The DeKalb County, Indiana GenWeb Project - Complaints & Partitions

THE DeKALB COUNTY, INDIANA GENWEB PROJECT

Complaints and Partitions
Circuit Court Book 44

Many pages are not included in this research, as the names of individuals are missing because of the fire of 1913. Our apologies for names that may be misspelled as old handwriting is difficult to decipher.
Copies of these documents maybe obtained from the DeKalb County Clerk’s office if an Order book or Microfilm is referenced. If the Recorders Office is referenced, the document may be found in the DeKalb County Recorder’s Office. Where there are Quiet Titles, the Defendants were one-time landowners and the complaint is generally to clear the title to the land. When it is a Partition, it is usually to settle an estate and sell the land. All records pertaining to land and mortgages will be found in the Recorder’s Office, DeKalb County Court House, Main Street, Auburn, IN. 46706. Cost is $1.00 per sheet.
If a newspaper is referenced, a copy can be obtained from the Willennar Genealogy Center. For assistance please email Lynn Kaiser - lkaiser@epl.lib.in.us. If ordering by mail, be sure to send a SASE business envelope. Court records cost is $1.00 per page.

CIVIL RECORD	DATE	PLAINTIFF	DEFENDANT	OTHERS	COURT INFORMATION
Auburn Courier	April 14, 1910	Abel, Ross	Milliman, John		The Case entitled Ross Abel vs. John Milliman, ejectment proceedings, the trial of which was schedule in the court of Justice of he Peace, A. P. Green, was settled out of court, costs paid by the defendant and the matter dismissed. It is understood that the defendant after the filing of the action showed a disposition to removed from the farm and adjust the indebtedness.
Order Book 44	March Term 1910 Page 403, May Term 1910 Page 549	Abel, Ross Abel, Rosa?	Williamson, Jane et al		Case 8779 Quiet Title. Page 404 Case continued. Page 549 Goes to Court trial and defendants in default. Court finds for the Plaintiff. (calls plaintiff "she") In Recorder’s Office Deed Book 79 Page 410 there is a copy of decree for Ross Abel vs. James Williams et al It was decreed that Ross Abel is the owner of the Southwest corner of Section 19 Township 33 North of Range 15 East, etc. containing 53 acres more or less. Defendants William Donley, wife Mary and all descendants have no right to the land. Mortgage executed by Henry William to William Donley and recorded in Mortgage Record Book 8 Page 477 has been fully paid.
Order Book 44	March Term 1910 Page 404 May Term 1910 Page 545	Abel, Walter	Donley, William et al		Case 8778 Quiet of Title. Defendant three times notified via newspaper and is in default. Court finds for the Plaintiff that he is owner of the Real Estate described in the complaint. In Recorder’s Office Deed Book 79 Page 411, 412 is the Copy of this decree. Walter Abel is the owner of the East ½ of the East ½ of the Southeast ¼ of Section 24 Township 33 North of Range 14 East. Containing 40 acres more or less. William and Mary Donley, Mary C. Moody and John Moody, John C. Byron and Sarah Byron, Benjamin R. Willett and Grace Willett, Henry and Elizabeth Willett and all the descendants have not legal right to the land. Mortgage executed April 3, 1873 by Henry William to William Donley and recorded in Record 8 Page 477 has been paid. Mortgage executed January 30, 1874 by William Richmond to Bryon Willett and Company a partnership compound of the following: John C. Bryon, Benjamin R. Willett and Henry Willett and recorded I Mortgage Record 10 Page 101 has been fully satisfied.
Order Book 44 Auburn Courier Order Book 44	December Term 1909 Page 145 October 25, 1909 March Term 1910 Page 342 May Term 1910 Page 503, 504	Allman, Nelson R.	Bridinger, Harry etal	Other Defendants Margaret Bridinger The Real Estate and Improvement Co of Baltimore City.	Case 8641 Real Estate and Improvement of Baltimore City files a cross-complaint. The plaintiff demanding judgment in the sum of $375, also the foreclosure of a certain lien. Foreclosure of Mortgage Case 8641 Plaintiff files an amended complaint. Part of document destroyed by 1913 fire. Other defendants Swisher Cigar Co, Charles Abel, Church ? Co, Harry F. Mollering, Robert Millard, George Hurni, Berdan & Co. , Charles W. Chapman, ? G. Spangler, The Christ Deihl Brewing Co, William ? Gilbert E. Bursley, Steinberg and Steinberg ? Page 503, 504 The court finds upon the cross-complaint of the Real Estate Co against all dependents in the amount of $1,921.55 There is due the Plaintiff Nelson R Allman $379.98 and is secured by a Mechanics Lien by Harry Bridinger.
Order Book 44 Auburn Courier	October Term 1909 Page 88, March Term 1910 Page 324, May Term 1910 Page 492, 493 June 2, 1910	American Seeding Machinery Co.	Krabill, Henry W.		Case 8432 Account on Contract. Case 8433 For Conversion. Page 324 Contract. Case continued Page 492, 493 Court rules Plaintiff is to recover $221.88 from the defendant. Paper States: In the case of the American Seeding Machine company vs. Henry W. Krabill, the matter was submitted to the court for trial, and judgment in the amount of $221.84 was rendered in favor of the plaintiff.
Order Book 44	March Term 1910 Page 322, 335	American Steel Vault Co.	Hinklin, Howard A		On account. Howard A. Hinklin three times called and is in default. Page 335 Court trial finds for the plaintiff that he is entitled to recover $60 from the defendant.
Order Book 44	December Term 1909 Page 187, 208, March Term 1910 Page 322, 342, 353, 423-426	Anthony, Milton E.	Rohrbaugh, Sarah Ann	Other Defendants: Sarah E. Rohrbaugh, Jon J. Duncan administrator of the state of Thomas Rohrbaugh, deceased, Rubin G. ?, William H. Rohrbaugh	Case 8685 Quiet Title. Notice to the Sheriff of Allen Co for John M. Rohrbaugh and Hilton Rohrbaugh. Page 208 Defendant files written motion that plaintiff be required to furnish abstract of Title of Land. Page 322 Case continued. Page 342 Sarah Ann Rohrbaugh, Wm. H. Rohrbaugh and Sarah E. Rohrbaugh filed a cross complaint against the Plaintiff. Page 353 Summons upon the defendants John M. Rohrabaugh, Helen R. Rohrabaugh, William H. Rohrbaugh, Sarah E. Rohrabaugh, ? Daniels and John J. Duncan Administrator of the Estate of Thomas Rohrabaugh. Pages 423-426 Again most of document destroyed by 1913 fire. In Recorder’s Office Deed Book 79 Page 533 there is a Commissioner’s Deed for the case entitled John J. Duncan, Administrator vs. Sara Ann Rohrbaugh et al. Also See Deed Book 81, Page 317. Case No 8685
Auburn Courier	January 20, 1910	Auker, Melvin etal	Husselman, Levi	Other Plaintiff: Albert A. Kranrer	The case was filed in circuit court today in which the plaintiffs seek to secure judgment in the amount of #187 for professional services. The plaintiffs are physicians and they have filed an itemized account with their complaint.
Order Book 44	October Term 1909 Page 20, 21	Baker, John et al	Chicago Interurban Railway Col	Other Plaintiff: Susie Baker	Case 8148 for Specific performance Court finds for the Plaintiff and they are to recover $200 from the defendant.
Order Book 44	October Term 1909 Page 21	Baldwin, Henry J.	Sheline, Lillian		Case 8328 On Note. Court finds for the Plaintiff. He is to recover from defendant $200 and all costs.
Order Book 44	October Term 1909 Page 40, 41, December Term 1909 Page 154	Baltz, George T	Kugler, August		Case 8638 for a receiver. Plaintiff files for a receiver for the firm Baltz & Kugler growing out of & connected with the tenancy Augustus Kugler on the farm of George F. Baltz. Charles Borst is appointed receiver. Page 41 Attorney appears with defendant. Page 154 Cause is dismissed.
Order Book 44	May Term 1910 Page 461	Baltz, William et al	Brandt, Daniel et al	Other Plaintiffs: Benjamin Baltz, John Baltz, George Baltz,	Case 8816 Notice filed of non-residents of defendants Quiet Title
Order Book 44	December Term 1909 Page 240 and carried to Page 242	Barva, Henry et al	Hanna, Samuel et al	Other Plaintiff: Etta Barva	Quiet Title. Plaintiff is the owner of ten acres off of the east ? the Northeast ¼ of the Southeast ¼ of Section 8 in Township 34 North of Range 14 East.
