

December Term 1902, Page 312

Squires, Newton A.

Gochnaur, Orville, et al

Other defendants Amos Beaty

 

Note Defendants have been duly served. Cause goes for court judgment and Court finds for the Plaintiff and is to recover $45.

Order Book 38

October Term 1902, Page 209, 228, December Term 1902 264, 275, 340, March Term 1903, Page 367, 372, 384, 403, 499, 500, 522, 523, 524, 525, 528, 530, 532, 533, 534, 535, 537, 538, 539, 541, 546, 547, 549, 550, 551, 553, 554, 555, 556, 577

Stamets, Zenith, et al

Michener, Benjamin et al

Zenith Stamets, William Stamets, Frank Stamets and Clara Feagler. Files objections to the probating of the last Will of Ann Maria Stamets. Other defendant: Sina Michener

Page 577 Affidavits mentioned (no details) of E. B. Dunten, Harley Palmerton, James E. Rose, P. V. Hoffman, C. S. Smith, William D. Maranville, Alice Lautzenhiser,

Objecting to probating Will. Clerk ordered to issue a citation to the Sheriff for the defendants. Page 264 Case continued. Page 275 Case continued. Page 340 Examination to be published. Page 367 Examination ordered published. Page 372 Defendants ordered to answer by Monday March 16, 1903. Page 384 Case continued. Page 403 The parties agree by counsel for the case to go to trial Monday June 8, 1903. Page 499, 500 honorable William M. Brown appointed judge to try the case. Page 522 Goes to Jury for trial. Page 523 Further evidence is heard. Page 524 Case continued. Page 525 Jurors hear further evidence and case continued until next day. Page 528 further evidence heard, continues until next day. Page 530. Before Honorable William M. Brown.. Case is continued until the next day. Page 532 Further evidence is heard, case continued until the net day. Page 533 Further evidence is heard. Continued until Monday, July 20, 1903 Page 534 Further evidence is heard. Page 535 Still hearing further evidence. Page 537 case continued. Page 538 Case continued. Page 539 case continued. Page 541 Page 541 Case deferred until Wednesday Morning at nine a.m. Page 546 Cause is resumed and continued. Page 537 Cause is resumed and continued. Page 549 Cause is continued and not completed. Page 550, 551 Evidence not completed. Page 553 Further evidence is heard. Page 554 Case continued. Page 555 Evidence concluded and counsel present arguments. Page 556 Jury Verdict: We, the jury find for the defendants as to the issued formed upon the Plaintiff’s complaint. The alleged Will and contract is the last Will and Testament of Ann Maria Stamets and she was of sound mind and they were duly signed. And execute.d

Order Book 38

October Term 1902, Page 220, 241, 319, March Term 1903, Page 367, 372, 414, 511, 512, 545

State of Indiana ex rel Adam Beree

Seely, William Trustee of Newville School Township

 

Special findings. Defendant has been trustee since election for the year 1900. District is No. 2 is in good condition. Is made of brick. Common school has been maintained since the year 1887 until April 1902. In April 1902 trustee abandoned said school and transferred the pupils to District No. 1 because the average attendance was on 11 scholars. and there were not enough funds to conduct and maintain said school with the other schools in the district. The following were the children of school age: Mrs. Ayres 5 of which 4 wee under the age of 14, Aaron Beer, 3 all of which were under the age of 14, Enzor five, three of which were under the age of 14; McGinnis 2 one of which was the age of 10 and the other 15; Delong one aged 15; Richards 1 aged 15, Huntington 2, one aged 8 and the other 15, Headley 2, one of which was 14 and the other 16; Wine land 2 under the age of 14; And that all of said pupils were then entitled to attend school and all under the age of 14 were required and compelled to attend school under the school law of the State of India unless excused on account of sickness. More than 2/3 of voters in the district petitioned for the school to be reopened. Defendant refused. There follows a distance of miles from the school #1 of the children in #2 district. Conveyance was furnished for children to attend the school.