Order Book 44	December Term 1909 Page 201, 202	Benninghoff, Amelia	Young, Josiah et al	Other Defendants: Mary Young, wife of Josiah, Stephen Kneer and wife Ann, Elias Scranton and wife Euphernia, Joseph Hart and wife Elizabeth, Dayton Moore and wife, Jonathon Morehead and Nancy his wife, Smith Bassett and wife, and all the heirs of the above persons.	Case 8657 Quiet Title. Notice to all non-residents published in the Auburn Dispatch Nov. 18, 1909, etc. Defendants are in default. Court finds for the Plaintiff that they are owners of the Northeast ¼ of Section 5, Township 33 North Range 15 East. In Recorder’s Office Deed Book 79 page 235 is the Copy of Decreed for this transaction Non-residents were Josiah Young, Mary Young, wife of Josiah, Stephen Kneer, Ann Kneer wife of Stephen, Stephen Kneer, Ann Kneeen, Elias Scranton, Ephemera Scranton wife of Elias, Joseph Hart, His wife Elizabeth, Drayton Moore and wife, Jonathon Morehead and wife Nancy, Smith Bassett and wife Hulda and the children and descendants of the above.
Order Book 44	May Term 1910 Page 553	Beve, Adrian	Beve, Henry et al		Quiet Title. Plaintiff files affidavit of non-residence of all defendants except George A and Lydia Miller. Summons issued for George A and Lydia Miller. This could be the same case as in Miscellaneous H Book 192. The case is Adron Beree vs. Henry Beree, May Beree, Henry, May, Mander, Mandis, Jane, Henry Jr, and Berry etc. Newspaper publication was the Auburn Courier on the 20^th, 27 of June 1910. PLEASE NOTE DIFERENCE IN SPELLING OF SURNAMES.
Order Book 44	October Term 1909 Page 15, 25, December Term 1909 Page 223	Blomeke, Mary	Baker, Davis A.		On Account Case 8597 Case 25 Case continued. Page 223 Case is settled and dismissed. Plaintiff to recover of the defendant all costs of this action.
Order Book 44	December Term 1909 Page 174	Bonbrake, Clara E etal	Umbifiel, Abner et al		Quiet Title.
Order Book 44	May Term 1910 Page 445	Bookmiller, Charles V.	Wabash R. R. Co.		Case 8786 Damage.
Order Book 44	March Term 1910 Page 317, 386, 400	Boots, Matilda	Boots, James A. et al	Other defendants: Rufus Boots, Sarah J. Booths, Amanda S. Booths, Myrtle Kines	Partition Most of original entry destroyed by 1913 fire. Page 386 Cause is dismissed at Plaintiff’s costs. Page 400 John T. Boots, Irene M. Baltz and Myrtle Kines have been notified of action, John T. Boots, Irene M. Baltz and Myrtle Kines have been notified by publication in the Auburn Dispatch. Pearl Boots, Clyde Boots, James A. Boots, William Rufus Boots, Amanda Boots and Sarah J. Butler have each been notified by the summons of the Sheriff. Clyde Boots, John Sarah J. Boots, Pearl Boots and Myrtle Kines are in default.
Order Book 44 Auburn Courier	May Term 1910 Page 461 April 14, 1910	Borst, Charles O.	Rice, Levi et al	Other Defendant: Amanda Rice	Case 8783 (index states case as 8761 under Rice and 8763 under Borst) Declaring a nuisance Plaintiff dismisses the case at his cots. Quite an extraordinary case was commenced in the DeKalb circuit court Wednesday in which C. O. Borst, F. A. Borst, Elizabeth Miller, Ruth Kline, Georgia L. Borst are the main plaintiffs. The defendants are Levi F. and Amanda R. Rice, who are charged in the complaint with having owned and maintained an outhouse containing filth which has caused the plaintiffs much annoyance. The stench from the filth has caused conditions in that vicinity to be very unsanitary and has made life miserable for those living in the homes near the outhouse. The plaintiffs ask for the abatement of the nuisance and demand judgment in the sum of $200 for the damage rendered to them by its existence. The matter will be tried in the circuit court and will be fought bitterly by the plaintiffs at least. If half is true that the complaint charges, and we doubt it not, the conditions are very deplorable and some action should be taken immediately to dispense with the menace to public health.
Order Book 44 Auburn Courier	May Term 1910 Page 471 January 13, 1910 January 20, 1910 January 27, 1910 May 26, 1910	Bowman, W. F. and Son	Brumbaugh, J. J.		Case 8712 Cause is settled and dismissed. William F and Chester Bowman, of Waterloo, proprietors of a grocery store at Waterloo, are the plaintiffs in an action brought against Jacob J. Brumbaugh, George Noriot, George L. Esselburn and T. J. Norton, the last three of these gentlemen being bondsmenof Mr. Brumbaugh. The complaints aver that the defendant Brumbaugh entered into a contract with Drainage Commissioner J. Y. W. McClellan for the construction of Aaron D. Moore drain and that he undertook and agreed to construct the drain the defendant by the terms of the contract being bound to pay for all labor, material and board of laborers. A bond of ten thousand dollars was executed and since Brumbaugh has failed to pay a bill of $45.58 owing to the plaintiffs in this action, his bondsmen are being sue. Squire Green has set the trial for Thursday morning at 9 o’clock. The case entitled Bowman and Bowman of Waterloo vs. Jacob Brumbaugh and his bondsmen, which was filed in he court of Squire Green Monday came to trial today after the attorneys for the plaintiffs and defendants argued again the validity of the complaint. The complaint was filed in three paragraphs and Attorneys Pomeroy and Baxter for the defendants took exceptions to tow of the paragraphs. The arguments began this morning and continued until late in the afternoon. Bowman and Bowman are represented by Judge Spake of Waterloo and Attorney Moody of this city. The point in controversy is whether or to the word board as inserted in the bond would include groceries. The bond furnished by Mr. Brumbaugh called for the payment for all martial, labor and board of laborers in the construction of the Moore drain. Mr. Brumbaugh sublet the contract and the man to whom he assigned the task failed to pay a grocery bill amounting to about sixty dollars owed to the plaintiffs in this action. The defendants are striving to prove that the word board could not be construed as meaning a grocery bill contracted by the sub-contractor. The case will not be decided until late this evening or tomorrow. Paper states: Attorneys J. E. Pomeroy and J. Baxter, for Jacob Brumbaugh and his bondsmen, Esselburn, Noriot and Norton, have filed an appeal bond in the amount of $150 in the court of Justice of the Peace A. P. Green for the appeal of the case decided by the squire a few days ago in favor of Bowman and Bowman of Waterloo to the circuit court. The plaintiffs sought payment of a grocery bill accumulating at the time Brumbaugh and the contract to construct the Moore drain. The justice rendered judgment against the defendants in the full amount asked for $48.58. The case will be tried in the circuit court. Another article States: Justice of the Peace A. P. Green by virtue of a decision rendered by him this morning has granted Bowman and Bowman of Waterloo a judgment against Jacob Brumbaugh and his bondsmen Noriot Norton and Esselburn in the amount of $45.58. The case was tried last week and argued Saturday. The point in question was whether or not the word board would be construed as meaning a grocery bill. The plaintiffs have been given judgment for the exact amount they demanded. The defendants will appeal the case to the circuit court, where it will be threshed out again. In the hope of effecting a reversal of the decision of the squire Mr. Green has looked up the law very carefully and has gone over the evidence thoroughly before making the decision. Paper States: By virtue of an agreement entered into this morning by parties interested in the Esselburn and Noirot Vs. S. S. Collins replevin suit the litigation has been dismissed at the cost of the plaintiff’s Courier readers will remember the bitter legal controversies encountered by thee parties over the dredge boat used in the Moore drain. Esselburn and Noirot asked for possession of the boat and Mr. Collins refused to give it until, he said, he was paid the amount due him for the work. A replevin suit was brought and this morning the plaintiffs paid to Collins the sum of ninety dollars and the matter was fully settled, the boat being given into their possession.
Order Book 44 Auburn Courier Order Book 44	October Term 1909 Page 108, 144 November 8, 1909 May Term 1910 Page 444	Boyer, Warren et al	Duncan, John et al	Other defendant James Duncan	Case 8654 Partition of Real Estate non-residencies of defendants. Page 144 Charles D. Kennedy and Charles D. Knisely are made party as defendants. By their attorney D. M. Link, Waterloo, and Adam Boyer and Irene B. Smith have filed an action in the circuit court against John, James, Theodore, George and Frank Duncan et al for the partitions of real estate. Page 444 No-residence of defendants Frank F. Fisk, Mina Holden, Clementine May Bourn, Eva Imhoff, Cyrus Hood, Harold Duncan and Nellie Duncan In Recorder’s Office Deed Book 79 Page 600 and also Deed Book 80 Page 62 there are Commissioner’s Deeds in the matter of Warren Boyer et al vs. John J. Duncan. Refers to Civil Order Book 45 Page 133 in Clerk’s office.
Order Book 44	October Term 1909 Page 41, 74, December Term 1909 Page 169	Boyle, Edward	Hodge, Chester J et al	Other Defendant: Charles H. Jones.	Case 8640 On note and foreclosure of Mortgage. Notice filed in the Auburn Dispatch for non-residency of defendant. Page 74 Case continued. Page 169 Case continued.
Order Book 44 Auburn Courier	March Term 1910, Page 331, 332 February 27, 1910	Breyman, Charles H. et al	Abrams, Louisa B.	Other Plaintiff John B. O’Niel	Case 8739 Sewer Lien Defendant in default. Lien to be foreclosed on Lot 19 in Lingenfelter Addition to the City of Butler for $22. Paper states: A rather unusual occurrence was recorded in the DeKalb courthouse Friday morning when Attorney Brink of Butler filed thirteen cases in which Charles H. Breyman is the plaintiff. Mr. Breyman will be remembered as the man who secured the contract for the construction of the Butler sewer system, the contract price being $47,500. By the terms of the contract the city was to pay the first installment in November 1909, and the complainant avers that this has not been done. He therefore thought his attorney, Mr. Brink has instituted costs against the following Butler property owners who are benefited by the improvement: Philip Oberlin, L. A. Brown, D. N. Brown, Theodore Ogdon, Oliver Oberlin, Cyrus Oberlin, W. D. Morton, Otto Shaw, Sarah A. McNabb, Richard H. Murch, Lafayette Imhoff, F. Jones, Harriett Harris, Louisa B. Abrams, Levi Husselman, John E. Hawkins, J. W. Likens, Earl Deck, Verne Deck, Jefferson Boyle, JohnE. Krontz. The complaint in each case is for the foreclosure of a sewer lien taken by the plaintiff. It is not improbable that an interesting litigation will arise from the complaint.
Order Book 44	March Term 1910 Page 319	Breyman, Charles et al	Boyle, Jefferson N. et al	Other Plaintiff John B. O’nial? Other Defendant: John E. Krontz	Sewer Lien Plaintiff comes and cause is dismissed.
Order Book 44	March Term 1910 Page 315, 319, May Term 1910 Page 479, 480	Breyman, Charles H. et al	Deck, Earl et al	Other plaintiff John B. O’Neil, Other Defendant Vernie Deck and John Sutphen	Case 8741 Sewer lien. Page 319 Case is still 8741 but the defendant is Levi Husselman Also, Page 319 with Earl and Vernie Deck Plaintiff makes John Sutphen a part defendant. Pages 479-480. Court finds that Earl and Vernie Deck have not interest in said R. E. Notice published in the local paper and John Sutphen is in default. Plaintiffs hold a valid lien on Lot #3 in Hellers Addition to the town of Butler and amount due is $9.92., also the 20 feet off the North side of Lot 4 in Hellers Addition to the Town of Butler for the amount of $3.97. Lien to be foreclosed.
Order Book 44	May Term 1910 Page 480, 481	Breyman, Charles H. et al	DeSeal (or Deleal?) A.A.	Other Plaintiff: John B. Oneal	Case 8742 Sewer Lien Notice published in local paper and Defendant in default. Court finds that the Plaintiff holds a valid lien against lot 31 in Lingenfelders addition to the town now City of Butler and they are entitled to foreclose. Amount due is $18.30
Order Book 44	May Term 1910 Page 478, 479	Breyman, Charles et al	Harris, Harriett	Other Plaintiff: John B. Oneal,	Case 8738 Sewer lien Notice published to the defendant in local paper. Defendant in default. Court finds for Plaintiff and that he is entitled to recover $10.57 from the defendant and is entitled to foreclose the lien on Lot #1 in Heller’s Addition to the City of Butler.
Order Book 44	March Term 1910 Page 428	Breyman, Charles et al	Imhoof, Lafayette	Other Plaintiff: John B. O:neal	Foreclose Sewer Line cause is dismissed by plaintiff.
Order Book 44	March Term 1910 Page 318, May Term 1910 Page 477,	Breyman, Charles H et al	Martin, W. O. et al	Other Plaintiff: John B. O’Neal? Other Defendants: Otto J. Shaw	Case 8734 Sewer Lien Page 477 Defendant in default. Court finds Plaintiff is to recover $23.34 against Lot 195 and $23 on Lot 196 in Egnews’ Addition I the City of Butler. The lien on the R. E. should be foreclosed.
Order Book 44	March Term 1910 Page 329, 330	Breyman, Charles H. Et al	McNabb, Sarah A.	Other Plaintiff; John B. O"niel Firm name is Breyman and O’Niel	Sewer Lien Defendant in default. The firm has a lien on the Real Estate described as lot 2 in Hillius Addition to the City of Butler for the sum of $10.45 Lien to be foreclosed.
Order Book 44	March Term 1910, Page 330, 331	Breyman, Charles H. et al	Murch, Richard H.	Other Plaintiff John B. O’Niel	Sewer Lien. Defendant in default. Lien to be foreclosed on Lot 36 in Lingenfetter’s Addition to the City of Butler. Lien in amount of $30.90
Order Book 44	March Term 1910 Page 428	Breyman, Charles H. et al	Oberlin, Kyser et al	Other Plaintiff John B. Oniel Other defendant Oliver O. Oberlin	Sewer Line. Plaintiff dismisses the cause.
Order Book 44	March Term 1910 Page 328, 329	Breyman, Charles H. et al	Oberlin, Philip	Other Plaintiff: John B. O’neal?	Foreclosure Sewer Lien. Defendant in default. Court finds for the Plaintiff that he is due to recover including Attorney fees the sum of $169.84. and is entitled to foreclose the real estate in Egnew’s addition. (part of document destroyed by 1913 fire.
Auburn Courier	April 14, 1910	Brown, John E.	Cramar, Nelson		Attorney’s Link and Atkinson filed a new case in the court of Justice of the Peace A. P. Green today entitled John Brown vs. Nelson Cramar. The plaintiff alleges that in 1904 the defendant sold to him all the potatoes, which had been raised on a tract of land owned by the defendant’s father for which the plaintiff agreed to pay $10. It later developed that the defendant’s father was the owner of two-fifths of the potatoes and the plaintiff was compelled to deliver that amount to him, forty-seven bushes in all. Mr. Brown therefore demands judgment of $18.80 against Cramar, Jr. potatoes at that time being worth forty cents a bushel. The trial will be held in the near future. It is understood that the defendant will fight the case. The case of John E. Brown vs. Nelson Cramar originating over a potato deal, detailed in a former issue of the Courier is set for the twenty-third day of this month at 10 a.m.
Order Book 44	October Term 1909 Page 122, 123	Buchanan, J. Edgar	Chaney, Ben H. et al	Other Defendants: Mary A. Laymon, Frank Wiseman	On Note. Defendants three times called and in default. Court finds for the plaintiff and he is to recover $112. and all costs.
Order Book 44 Auburn Courier	December Term 1909 Page 153, 195 March Term 1910 Page 327 December 13, 1909	Bucila, Joan D Page 195 states James D. Bucilla as defendant	Baltimore and Ohio R. R. Co.		Case 8674 Damages Page 195 Case continued. Page 327 John D. Bucilla Case continued. Joan D .Bucclea is the plaintiff in a proceedings brought against the Baltimore and Ohio Railroad Co in which he seeks to recover the sum of $3,000 for injuries he received while in their company, he charging that in July 1908, his hand was caught in the machinery of a lathe, injuring it so that it was necessary to amputate the greater portion of his hand. It is stated in the complaint that for a number of years the plaintiff conducted an expensive repair shop at Garrett, where machinery, cars and locomotives were repaired, that on June 25, 1909 he entered the employ of the Baltimore and OHIO Company A laborer and subsequent to the strike made by the machinists union, was put to work as a helper about a large lathe. He charges that on account of the negligence of the defendant railroad company, the belts, gears, etc were not guarded as required by law and that is consequence of the fact his hand was caught in the machinery with the above stated results Mr. Buceles has lost the use of his hand and therefore is unable to perform labor of any sort. He was inducted it is alleged to go into the employ of the company. The case will no doubt be hotly contested. See also Order Book 45. and Auburn Paper for July 21, 1910.
Order Book 44 Auburn Courier	December Term 1909 Page 231 January 13, 1910	Buck, Malon A.	Sabeoska, John et al	Other Defendants: Jacob Johnson, Peter Rata Jack	A new case entered of record in the DeKalb Court this morning is entitled Mahlon Buck vs. John Sobraska et al, a suit on a note in which the plaintiff seeks to recover $175. The case was filed by Sharpless and Atkinson of Garrett.
Order Book 44	May Term 1910 Page 451, 452	Budd, Amos	Arthur, William et al		Case 8760 Quiet Title. Notice published in the local paper notifying the non-residents of action. They are in default and the Court rules for the Plaintiff that he is owner of the described r. E. Mortgage executed to Nelson Payne on September 24, 1850 and record in Mortgage Record(In Recorder’s office) No 1 Page 269 has been fully paid (
Order Book 44	May Term 1910 Page 579	Burrell, Arthur et al	Hettenhouser, George C et al	Other Plaintiffs: David B. Morgan doing business under the name of Burrell & Morgan	Account and writ of attachment. Cause is dismissed at Plaintiff’s cost.
Order Book 44	October Term 1909 Page 61	Cable Company	Willis, Marion		On Account. Case is dismissed.