Petition Alternate writ is ordered. Page 241 case continued. Page 319 Case continued. Page 367 Case continued. Page 372 Case continued. Page 414 Court takes the cause under advisement. Page 511, 512 Before Frank M. Powers, Special Judge. 12 Special findings are recorded. Conclusions that the law is with the defendant, that the peremptory writ of mandate be refused, that the defendant recovers his costs. Plaintiff prays for an appeal to the Supreme Court grants request. Page 545 Vincent Fisher and Henry McGinnis are sureties for Plaintiff bond.

Order Book 38

May Term 1902, Page 159, 162, October Term 1902, Page 182, 247

State of Indiana ex rel Frank L. Welsheimer, Prosecuting Attorney of the 35th Judicial Circuit.

Beck, Joseph

   

Information in Quo Warrant. Page 162 Case continued. Page 182 Plaintiff files a general denial. Page 247 Cause is dismissed by Prosecuting Attorney

Order Book 38

May Term 1902, Page 158, 171, October Term 1902, Page 184, 192, 297, May Term 1903, Page 504, 505, 573

State of Indiana ex rel Garrett Lumber Co.

Hill, Julius et al

Other defendants Hulda Hill and John J. Stoehr, William Barker, Pual F. Kinnard, Francis H. Mountz, William Schudell, Sumner K. Randall,

 

On contract to set aside deed. Defendants are in default. Page 171 Attorney appears for Henry Shultess. Page 184 Attorney files for defendant Wm. H. Barker and for the complaint to be more specific. Page 192 default in May term set aside for the defendant. The cases for Julius Hill and Hulda Hill are separate. Page 297 Plaintiff dismisses the cause as to City of Garret, Bernard Hunsell, Thomas Eppert and Henry Shultess. Page 504, 505 Hon. E. A. Bratton appointed special judge. Page 532 Plaintiff shows that reasonable provision has been made by the defendant herein for her support and the support of her child. Case is dismissed by the Plaintiff. Page 573 Plaintiff to recover $1,042.79 from defendants Hill, Barker, Kinnard, Mountz, Schudell and Randall. Defendant Hill files for a new trial.

Order Book 38

December Term 1902, Page 279, 305, 306, 308, 309, 310, 311, 318

State of Indiana ex rel Georgia A. Nelson

Hilkey, E. Martin et al

   

For false imprisonment. Attorney appears for the defendant. Page 305 Defendants file a demur. Page 306 Case goes to jury trial. Page 308 Cause is continued and the counsel and jurors hear further evidence. Page 309 Jurors allowed separating until January 12, 1903. Page 310 Jury retires to their room. Page 311 Jury finds for the Plaintiff and awarded damages in $50. Page 318. Verification of award of $50.

Order Book 38

October Term 1902, Page 177, 209, 210, 239

State of Indiana ex rel Maude Oberlin

Livergood, Alvin et al

Other defendant Joseph Livergood

 

Attorney appears for the defendant by way of plea in abatement. Page 209 Case continued. Page 210 Submitted to Court for trial. Page 239 Case left off the Docket until all costs in the answer of Abatement are fully paid.

Order Book 38

May Term 1902, Page 69, 74, 80, 116, 236

State of Indiana ex rel of James Wilcox

Baxter, John et al

Other names mentioned: Frank A. Brink and E. B. Dunten, George Rowe, Timothy J. Knisely, And the Board of Trustees of the Town of Butler.

 

Court orders and alternate writ of mandate against defendant. Page 74 Copy of writ issued. Page 80 Board of Trustees of the Town of Butler appear Page 116 L. J. Knisely, President of the Board of Trustees of Butler, In. Defendant ordered to answer the original alias writ. Page 236 Plaintiff dismisses the cause.