Order Book 44	October Term 1909 Page 35, 36	Caleen, William H. etal	Burns, William et al	Other Plaintiffs Plaintiff receiver for The Caleen Mfg Co. Other Defendants: William Byers and William Armstrong	Case 8604 On Note Defendants are in default. Court finds for the Plaintiff. They are to recover $708.02 from the defendants.
Order Book 44	December Term 1909 Page 239 and carried to page 241.	Campbell, Grace	Fralick, Irene M. et al	Other Defendants: Thomas C. Fralick, Orla I. Campbell, Alice Campbell, ? F. Campbell, Romaine C. Campbell. ? Campbell, Mary Campbell, Cyril L. E. Wilson, Florence Wilson, Romaine O. Campbell of the estate of John A. Campbell, deceased.	Case 7657. Partition of Lot 69 and a strip ten feet wide east and wet off of the east side of lot 68 in Egnews Addition to the City of Butler. Sold to Charles E and Harmony H Aldrich for the sum of $1,000. Commissioners Deed starts on page 239 and continued on page 241. In Recorders’ office Deed Book 79 Page 31 is the Commissioner’s Deed for this transaction. Names mentioned are Thomas C. Fralick, Orla I Campbell, Alice Campbell, Mervale F. Campbell, Centennial Campbell, Emlin V. Campbell, Laura Campbell, Romaine C. Campbell, Charles W. Campbell, Mary Campbell, Cyril L. E. Wilson, Florence Wilson, Romaine C. Campbell, Administrator of the estate of John A. Campbell, deceased, Jacob R. Helwig and Mary Helwig. Sold to Charles E. Aldrich and Hiram H. Aldrich.
Order Book 44 Auburn Courier	October Term 1909 Page 14, 59, 65, 66, 71 October 25, 1909	Capital Food Co, a Corporation Auburn Courier for Oct. 25, 1909 states the company is from Tiffin	Currie, William		Case 8586 On Note. Page 59 Plaintiff in open court admits that he is a foreign corporation & not a resident of Indiana. Goes to Jury trial and the jury finds for the defendant. Page 71 By verdict of the jury the plaintiff takes nothing from this action and the defendant do have and recover from the plaintiff the costs of this action. The case was indeed a singular one, Mr. Currie, two and one-half years ago purchased from the Capital Food Co a quantity of their product for which he gave a not for $53.20. Later Mr. Curie returned the goods to the company, asking them to send him in return, salt. This the company failed to do but the proceeded to sue on the note, when in fact Currie had not a single bit of their goods.
Order Book 44	March Term 1910 Page 325	Card, Phenios	Hayes, Edward F.		Case 8535 On Contract Plaintiff is to pay costs on case 8246.
Auburn Courier	October 11, 1909	Carey, Benjamin Estate	Creager, Frank Administrator		William H. Shaffer has filed exceptions to the final report.
Order Book 44 Micro Civ --1	May Term 1910 Page 530 Index 002141-002148	Carnahan, Perry	Shull, Thomas et al	Other Defendant Florence Shull	Note and Mortgage Case 8813 Appelette Ct. Appeal of Mortgage in year 1913
Order Book 44	October Term 1909 Page 22	Castreet, Tellie	Halsted, I. M. et al	Other defendant C. B. Halsted.	Case 8316 On Promissory Note Appeal from the justice of Pease is now by the Court dismissed.
Order Book 44	March Term 1910 Page 344, May Term 1910 Page 539, 559, 575	Christoffel, Jacob	Gilmore, Harry et al	Other Defendant: Harry Gilmore Jr.	Case 8765 Quiet Title. Page 539 is now titled a Partition. Notice to Harry Gilmore Jr and Harry Gilmore Sr. and they are in default. Infancy of Harry Gilmore, Charles S. Smith appointed guardian ad litem Plaintiffs and defendants are tenants in common. Rosella Christoffel is the wife of Jacob and Gertrude Christoffel is the wife of Charles Christoffel. Allen Countryman is the husband of M? Countryman. Savings, Loan and Trust Co is appointed the Commissioner to have real estate appraised. Value appraised at $1,066.66 R. E. ordered to be sold. Page 559 is now entitled On Note attachment and garnishee. Defendants are now Mrs. Henry J. Gilmore and Henry Gilmore, Savings and Loan and Trust Co. Non-residence of Gilmore and Gilmore Page 575 Sale of R. E. to Charles A. Christoffel and Gertrude Christoffel. In Recorder’s Office there is a Commissioner’s Deed for Jacob Christoffel et al. Harry Gilmore et al Savings Loan and Trust Co were the Commissioners appointed to make the sale to Charles A and Gertrude Christoffel for $1,066.66 the undivided East ½ of the Southeast ¼ of Section 20 Township 34 North Range 15 East.
Order Book 44	March Term 1910 Page 387	City of Auburn	? School Township ? County		Tuition. No details.
Order Book 44	Vacation after Dec. term 1909 Page 307, 308	Coffinberry, John et al	Barnes, David	Other Plaintiff Carl Heinzirling	Before D. C. Buhler, a justice of the peace for Keyser Township. Defendant makes default. Court finds the Plaintiffs are entitled to recover $11.25 and the costs of this suit.
Order Book 44	October Term 1909 Page 42	Coffinberry, John et al	Blood, Perry A. et al	Other Plaintiff Karl Henzerling (Partner), Other Defendant Martha A. Blood	Case 8627 Foreclosure mechanics Lien cause is dismissed by Plaintiff and costs are paid. Auburn Courier October 7, 1909 states the demand was for $45.
Order Book 44 Recorder’s Office	October Term 1909 Page 82, 125, December Term 1909 Page 157-159	Coffinberry, William H.	Cummings Earnest et al	Other Defendant: Mary Paul Cummings, Daniel E. Lung, Alice Lung, Minnie E. Nall (or Noll), Raymond Strause, Paul Strause, Real Estate and Improvement Co of Baltimore City	Note & Foreclosure of Mortgage. Daniel E. Lung, Alice Lung, Minnie Nall, Raymond Strause and Paul Strause are in default. Page 125 Case 8631 Harry Wert is appointed receiver. Harry West files his bond with William H. Coffinberry and Howard W. Mountz as surety. Pages 157-159. Court finds for the Plaintiff in amount of $850.20 and a personal judgment against Daniel and Alice Lung, Ernest and Mary Paul Cummings. Mortgage is to be foreclosed and sold on Lot 5 in block numbered 31 in the original gown now city of Garrett. Deep Book 82 pages 563, 564 is the Sheriff’s Deed for this transaction.
Order Book 44	May Term 1910 Page 443	Collett, Margaret et al	American Surety Co of N. Y.	Other Defendant: Thomas O. Ford	Case 8595 On Bond the cause is now dismissed
Order Book 44	October Term 1909 Page 16	Collins, Charles R.	Williams Omer		Case 8623 Case is settled and dismissed.
Order Book 44	March Term 1910 Page 317	Collins, Samuel S.	Esselburn, Lewis et al	Other Defendant: George Noirot	Case 8715 On Contract Cause is dismissed. The defendant is to recover from the plaintiff all costs of this action.
Auburn Courier	February 3, 1910	Collins, Samuel S	Esselburn, Lewis et al	Other Defendant George Noirot	Mr. Collins, who claims he worked on the Moore drain for more than a year without compensation, is preparing to file a suit against Esselburn, Noirot and Norton is an effort to collect about $1,600, which he alleges to be due him. Mr. Collins has possession of the dredge boat and it is understood that Esselburn, Noirot and Norton are anticipating brining an action to get possession of the boat. There seems to be no possibility of a settlement and the matters pertaining to the Moore drain will be the cause of much litigation. Farmers who reside in the vicinity of the drain where the dredge boat is, are complaining that the water which cannot pass the boat is filling their cellars. Another article in the paper states: Before Dick Collins had the necessary minutes in the suite he had threatened against eh bondsmen of Jacob Brumbaugh, in which he intended demanding judgment of something like $1,600. David Lehman filed an action in the court asking that the dredge boat, boathouse and attachments which are now in the possession of Collins be given into his possession. The complainant states that Collins has unlawfully retained possession of these articles, which are valued at $800 and that in consequence thereof he has been damaged in the sum of one hundred dollars. He therefore asks possession and that amount of damages. Te complainant recites the fact that the dredge boat and other material are now in the Aaron D. Moore drain. A bitter controversy is inadvertent in this matter, as Collins claims that he was not paid for his year’s work and that remuneration must e forthcoming before he gives possession. O the other hand it is claimed that the Brumbaugh bondsmen have checks to show that he has been fully paid. The sheriff was ordered to attach the dredge.
Order Book 44	October Term 1909 Page 57, March Term 1910 Page 324	Columbia Conserve Co	Zerkle, Uriah		Account. Page 324 Cause is dismissed by the court at plaintiff’s costs.
Order Book 44	October Term 1909 Page 58	Cool, Maude R.	Livergood, Alvin A.		Replevin Court finds that Maude r. Cool is to have and recover from the defendant the possession of the goods named in the complaint and that she recover $10 and all costs.