Order Book 38

May Term 1903, Page 522, 560

State of Indiana ex rel Riley Monroe et al

Everett, Joseph W. et al

Other Defendants: Board of Commissioners, Robert C. Plat and Jacob Slentz.

 

Damages. Attorney appears for defendant. Page 560 Attorneys appear for the other defendants.

Order Book 38

May Term 1903, Page 559

State of Indiana ex rel to Minnie Wiseman

Hartford, William

   

Bastardy Ordered left off the docket book.

Order Book 38

May Term 1903, Page 457, 469, 562

Steffin, Frank

Fee, Warren

   

Replevin. Demurs and general denial filed by the defendant. Page 469 Jury Trial. Verdict they find for the Plaintiff and is to have possession of property in value of $50. Page 562 Verdict of the Jury plaintiff to have possession of 1 single top buggy made by the Kiblinger Co.

Order Book 38

May Term 1902, Page 33, March Term 1903 Page 386, 389, 392, 394, 395, 397

Stringer, Charlie H.

Wheelock, Kent K.

   

Damages Attorneys appear for Plaintiff and Defendant. Page 386 Goes to Jury Trial. All depositions on file are ordered published. Jury to separate until the next day. Page 389 Jury hears more evidence. Again Jury is separated until the next day. Page 392 Jurors and parties appear in open court. Are permitted to separate until the next day. Page 394 Deposition of Doctor J. F. Barhill has been heard. Dr. B. Alexander Randall gave a deposition. Jurors permitted to separate until the next day. Page 395 Jury retires to their room. Pages 397 Jury fails to agree and are discharged.

Order Book 38

March Term 1903, Page 368

Summit Carriage Co.

Yesbera-Richey Co.

   

Account. Attorney appears for the defendant.

Order Book 38

May Term 1902, Page 29, December Term 289, 324, 326

Swank, Irvin O.

Moses, Julia et al

   

Defendants files a demur Page 289 Conversion of personal property. Case continued. Page 324 Affidavit for change of venue. Page 326. Defendant files for a change of venue.. Changed to Noble County.

Order Book 38

October Term 1902, Page 224, 256, December Term 1902, Page 338, March Term 1903 Page 377, 440, May Term 1903, Page 454

Swineford, Susan

Rossington, Charles H

Other Defendant Mary Wilson

Case 6803, pages 338, 377. 440, 454.

For Possession of property and for damages. Attorney appears for defendant. Page 256 Defendant files for a change of venue. Changed to Whitley Circuit Court, Whitley County. Page 338 Attorney appears for the defendants. Page 377 Case continues. Page 440 Plaintiff dismisses this cause as to her. Page 454 Mary Wilson dismisses the case as to her cross-complaint.

Order Book 38

May Term, 1903, Page 536

Taylor & Boggis Foundry Co.

Kesler, William F.

   

Account. Attorney appears for the defendant.

Order Book 38

May Term 1902, Page 64

Teeters, Josiah C.

Lake Shore & Michigan Southern R. R. Co.

   

Damages an Affidavit filed for a change of Venue. Changed to Whitley Co. IN.

Order Book 38

October Term 1902, Page 227

Teeters, Samuel S. et al

Swank, Irwin O. et al

Other Plaintiff: Andrew J. Little

 

To account and to foreclose Mechanics Lien. Plaintiff dismisses case.

Order Book 38

December Term 1902, Page 279, 331

Temple, J. S.

Yesbera, George H.

   

On account. Attorney appears for the defendant. Page 331 Cause is settled by parties and dismissed.