Order Book 44	October Term 1909 Page 110, May Term 1910 Page 579	Cramer, Jeremiah M, Administrator f the estate of Carl Mortorff	City National Bank of Auburn		Case 8409 Complaint and Cross-complaint dismissed.
Order Book 44	October Term 1909 Page 59, December Term 1909 Page 188, 251-253	Creager, Marion F.	Helwig, John et al	Other defendants: Herman Mays Madden and Ira Boon Madden.	Case 8589 Quiet of Title. Notice published in local paper. Page 188 Summons ordered to Sheriff of DeKalb Co for the defendants Herman Mays, Madden & Ira Boon Madden. Page 251-253 Part of document destroyed by the 1913 fire. Notice of cause published in the DeKalb Herald. Court decrees that Frank Creager is the owner of the North ½ of the northeast ¼ and 25 acres of the West end of the South ½ of the North? ¼ of section 1 Township 34 North of Range ? East.
Auburn Courier	November 1, 1909	Daub, Henry	Toledo and Chicago Interurban Co.		Paper states: "The case of Henry Daub, aged sixty-four, of Garrett vs. the Toledo and Chicago Interurban Co in which the plaintiff demanded $5,000 for injuries he received by being struck by a car May 6, 1909, has been disposed of in the Allen Circuit court, a verdict of $1,000 having been rendered in favor of the plaintiff. The aged man alleged that the injuries he had received were of a permanent nature." The trial of the case began last Thursday and was fought to the bitter end by attorneys for both sides."
Order Book 44 Auburn Courier	December Term 1909 Page 144 November 18, 1909	Davis, E. Gregg	Robinson, William H et al		Transcript. Cause is dismissed at Plaintiff costs The county clerk has received a written dismissal of the case entitled E. Gregg Davis vs. W. H. Robbins, which was venued here from the Allen County. It was an attachment proceeding.
Order Book 44	March Term 1910 Page 323	Dawson, Horeuce	Campbell, Romaine C. et al	Other Defendant: James N. Wilcox	Injunction Plaintiff dismisses cause at his expense.
Order Book 44 Auburn Courier In Recorder’s Office	December Term 1909 Page 195, 196 December 13, 1909	DePew, Abram?	Caid, George M. et al	Other defendant: Mary Caid	On note. Defendants make default. Court finds for the Plaintiff and defendant owes $190.27 without relief. Mortgage is entitled to be foreclosed on lot 10 in block 46 in Cowens Addition to the City of Garrett. George W. Caid in which he demands judgment in the amount of $225. The suit was brought on a promissory note calling for $150 and in which the defendant is charged with having failed to pay. The note was bearing 7 percent interest Deed Book 82 page 474 is the Sheriff’s Deed for this transaction.
Auburn Courier	May 4, 1910	Dick, Miss Mattie	Mortimer, James D. Receiver for the Toledo and Chicago Interurban Co		Paper states: Charging that by the negligence of the employees of the Toledo ad Chicago Interurban Company she suffered great injury, mentally and physically, Miss Mattie Dick of Garret has by her attorneys, directed a damage suit against James. D. Mortimer, receiver for the company, in which she demands judgment in the sum of five thousand dollars. The complainant avers that on November tenth,, 1909, she was a passenger for hire on a car operated by the defendant company and was bound for Altoona; that another car going in the same direction followed closely behind without an electric headlight; that for some reason the rear car collided with the first one, wrecking that part of the car where she stood and inflicting serious and permanent j=injuries upon her. She alleges that her body was severely wrenched and that her nervous system has been greatly impaired inconsequence of the accident. The $5,000 together with the cost of the litigation and other proper relief are demanded.
Order Book 44 Auburn Courier	March Term 1910 Page 387 March 24, 1910	Donavan, Dennis D. Assignee of Citizen’s State Bank Co. of Napoleon, Ohio	Kosht, Emmet et al	John Clouse and WM. Clouse	Case 8772 On Note. Paper states Dennis D. Donavan, assignee for the benefit of the creditors of the State Banking Company of Napoleon O, has filed a suit in the local court against Emmett Kosht, John Clouse and Wm. Clouse demanding judgment in the sum of $1,500 and the foreclosure of a mortgage for the payment of same. It is averred that the defendants executed to the Napoleon Mfg Co two notes of $500 each, which were afterwards sold to the State Banking Company which subsequently became insolvent. As assignee for the creditors of the bank he seeks to collect the above stated amount.
Order Book 44	May Term 1910 Page 536	Dills, Minnie M. et al	City of Auburn		Case 8733 Vacation of Lots, Alley and Streets Notice filed in the Auburn paper weeks of the 19^th, 26^th day of May 1910. court grants the Plaintiffs request.
Order Book 44	October Term 1909 Pages 12, 13, 78	Doty, Hiram C.	Bearwagon, Frank et al	Other Defendants: Caroline Bearwagon, Lydia Avery, Alice Laymon, D. D. Moody and the Wabash Portland Cement Co	Case 8615 Judgment and Foreclosure All defendants except the Portland Cement Co are each three times called in open court and wholly makes default. Frank and Caroline Bearwagon are indebted to the plaintiff in the sum of $672.08. which amount is secured by a mortgage on certain Real Estate. Foreclosure of real estate is entitled. Alice Layman has a judgment of $384. Page 78 Charles Kirkland files a bond for $100. with L.R. Waterman as Surety. Receiver is to take charge of the Real Estate.
Order Book 44 Auburn Courier	March Term 1910 Page 353, Page 367, 374-376 March 3, 1910	Doty, Hiram	Shaw, Alma et al	Other defendant: James S. Shaw, John Redmond, The F. P. Welt Co.? Laymon, The Mercantile import, David Barlinghemer and Lewis Barlinghemer, John Howard and Mary Howard	Part of document destroyed by the 1913 fire. Page 367 Name is now spelled Hiram Doty. Part of document missing in the 1913 fire. Case is on Notes and Mortgage. Pages 374-376 Alma and James Shaw are in default. Also, Defendants john Redmand, Alice Laymon, David Battingheimer, Lewis Battingheimer (notice different spelling of names) are in default. Plaintiff dismisses action to John R. Howard and Mary Howard. Name is now spelled F. P. Witt Co. Court finds that the Plaintiff is to recover from Alma and James Shaw $642.83 Also Plaintiff is entitled to foreclose the mortgage. Hirum Doty to recover from the Shaws $642.83 and costs. Mercantile Import co to recover from the Shaws $68.00. F. P. Witt Co to recover from the Shaws $385. Good portion of document destroyed by 1913 fie. In Recorder’s Office Deed Book 81 page 357 there is a Sheriff’s Deed for this transaction. Lots 25, 26 in Block 22 in Ashley were sold to Hiram C. Doty. Paper states: Hiram C. Doty, by his attorney, John W .Baxter, has filed a suit in court against Almira Shaw et al, in which he demands judgment in the amount of $200. The actions is brought on a note and mortgage.
Order Book 44 Auburn Courier Order Book 44	October Term 1909 Page 29 November 1, 1909 May Term 1910 Page 468, 469	Drinkwater, Emily	Seifert, Joseph		Case 8524 For Slander. Papers states: "the case of Emille Drinkwater, of Garrett, vs. Joseph Siefert? In which $10,000 damages is demanded for slander, and which was scheduled to be tried this week has been postponed until the next term of court for the reason that the plaintiff, Mrs. Drinkwater, forwarded an affidavit to the court to the effect that the illness of her child would not permit her absence from her home. The postponement was readily assented to by the judge. Case 8584 The matters in controversy between the individual have been mutual settled and case is dismissed by plaintiff at defendant’s cost. Case 8588 is against Theresa Seifert and was settled the same as case 8584
Order Book 44 Auburn Courier	October Term 1909 Page 29 May 26, 1910	Drinkwater, Emily	Seifert, Theresa		Case 8588 For Slander. Paper States: The two cases entitled Drinkwater vs. Joseph Sifter of Garrett, in which damages were asked for slander, and which have been hanging fire for several months were settled this moring. The defendant paid the costs of the court and there was not other consideration.
Auburn Courier	May 26, 1910	Eckhart Public Library Board	City of Auburn		Paper States: The Auburn Public Library Board has by its attorney, Willis Rhoads filed a suit in the circuit court against the City of Auburn, asking that the alleys between the city lots in Wesley Park and the Library board lots be vacated.
Order Book 44	May Term 1910 Page 450, 499	Errick & Co.	Chapman, Eban M		Case 8787 on Account. Page 499 Attorney withdraws his appearance for the defendant. Defendant fails to appear. Court finds Plaintiff is due to recover $144.15 from the defendant.
Auburn Courier	January 27, 1910	F. H. Hill Company	Merica, Thomas et al	Weaver, H. D.	Paper states: A suit entitled F. H. Hill Company vs. Thomas Merica and H. D. Weaver has been filed in court, in which the plaintiff asks leave to execute the judgment which was rendered in 1893. Demand is made for $210. Olbrich and Colbeck have also instituted proceedings for the execution of a judgment taken against Merica and Weaver, the amount being seventy-eight dollars.