Order Book 38

October Term 1902, Page 182, 226

Teutsch, Peter

Veeley, John C. et al

Other defendants: John C. Veeley, Hattie Peters, Rosa Norris, Con Veeley, J. Nelson Williams, Ella Eldon, John Smith, Sarah Smith, John L. Norton, Conrad Lillie and Sylvester Williams and the unknown heirs of William Smith, Sarah Smith the unknown heirs of Conrad Lillie and the unknown heirs of John L. Norton

 

To release lien and to Quiet Title. Notice of action published in the Auburn Dispatch. Page 226 Defendants are in default. Case goes to Court for trial. And that the mortgage given by J. W. Palmerton to John Nelson on Feb. 7, 1852 found in Mortgage Record 2, Page 81 in Recorder’s office has been fully paid. Plaintiff is owner of the East ½ of the Southwest ¼ of Section 23 in Township 35 North of Range 14 East, also the West ½ of the Southeast ¼ of Section 23 in Township 35 North of Range 14 East.

Order Book 38

May Term 1902, Page 31, 33, 39, 50, 118, October Term 1902, Page 176, 231, 232, 289, December Term 1902, Page 355, March Term 1903, Page 377, 423, 426, 427, 428, 429

Teutsch, Peter et al

Teutsch, Christian et al

Other defendants: Almira A. Teutsch May Tomlinson, Thomas H. Tomlinson, and Detie Tomlinson

Teutsch DeForest DeWitt and Louisa DeWitt

 

 

Case 6543 Pages 39, 50, 176, 231, 232, 289, 355, 377, 423, 426, 427, 428

Infancy of Detie Tomlinson and Charles M. Brown is appointed guardian ad litem Page 232 demurs filed by defendants. Sarah Olds, Eugene Teutsch, George E. Teutsch, Gertrude Davis, Charles Davis, Mary Tomlinson, and Thomas H. Tomlinson file demur. Peter Teutsch, Sarah Olds, Eugene Teutsch, George E. Teutsch, Gertrude Davis, Charles Davis, Mary Tomlinson and Thomas H. Tomlinson accepts the rule of the Court. Will Sarah olds is a daughter of Michael Teutsch, grandchildren Eugenia Teutsch, Ed Teutsch, Gertie Teutsch, children of George Teusch, deceased. Son Christ Teutsch, daughter Mary Tomlinson, son peter Teutsch.

Pages 32, 33 and 118 Notes and Mortgages on Case 6557. Partition. Page 50 no details. Page 118 Plaintiff dismisses the case. Case has been settled between the parties. Page 176 Clerk ordered to issue a summons for defendants Mary Tomlinson, Thomas H. Tomlinson and Detie Tomlinson to answer cross-complaint of Christian Teutsch. Page 231 Christian Teutsch files an affidavit for a change venue from the regular judge. William m. Brown is appointed special judge by Judge E. D. Hartman. Page 289 Case continued. Page 355 Demur of Tomlinson put aside. Page 377 Before Honorable William M. Brown, Special Judge Charles M. Brown guardian ad litem for Detie Tomlinson files a demur. Page 423 Cause is committed to Court for trial. Page 426-427 Michael Teutsch died March 14, 1900 Copy of will included. There follows 16 Statements (Gertie Teutsch is aka Gertie Davis) that explains the steps taken in the suit. Page 428, 429 is the conclusion of the suit and Plaintiffs to take nothing and cross-complainant Christian Teutsch is entitled to have his title quieted as against all of the Plaintiffs and against his co-defendants Mary Tomlinson, Thomas H. Tomlinson and Detite Tomlinson. The complete judgment of the court is recorded on these pages.

Order Book 38

Vacation after the October Term 1902, Page 266, 276

Thieme, John et al

Lindeman, Harry et al

Other Defendant: Baltimore and Ohio R. R. Co.

 

Plaintiff dismisses the cause and asks for judgment on such dismissal. Page 276 proceedings supplemental to execution. The Plaintiff dismisses cause.

Order Book 38

May Term 1902, Page 154, October Term 1902, Page 186, 213, 273, 283, 284, 448

Thomas, Ella

McClaren, John A.

Other Defendant Maggie Bowers, Alfred J. Thomas, ? Yocum

 

Quiet Title. Attorney appears for defendants. Page 186 Motion for the Plaintiff to make the complaint more specific. Page 213 Court overrules the motion for Plaintiff to make complaint more specific. Page 273 Cross-complaint filed. Page 283 , 284 cross complaints and denials filed. Page 448 Plaintiff files additional info.

Order Book 38

December Term 1902, Page 299

Thomas, William S.

McKinley, Adam et al

Other Defendant: Isaac Miller

 

Plaintiff asks for order why Isaac Miller does not pay $50 due. Isaac Miller to appear in court January 7, 1903.

Order Book 38

March Term 1903, Page 408, May Term 1903, Page 461, 465, 468, 479, 486, 501

Thompson, Electa L.

Rogers, Solomon, etal

Wife of Solomon Rogers, True Wiesely and his wife and heirs, Edwin Hawley and wife, Marilla Rogers, George Rogers, Catherine Clingman, Jonathan Haverstock, Marion Haverstock, Anderson Haverstock and Mary Sattison.

 

Quiet Title, Solomon Rogers and his wife, True Wisely and wife and unknown hers, Edwin Hawley are non residents of the State of Indiana. Notice to be published in the DeKalb County Herald. Page 461 Marilla Rogers, George Rogers and Catherine Clingman ask to be defendants as they are heirs of Solomon Rogers deceased. Page 465 Case continued. Page 468 Case continued. Page 479 Notice of action published in the DeKalb County Herald. Page 486 Alias summons to be issued for Jonathan Haverstock, Marion Haverstock, Anderson Haverstock, Mary Sattison, Malissa Kelley ad Martha Sattison. Page 501 Notice published in the DeKalb County Herald and attorney appears for certain defendants.

Order Book 38

December Term 1902, Page 277

Tonnesen, Sabina

Stiles, Frank

Other Plaintiff, Iven Tonnesen

 

On Account. The Plaintiff dismisses cause.

Order Book 38

May Term 1902, Page 164, 251

Town School of Waterloo

Zerkle, Elkiah

Other Defendants: Joseph Beck, Marion D. Smith

 

For Injunction. A temporary injunction be sustained in part as to defendant Smith being employed to teach and he is hereby enjoined from teaching in said Waterloo High School and the other defendants are enjoined from employing said Smith. Until he has and produces a high school license form the property authority. Page 251 Cause dismissed by the Plaintiff.

Order Book 38

May Term 1902, Page 159, 163

Townsend, Willis C.

Lochner, John C.

Other Defendant K. Darley Lochner

 

Foreclosure of Lien. Attorney appears for the defendants. Page 163 Plaintiff dismissed the cause.

Order Book 38

December Term 1902, Page 310, March Term 1903, Page 368, 400, 401

Treesh, Charles P.

Treesh, William D.

Other Defendant Joel Treesh, William D. Treesh, Matilda Phillips, Caroline Rufner, Henry Treesh, Sarah Steckley, Daniel Treesh,

 

Partition of Real Estate. Non-residency of William D. Treesh and Matilda Phillips. Notice published for above residents. Page 368 Defendant Joel Treesh files a cross-complaint. Page 400, 401 Court finds that the Plaintiff is owner of the undivided ½ of the land described and Joe Treesh is owner of the undivided 4/10 of said land and that the defendant Matilda Philips is the owner of the undivided 1/10 of said land that the other named defendants have no right, title or interest. Plaintiff is entitled to a partition a prayed on the West ½ of the Northeast ¼ the Southeast ¼ of the Northwest ¼ and the South ¼ of the Northeast ¼ of the Northwest ¼ al in Section 16, Township 34 North and Range 12 East. Included is the Commissioners report on the Partition.

Order Book 38

May Term 1902, Page 34, Page 71, October Term 1902, Page 192

Truit, Joseph

Squires, Francis Mary et al

Other Defendants John H. Hathaway as Sheriff of DeKalb County, IN

 

To se aside default. Attorney appears for defendant. Page 71 Case continued. Page 192 Court rules that plaintiff to have and recover of and from the defendant Francis Mary Squire all costs and all the costs of the original action.