Order Book 44	May Term 1910 Page 566	Franks, Armi? Recorder’s Office has Arminnie Franks	Cook, Robert et al		Case 8796 Quiet Title. Defendants notified by notice in local paper. They are in default. Court finds for the Plaintiff and mortgages are quieted forever. Copy of Decree for this transaction if recorded in Deed Book 81 Page 314. Plaintiff is owner of the North ½ of the Northeast ¼ of Section 3 Township 34 North of Range 12 East. Except 150 feet ..conveyed to the Northern Indiana Railroad Co by deed October 26, 1853.
Order Book 44	December Term 1909 Page 280	Fusse, Henry	Fuelling, John F. et al	Other Defendant: Louise Fuelling	Case was originally brought to the Superior Court of Allen Co and transferred to DeKalb County. (Part of document destroyed by the 1913 fire.
Order Book 44	March Term 1910 Page 322, 336	Gallion Metallic Metal Co	Hinklin, Howard		Defendant Howard A. Hinklin is three times called and makes default. Page 336 on Account. Court finds for the plaintiff that they are entitled to recover $142 and all costs from the defendant.
Order Book 44	October Term 1909 Page 8, 87, May Term 1910 Page 446, 579	Galletin, Cyrus E.	Ryher, John V. et al	Other Defendants Becker Paper Co of Ft. Wayne, Bell Telephone Co	Case 8527 Page 87 Summons ordered for the defendant the Bell Telephone Company to the Sheriff of Allen Co. Page 446 Case continued. Page 579 Cause is dismissed.
Order Book 44 Auburn Courier Order Book 44 Recorder’s Office	October Term 1909 Page 16, 27, 144 Oct. 7, 1909 May Term 1910 Page 501, 502	Galnour, Frank	Leeland (Leland), Jessie et al	Other Defendants: Laura B. Leeland (Leland), E. S. Cummings, Mary Cummings, David Ross, Cora Ross	Case 8629 Foreclosure of Mortgage. Page 27 Case continued. Page 144 Case continued. "A case has been filed entitled Frank Galnour vs. Jess Leland and Laura Leland, a suit on notes. The plaintiff demands judgment in the sum of $92.25 and a finding of specified sums to become due and that equity of redemption of defendants be forever barred and foreclosed. Page 501, 502 Cummings and Cummings are in default. Court finds the Plaintiff is entitled to Judgment finding said Mortgage against all defendants and is due $235.40 and costs. The Real Estate to be sold. In Recorder’s Office Deed Book 82 pages 418, 419 the Sheriff’s Deed is recorded.
Order Book 44	October Term 1909 Page 113, 117, December Term 1909 Page 161, May Term 1910 Page 444	Garr Scott & Company	Wittwhose, Albert L.		Case 8635 Note and Foreclosure of Mortgage. Page 117 Case continued. Page 161 Case continued. Page 444 Cause is dismissed and costs paid.
Auburn Courier	March 24, 1910	Geiger, William	Olinger, Cyrus et al	Other defendant: J.R. Julian	William Geiger has filed a suit against Cyrus Olinger and J. R. Julian for a ? debt of $65. He complains that the Geiger Furniture company sold the defended during business under the firm name of C. Olinger and company goods to the value of $65. Further alleges that the account is long past due and remains unpaid and has sued the defendant for the amount mentioned and all costs incurred.
Order Book 44	October Term 1909 Page 40	Gilford, Russell et al	Kann, Adolph	Other Plaintiff Nora Gilford	Case 8639 to revise Deed Case is dismissed by the plaintiff.
Order Book 44 Auburn Courier Book 44	March Term 1910 Page 322, May Term 1910 Page 471, 508 December 16, 1909 May Term 1910 Page 533, 561	Gordon, Franklin et al	Johnson, Joseph et al	Other Plaintiff: Nancy A. Gordon, Other Defendant: Catharine Johnson	Case 8677 Fraudulent Representation Page 471 Case continued. Page 508 Case continued Franklin and Nancy Gordon have instituted proceedings against Joseph and Catherine Johnson, in which they charge that the defendants fraudulently misrepresented a certain farm to them and thereby secured fifteen hundred dollars more than the place was worth. The plaintiffs aver that they were unacquainted with the value of land in this vicinity as they came here from Chicago and that the defendants represented to them that the farm they wanted to sell was well drained. The plaintiff finds that he must improve the farm in the way of tilling that will cost $1,500 and he therefore asks judgment in that amount against he defendants. Page 533 Defendant is listed as Mary A. instead of Nancy A. Same case number as above same defendants. Case continued. Page 561 goes to Jury trial
Auburn Courier	May 12, 1910	Hadsell, S. P.	Headley, Samuel et al		A quiet title case was filed in the circuit court today entitled S. P. Hadsell versus Samuel Headley et al
Auburn Courier	August 18, 1910	Hadsell, William	Hadsell, Marshall et al	Other Defedant: Irvin S. Hadsell	William Hadsell versus Marshall and Irvin S. Hadsell is the title of a new suite filed in the circuit court this morning, in which the plaintiff seeks to recover $152.50 on a note.
Order Book 44 Auburn Courier	May Term 1910 Page 561 June 2, 1910	Haite, Mary	Haite, George et al	Cora Haite	Quiet Title. See State Of Indiana
Order Book 44 Auburn Courier	March Term 1910 Page 343, May Term 1910 Page 490, May Term 1910 Page 533 March 3, 1910	Hall, Emil et al Hill, Emil et al	City of Garrett City of Garrett	Other Plaintiff Pauline Hill	Case 8747 (Same case number as Keen, Amos) Damages. Page 490 Case continued. Page 533 Defendant files motion for a change of venue. Please note surnames: Paper states: Emil and Pauline hill are plaintiff’s in a damage suit which today was filed in court, the plaintiffs seeking judgment I the amount of $2,000 from the city of Garrett. The complaint avers that by virtue of the construction of a sewerage system in Garret and the paving of streets there the flow of the sewers was so diverted from its channel that foul, filthy water was caused to flow upon the forty acre tract of land belonging to the plaintiff and located just outside the corporate limits of Garrett. In consequence of the presence of this foul water, the plaintiff avers that sickness was caused in his family. He therefore demands judgment in the above stated amount, from the City of Garrett.
Order Book 44 Auburn Courier	October Term 1909 Page 15 October 11, 1909	Hall, Frank A.	Beever, Edgar A Paper states E.A. Beber		Foreclosure of Mechanic Lien Case 8563 Case dismissed at Plaintiff’s Costs Case has been dismissed and judgment rendered against the plaintiff for costs.
Order Book 44	October Term 1909 Page 10, December Term 1909 Page 144	Hall, Frank A.	Ollinger, Melvin L.		Case 8598 Foreclosure of Mortgage. The Plaintiff dismisses Page 144 Cause. At his costs.
Auburn Courier	October 4, 1909	Hall, Oliver	Kness (Kniss?), James		A civil action was filed in the court of Squire Green Friday, against Jas Kness, formerly of this county now a resident of Oklahoma, in which the payment of $55 for labor is demanded by the plaintiff, Oliver Hall of Butler Township. It is alleged that Hall worked on the defendant’s farm and filed to receive remuneration for same. Mr. Kness has been in Oklahoma for some time and recently returned to visit his son at Avilla. Hall learned of his presence in this vicinity and at once engaged the service of Attorney, H. E. Harman preparatory to the institution of the proceedings and actions were filed at LaOtto and Auburn and the officers have made an effort to serve papers on the defendant. They have been unable to accomplish this as yet for the reason that Kness has remained in one county but a short time as he has been going from DeKalb to Allen etc. Late this afternoon Attorney Hartman was making a continued effort to cause the defendant to be found an in all possibility the trail will occur in the very near future. The plaintiff is determined to secure compensation for his labor. Auburn Courier, October 7 states suit is for $55 Auburn Courier for November 1, 1909 states that the defendant is in default and judgment was rendered in favor of Hall for the sum of $52 with costs amounting to four dollars." "It will be remembered that the officers encountered a difficult task in getting service on Kniss: who had returned to DeKalb County for a visit with relatives, having removed to Oklahoma contracting the indebt ness with Hal after the papers were served Kniss gave out the intimidation that he would contest the litigation to a finish, hence the plaintiff was well fortified with legal talent to see that his end was taken care of well. It developed, however, that Kniss had propelled his anatomy from this community a short time after he was notified that an action had been brought against him and nothing has since been heard of him." "It is hinted that he has property in some form in the county that can be levied upon and he may not escape the payment of the judgment as easily as he thought when he left."