Order Book 38

May Term 1902, Pages 40, 64, May Term 1903 Page 567, 569

Turner, I. N.

Hines, Francis M.

   

Damages for Tort. Attorney appears for defendant. Page 64 Defendant files a demur. Page 567 Charles W. Watkins appointed Special Judge in this cause. Page 569 Case continued.

Order Book 38

May Term 1902, Page 79, 155, 171, October Term 1902, Page 185, 193, 197, 242, 243

Urbani, Louisa J. Adminx

Shoner, Charles

Plaintiff is Administrix of the Estate of Joseph Urbani

 

Plaintiff to file a bond and attorney appears for the defendant. Page 155 Bond for cost is filed by Plaintiff’s Attorney Page 171 Defendant files answer. Page 185 Case continued. Page 193 case continued. Page 197 Case continued. Page 243 case dismissed by the Plaintiff.

Order Book 38

December Term 1902, Page 279

VanFleit, Ed, Trustee

Groscup, Fred

   

Demand $200. The plaintiff dismisses cause.

Order Book 38

December Term 1902, Page 279

VanFleit, Ed. Trustee

Hill, Hulda

   

To set aside fraudulent conveyance. The Plaintiff dismisses cause.

Order Book 38

May Term 1902, Page 31

Vanlear, Louis

Baltimore &Ohio R. R. Co.

   

Damages Plaintiff dismisses the appeal of the cause from the Justice of the Peace.

Order Book 38

December Term 1902 Page 303, 316, March Term 1903 Page 365, May Term 1903, Page 465

Vaughn, Hosea

Lake Shore & Michigan Southern R.R. Co.

   

Damages. Attorney appears for the defense. Page 316 Defendant attorneys file an amended complaint. Page 365 Case continued. Page 465 Interrogations continue.

Order Book 38

May Term 1902 Page 77 See also Order Book 37

Voss, Charles

Waterloo Water Co.

Other Plaintiffs Norris Williamson, Frank Zevier, Samuel Kennedy, T. J. Carpenter, Other Defendants: E. F. Yarnelle, Charles H. Worden, Charles L. Olds, The Town of Waterloo, Alonzo Lower, Ellsworth Montavon, Daniel L. Lease, James Blanchard, George Huber, C. L. Olds Construction Co.

 

Papers filed to be used on Appeal to the Supreme Court.

Order Book 38

May Term 1902, Page 62, 79, October Term 1902, Page 186, See next case.

Walker, J. M.

Ammon, John W. et al

Other defendant: Wilson Swihart

 

Attorney appears for the defendant, Page 79 Plaintiff to file for another bond Page 186 Bond filed by Plaintiff.

Order Book 38

October Term 1902, Page 227, 250, 253, 254. 255, 258, December Term 1902, Page 286, 287

See also previous case

Walker, J. M.

Swihart, Wilson

   

Goes to Jury trial. On account of the absence and sickness of a material witness the case is postponed until Friday November 7, 1902. Page 250 Jury permitted to separate until next day. Page 253 Questions asked Did defendant Wilson Swihart before this suit exercise dominion and control over the goods of Walker. Answer yes. Question 2 Did the attorney for Swihart exercise dominion and control of the goods of Walker prior to the suit. Answer Yes by aid of the law. Jury finds for Walker. And assess his damages at $100. Pages 254, 255 There are 42 questions and answers on interrogations of the Jury. Page 258 Defendant files for a new trial. Pages 286, 287 New trial denied and the Plaintiff is to recover the goods in controversy and otherwise takes nothing from this action.

Order Book 38

December Term 1902, Page 271, May Term 1903, Page 459

Walter, Caroline, admix.

Wabash Railroad Co.

   

Damages Attorney appears for the defendant. Page 459 Case continued.

Order Book 38

March Term 1903, Page 382

Walter, Cyrus C. Administrator of Catharine Wagner, Estate

Wagner, Michael et al

Other Defendant: Martin Wagner

 

There follows monies due the plaintiff from In one place it mentions that Michael Wagner is a surviving husband of the Plaintiff decedent.

Order Book 38

March Term 1903, Page 370, May Term 1903, Page 455, 479

Walter, Harry B.

Dirrim, William et al

Other defendant: Jasper H. Hart

 

For Breach of Contract. Attorney appears for the defendant. Page 455 Case continued. Page 479 Cause is dismissed against defendant Jasper H. Hart.

Order Book 38

March Term 1903, Page 368, 414

Weaver, Herbert D.

Rapp, Earl

Other Defendant: Baltimore and O. R. R. Co.

 

Supplemental to Execution. Attorneys appear for the defendant. Page 414 Case is dismissed by Plaintiff.

Order Book 38

October Term 1902, Page 181, 219, 227, 236, 239 December Term 1902, Page 354

Webb, Edgar E.

Funk, Henry et al

Other defendant Anna M. Funk, Frederick Funk (Note: This group of Funks came in the 1870’s or 1880’s from Germany and at the present not known to be part of Jacob Funk or William Funk family)

 

Attorneys appear for the defendants. Page 219 Defendants ruled to answer Page 227 Case continued. Page 236 Complaint is amended. Page 239 Cause is submitted to the Court for trial. Page 354 Court finds for the Plaintiff who is to recover $45.51 fro Henry Funk. The line is to be foreclosed on Lot 194 in the Original Plat of the City of Auburn, as well as, the dwelling house recently erected on the West ½ of Lot 194.

Order Book 38

May Term 1902 Page 34, 124

Wenrick, James

Swartz, Melvin

Other Defendant: Catharine Swartz

 

Ejectment and quiet Title Attorney appears for defendant Page 124 Plaintiff dismisses the case. Case has been settled between the parties.

Order Book 38

December Term 1902, Page 311, March Term 1903, Page 411, 412, 433, 440, May Tem 1903, Page 454

Whetsel, Henry et al

Baxter, John H.

Other Plaintiff: Julia Whetsel.

 

On Contract Attorney appears for defendant. Page 411 To goes to Trial by Jury and Jurors are allowed to separate until the next morning. Page 412 Verdict. Jury finds for the plaintiff and assesses damages at $50. Page 433 Confirmation of judgment. Page 440 Defendant files for a new trial. Page 453 Court overrules for a new trial.

Order Book 38

October Term 1902, Page 183

White, Edwin

Smith, John (whose true name is unknown)

   

Replevin. The Plaintiff dismisses cause.

Order Book 38

May Term 1903, Page 506

White, Sarah

White, Hannah

   

Clerk to issues a summons for the defendant.

Order Book 38

May Term 1903, Page 571

Wickwire, Geary N. et al

Seiler,Frank P.

   

On Notes Attorney appears for the defendant.

Order Book 38

March Term 1903, Page 370, 398, May Term 1903, Page 454 , 572, 577

Wilke, Elizabeth

Trempel, Peter

   

Declare Trust Deed and Re-convey R. E. Attorney appears for the defendant. Page 398 Continued. Page 454 Case continued. Page 572 Willis Rhoads appointed Special Judge in this cause. Page 577 Cause is taken under advisement by the Court.

Order Book 38

Vacation Term May 1902, Page 143-147

Willis, Marion B.

Patterson, Thomas

Before Cyrus C. Walter, a Justice of the Peace in and for Union Township May 8,1897

 

Defendant is indebted to the Plaintiff for $23.02 for goods and mdse (Copy of Account is included in this transaction). Defendant is about to removed his property out of State. The United States Express Company has property in its possession in Auburn, belonging to the Thomas Patterson. (1 double barrel shot gun and case)

Order Book 38

May Term 1903, Page 40, 501

Willis, Moses B.