Order Book 44 Auburn Courier	October Term 1909 Page 5, 24 May 5, 1910	Harpham, Clarence	Lake Shore & M. S. R. R. Co.		Damages Case 8610 Page 24 Defendant files for a change of venue. Changed to Steuben Circuit Court, Steuben, IN. Paper States: A jury in the Steuben county court this morning returned a verdict directing the payment of $4,500 damages to C.C. Harphan, nephew of Lester Cogswell of this city, who on March 23, 1908 was severely injured between two Lake Shore cars at a point a short distance north of the Seventh street crossing. The case was brought against the Lake Shore Co. Mr. Harphan at the time of the accident was a brakeman on the Lake Shore road and was pinched between the cars in such a manner as to inflict serious injuries. Last September, by is attorney, H. W. Mountz, he commenced suit in the DeKalb court, demanding damages in the sum of $10,000. The case was venued to Angola where it was tried on Monday, Tuesday and Wednesday of this week. The verdict was reported this morning. The defendant will probably appeal the case.
Order Book 44	December Term 1909 Page 156, 274	Harris, Louis R	Garrett Oririe 1357 Fraternal Order Eagle.		Case 8448 Account. Page 274 Cause is dismissed by the court at plaintiff’s costs.
Order Book 44 Auburn Courier	October Term 1909 Page 84, 87 November 1, 1909	Hart, William	McCrory, Duesella		Case 8778 Mechanics Lien Deposition of Clyde Merrick is ordered published. Page 87 Cause is dismissed by Plaintiff. Paper States: "The case of William Hart vs. Drusella McCrory, foreclosure of mechanics lien, which has been pending in the circuit court for some time, was settled this morning. Hart did repairing on the house of the defendant, filling a mechanics lien for $56. The matter was settled for the consideration of $40, each party paying their own costs.
Order Book 44 Auburn Courier	December Term 1909 Page 184, 185 January 6, 1910	Hartzel, Lee J.	Shakeen, Halal, et al	Other Defendant: Sadie Shakeen	Case 8528 Cause submitted to the court for trial. Page 185 Plaintiff asks and is granted leave to dismiss the case without prejudice. The Hartsell vs. Shaheen case from Fort Wayne occupying the attention of the DeKalb circuit court at the present time was not completed last evening and in consequence thereof, court was held today, New Year’s A case venued from Allen County to the DeKalb circuit court was tried before Judge Bratton today, the title of the litigation being Lee J. Hartzell v. Kaleel Shaheen. The plaintiff seek to set aside a deed made by the defendant hen going into bankruptcy. The matter is being bitterly contested by the attorneys.
Order Book 44 Auburn Courier	October Term 1909 Page 26	Hathaway, Albert	Hathaway, Silas et al	Other Defendants: Ralph Thomas, Henry Daub, Mary Woods, Estella Workings and Oliver H. P. Workings.	Case 8583 To set aside default. Sixty days given to file a bill of exceptions.
Auburn Courier	October 25, 1909	Hathaway, John	Feagler, Lester		The case of Ex-Sheriff John Hathaway against Lester Feagler, of this city, Hathaway is asking damages for wood which he claims is missing from a farm near the Junction, now owned by Mr. Feagler.
Order Book 44	December Term 1909 Page 290, March Term 1910 Page 327	Hawn, Sanford	Baltimore & Ohio R. R. Co.		Case 8741 for Damages. Page 327 Most of document destroyed by fire of 1913 Looks like case was transferred to the United States Circuit Court.
Order Book 44	May Term 1910 Page 510	Heater, Lucy A.	Ferrel, George W. et al		Partition. In Recorder’s Office Deed Book 80 Page 41 there is a Commissioner’s Deed for this transaction Lucy Heater vs. George Ferrell. All the East ½ of the Southeast ¼ of Section 7, Township 33 North of Range 14 East lying South of the right of way of the Baltimore & Ohio R.R. containing 35 acres more or less.
Order Book 44	May Term 1910 Page 454	Hensler, George D.	Hensler, Louisa et al	Other Defendants Bertha Beckley and Eliza Fisher	Case 8726 Partition and account. In Recorder’s Office Deed Book 80 there is a Commissioner’s Deed for the case of George D Hensler, vs. Louise Hensler et al numbered 8826. Sale of the land to Albert and Bertha Beckley. Lot 146 in the Original Plat of Butler.
Auburn Courier Order Book 44	November 4, 1909 May Term 1910 Page 534	Hipakind, John et al	Eckhart, Frank	Other Plaintiff: Thomas F. Hipakind	"John and Thomas F. Hipakind have filed a new case in the circuit court against Frank Eckhart in which they demand the foreclosure of a mechanics lien for the sum of $1,070.22. The same fir filed an action against the Auburn Automobile company asking judgment in the sum of $1,000. The firm Hipakind & Hipakind has done a lot of work in this city and at least a few people will not be surprised at this action. They did the heating and plumbing in the county infirmary, at the Auburn State Bank, at the Eckhart residences on North Main Street and at the Auburn Auto Company. By way of explanation it can truthfully be said that the actions brought in the circuit court are not due to the fact that the Eckhart boys or the Auburn Auto company do not want to pay for their work but because the job was not completed according to the requirements and consistent with first-class workmanship in that line. The Auburn State Bank has also had trouble with the Hipakinds, in fact, they are just complete ting refurbishing the plant that they installed in the bank building the work failing to heat the room properly, and the Wabash Company refusing to rebuild. Mr. Schloas was obliged to have Zolman & Zolman a local firm, overhaul his plant. Case 8651 Account
Order Book 44	May Term 1910 Page 534	Hipakind, John et al	Auburn Automobile Club	Other Defendant: Thomas Hipakind	Case 8652 Account
Order Book 44 Auburn Courier	March Term 1910 Page 316, May Term 1910 Page 499 February 3, 1910	Hoff, Frank A.	Paulen, Jacob		Case 8714 On Note Page 499 Plaintiff dismisses the case at his costs. Paper States: Frank Hoff is plaintiff in a suit instituted against Jacob Paulen in which $21.10 is demanded. The complaint recites the fact that Paulen issued to the plaintiff a promissory note and that the same is due, yet unpaid. Judgment in the amount of $50.81 is prayed for.
Order Book 44	May Term 1910 Page 472	Honagon, Albert by his next friend	Weighman, Albert		Damages Case 8611 It is agreed to change the venue to Allen County Superior Court.
Order Book 44 Auburn Courier	December Term 1909 Page 154, 282-284 November 4, 1909	Hoover, David E. et al	Bell, Henry H. et al	Other Plaintiff Ira A. Jones, Bruce W. Duir Other defendant: B. & O. R. R. Co.	Case 8650 Account Page 282-284 Part of document destroyed by the 1913 fire. Notice filed to the defendant (non-residency) in the Auburn Dispatch. Defendant in default. Court finds for the Plaintiff that he is to recover $736.14 from the defendant. The R. R. Co is also indebted to the defendant Henry H. Bell $789.80. Beings he is a non-resident the plaintiff is to have the property to satisfy the debt. Hoover and Jones, a grocery firm at Garrett, have filed proceedings in the circuit court to attach money belonging to H. Bell, which is being held by the B. & O. Railway company. The plaintiffs aver that Bell before his sudden departure owed them I the amount of $736.14 for grocery provisions which he purchased for the non-union hotel he conducted in that city. It is said that the B. & O. company holds in its possession about five hundred dollars of money belonging to the defendant and the action filed is to attach that amount. Bell will be remembered as the man who recently left Garrett mysteriously owing many of the merchants there. Nothing has been heard from him since.
Order Book 44	May Term 1910 Page 460	Hoover, David E.	Culverson, David et al		Case 8756 Quiet Title. Notice published to defendants and they make default. Court rules Plaintiff is the owner or the real estate and all mortgages are quieted forever.
Order Book 44	October Term 1909 Pages 44-51	Horton, Anna Blanche	Nelson, John	Other Defendants: Hannah Daniel, Charles Norris and wife, Jane Lloyd and husband. Mary Tomlison, Charles Tomlison, Daniel Tomlison, and wife, Thomas Edwin Tomlison and wife and others	Case 8594 quiet title. Notice filed in Auburn paper Aug 27, Sept 3, and 10^th. Defendants make default. R.E is lot #8 in Block 1 in Tomlinson’s addition to the city of Butler. Court finds that Anna Blanche Horton is the owner of the above lot. Mortgages and titles of others has been quited.
Order Book 44 Auburn Courier	October Term 1909 Page 122, 154 November 4, 1909	Hudson Bank	Hewett, Charley W. et al	Other defendants: Clara A. Hewett	Case 8649 Charley W. and Clara A. Hewett do business as: Waterloo Novelty Works , Waterloo Commercial League. Page 154 Comes defendant Charles F. Bartlett, of Waterloo, IN The Hudson Bank is the plaintiff in a new suit filed in the circuit court against the Waterloo Novelty Works, Waterloo Commercial Club and Marshal Bartlett of Waterloo. The complaint recites the fact that the defendants executed a thirty-day not to the bank for the sum of nine hundred dollars and that they have failed to pay the same. Wherefore the plaintiffs demand judgment in the sum of $1500 together with all other property relief.