Ulph, Elizabeth et al

Other Defendant John H. Hathaway.

 

Defendant files a demur. Page 501, Injunction and Quiet Title. Plaintiff dismisses the cause.

Order Book 38

May Term 1903, Page 490

Willman, Caroline

Shaffer, Amelia P. and al.

 

Creditor’s Bill. The Plaintiff dismisses cause.

Order Book 38

`May Term 1902, Page 31, 117, 123

Wilmot, Ella Et al

Wilt, Franklin et al

Other Plaintiff: Hayden Wilmot, Other defendant: John H. Hathaway

 

Plaintiff ruled to file a reply. Page 117 Case continued. Page 123 Case goes to trial and the Court finds for the Defendant.

Order Book 38

May Term 1902, Page 41

Wilt, Franklin

Andress, C. M.

   

A/C and Writ of A. Plaintiff orders left of the docket.

Order Book 38

May Term 1903, Page 450. 456, 567

Wimer, John

Pomeroy, James E. Et al

   

Damages. Examination of the Plaintiff ordered published. Page 456 Plaintiff files an amended complaint. Page 567 Charles W. Watkins appointed special judge in this cause.

Order Book 38

October Term 1902, Page 252

Wolfe, Ella

Moneron, Anna

   

Quiet Title. Notice to the Defendant in the Auburn Courier. Defendant is in default. Court rules that Plaintiff is owner of Lot 2 in Rich and Cody’s Addition to the town of Altoona.

Order Book 38

October Term 1902, Page 249, March Term 1903, Page 413, 417

Wood, John et al

Young, George A. et al

Other Plaintiffs Seth and Reuben Wood and Josephine Porter, Other Defendant C. Lautzenhiser

 

To Contest Will. Motion for a new trial. Page 413 Court takes under advisement re a new trial. Page 417 Plaintiff files an appeal to the Supreme Court of Indiana.

Order Book 38

May Term 1902, Page 53, 54

Yarde, David

Treesh, Ida et al

Other Defendant Josiah Treesh

 

Foreclose Mortgage. Defendant in default. Court finds for the Plaintiff. Plaintiff to recover $875.17. Mortgage on Lot 3 in Block 5 in Thomas Addition to the City of Garrett.

Order Book 38

December Term 1902, Page 355,

Yesbera-Richey Co.

H. Shearer & Co

Other defendant: Frank Ross

 

Replevin. The court finds for the defendant and the Plaintiff to take nothing from this action. Defendant to have possession of 1 lot buggy tire and iron, 1 lot of wheels, 1 lot of axels with wood, dressed; 1 lot of springs, 1 lot of buggy bows, 1 lot of buggy material. The value of $500. Page 356

Order Book 38

May Term 1903, Page 452, 460, 525

Younce?, Edward

Tommeson, Sabrina et al

Other defendant: Iver Tommeson

 

For Conversion. Defendants withdraw motion. Defendants file general denial. Page 525 Cause is dismissed by Plaintiff.

Order Book 38

May Term 1903, Page 577

Zimmerman, Sylvester J.

McFalrnad Gilbert et al

Other Defendant: Anhauser Bush Brewing Association, Phil J. Lockwood, John C. Summers, Margaret Goetschius, Robert S. McClellan, J. Andrew Dancer, and Jessie Dancer.

 

To Quiet Title. –Non-residency of the defendants. Notice is published in the Auburn Dispatch.

Order Book 38

May Term 1903, Page 456, 485

Zimmerman, Tallied

Moore, Delila et al

Other Defendant Lee Moore

 

Disaffirm Deed. Attorney appears for the defendants. Page 485 Cause is dismissed by Plaintiff.

Order Book 38

`May Term 1903, Page 519

Zweibricker, Fritz

Froelick, Phillip

   

Attorney appears for the defendant.