Order Book 44	March Term 1910 Page 367, May Term 1910 Page 461	Hyson, William	Emerick, Albert G.	Other Defendant: George Emerick, Straus Brothers and Co and the City National Bank	Case 8767 Foreclosure of Mechanics Lien. Plaintiff dismisses the case as to defendant Straus Brothers & Co.
Order Book 44	December Term 1909 Page 156	Ice, John	Baltimore & Ohio R.R. Co.		Case 8516 Damages $1500.
Order Book 44	March Term 1910 Page 316, May Term 1910 Page 469, 492, 544	International Harvester Co.	Krabill, Henry		Case 8163 On Contract. Amended complaint ordered filed March 19, 1910 Page 469 Case continued. Page 492 Plaintiff files motion for a change of Venue from the regular Judge. Page Hon. Samuel E. Cook Regular Judge of the Huntington Circuit Court is appointed special Judge of this case.
Order Book 44 Auburn Courier	May Term 1910 Page 488 June 2 1910	Johnson, Melvill	Ricius, Hermon		Case 7561 Injunction. Paper States: In the case of Melville Johns vs.. Herman Richius the plaintiff has filed reply to the second paragraph of the defendant’s answer.
Order Book 44 Micro Civ-001	March Term 1910 Page 315. May Term 1910 Page 522 Index 002069-002075	Keen, Amos Keen, Amos	Miers, George et al Myers, George et al		Case 8747 Quite title. Most of document destroyed. Page 522 Same case number difference in spelling of defendant’s surname. Defendant in default and court finds the Plaintiff is the owner of the R. E. mentioned in the complaint. Partition?
Order Book 44	Vacation after Dec. Term 1909 Page 305, 306	Keen, Wesley	Kennedy, John E.		Before D. C. Buhler, Justice of the Pease of Keyser Township. Defendant in default and Court rules he is indebted to the Plaintiff for $50.95 and costs.
Auburn Courier	May 12, 1910	Kelham, James	Toledo and Chicago Interurban		Paper states: James Kelham, owner of a farm near Garrett, through which the Toledo and Chicago Interurban passes, has commenced an action against Mr. Mortimer, receiver for the Interurban Company, in which he seeks to declare forfeiture of right of way on account of the company’s failure to pay judgment rendered in the condemnation proceedings. The nature of the action is unique in that cars are now being operated over the land in question.
Order Book 44	October Term 1909 Page 64, 65	Kelley, Alfred	Pearl James W.		Writ Attachment. Court finds for the Plaintiff that he is to recover $75 from the defendant. Court further finds that the Defendant is indebted to the Plaintiff in the sum of $160 for board and room at the Plaintiff’s hotel in the town of Waterloo Defendant is a non-resident of the State of IN. The property attached in this action is Lumber (description included on page 64)
Order Book 44	October Term 1909, Page 16	Kelley, Alfred	Sithen, Herman T. et al	Other Defendant: Luella Sithen	Case 8518 On note. Case dismissed at Defendants costs.
Order Book 44	December Term 1909 Page 171, 172, 260, May Term 1910 Page 443	Kennedy, John H.	Wanntz, Sarah A		Case 8353 Mechanics Lien Court finds for the Plaintiff. And mechanic lien to be foreclosed. On the North ½ of the Northeast ¼ section 17 township 33 north range 12 East be sold for amounts due (as stated in the document). Page 260 Defendant files for a new trial. Page 443 Cause is now dismissed.
Order Book 44 Auburn Courier	December Term 1909 Page 234, March Term 1910 Page 321, 342, 378, 394, May Term 1910 Page 444, 466 January 20, 1910 April 21, 1910	Kessler (Kessler), Levi et al	Mortimer, Almira et al	Other Plaintiff: Wm. Kessler, Other Defendants: Saving Loan & Trust Co. Samuel T. & Effie Moore	Case 8694 Quiet Title. Page 321 Case continued. Page 342 Case continued. Page 378 Case continued. Page 394 Case continued. Page 444 Case continued. Page 466 Case continued. Attorney D.D. Moody will file a suit in the DeKalb circuit court his evening or tomorrow, which will raise a very ticklish question in law. Its title to be W. H. and Levi Kessler vs. Almira Mortimer, Auburn Savings Loan & Trust Company et a. About thirty-one years ago Eli Kessler died, leaving eighty acres of land and a surviving childless widow and two sons. An administrator was appointed and the estate was disposed of to satisfy indebtedness accrued by the decedent. Since that time the land has been transferred several times and is now owned by the Savings Loan & Trust company and a Mr. Moore. The sons of the deceased are now suing for the one-third of the real estate which, under the statute in vogue at that time, they allege belongs to them. The case when it comes up for trail will be fought, it is said and unquestionably some very fine profile in law ill arise from the litigation. Paper states: Judge Bratton this afternoon made a decision in one of the most complicated litigations ever considered in this court. The case in question entitled Levi Kessler et al versus Almira Mortimer was one in which the second childless wife of Levi Kessler, deceased who was appointed administratrix of the estate, disposed of all except her life interest in the estate. The deceased has two sons, William and Levi who were given no equity. They brought suit to recover their share of an eighty-acre tract of land by Attorney Moody and the Judge ruled in favor of the plaintiffs. If the ruling stands the Kesslers will receive about fifteen hundred dollars.
Order Book 44	May Term 1910 Page 449	King, Clara E	Schwab, Emma		Case 8766 Partition. Plaintiff dismisses the cause at her expense.
Auburn Courier	October 14, 1909	King, Isaac estate	King, Calvin S.		Has been continued for one year unless called up sooner.
Order Book 44	December Term 1909 Page 197, 198, 213, May Term 1910 Page 578	King, Louis (Lewis) A	W. A. McIntyre Co.		Case 8672 Fraudulent representation. Plaintiff files a cost bond with the United State Fidelity & Guaranty Co. Plaintiff files affidavit for a change from DeKalb Co. Page 198 rewritten of page 197. Page 213 Change in venue sustained and moved to the Circuit Court of Steuben, IN. Page 578 Case is dismissed at Plaintiffs cost’s
Order Book 44	May Term 1910 Page 494	Kiser, John	Noragon, Samuel		Case 8788 Damages. Plaintiff now dismisses the case at his costs.
Order Book 44	May Term 1910 Page 578	Klotz, Martin Ex. Of will of S. P. Klotz, deceased	Bowman, Alexander et al	Julia O. Bowman	Note and Mortgage, Cause is dismissed.
Order Book 44	October Term 1909 Page 129-133, December Term 1909 Page 265-268, March Term 1910 Page 314, 315, May Term 1910 Page 454, 476	Knight, John B. et al	Baker, Samantha M et al	Other Plaintiffs: Esther N. Knight, Robert H. Hildebrand, Sarah Betts (Belt), Dorcas S. Johnson, Emma M. Daily, Alice Matildia Blair Other Defendants; Jacob D. Leighty Admr of the estate of William Knight deceased	Partition Case 8659 Court finds for the plaintiff and that all defendants except Jacob D. Leighty are owners as tenants in common. The land cannot be partitioned and therefore is to be sold by the Commissioner. William Knight, the father, who was owner and conveyed to the plaintiff John B. Knight his son as an advancement to him the real estate described in the petition. : Commencing on the north line of Section 9 in Township 33 North of Range 14 East (and further described in the document) William Knight in like manner conveyed to his daughter Dorcas S. Johnson an advancement …. Jacob D. Leighty, administrator of the estate of William shows there is a deficiency in the estate t pay debts of $700. Court appoints Jacob D. Leighty Commissioner to sell the East half of the Northeast ¼ of Section 8 Township 33 North of Range 14 East excepting a strip.. north and south of the south end extending the entire width …, also one acre out of the northeast corner of the southeast quarter of the northeast quarter. Said land was in Concord Township Page 265-268 Good share of document destroyed by 1913 fire. Looks like the land was sold to John B. Knight and Ling? S. Knight, his wife. Page 314, 315 Most of document destroyed by 1913 fire There is an administrate of the estate of the defendant Matilda Blair, deceased. Page 454 Report of Missioner J. D. Leighty on Sale and distribution of funds. Page 476 Commissioner files his final report. In Recorder’s Office Deed Book 78, Page 475, 476 is the Commissioner’s Deed for the above transaction with a description of the land. Part going to David R. Kocht
Order Book 44	October Term 1909 Page 60, December Term 161-166	Knisley, Charles D. et al	Hopkins, William et al	Other plaintiffs: Jennie B. Knisley, William and Mary F. Hopkins wife or widow of Daniel D. Foster, wife or widow of Samuel, and Charles L. Wilson, John Baumgardner, Mary Baumgardner, Robert Q. Sinclair and Margaret, Robert Q. Sinclair, William Q. Rex, Sara Q. Rex, etc. (Many more names in document)	Case 8643 Quiet of Title. Page 161-166 Notice filed to non-residents in Auburn Dispatch and in default. Court finds the Plaintiff is the owner of the described real estate in the Town of Waterloo, IN. The Mortgages executed by Joseph and Julia Rex to Peter Countryman and recorded in volume 8 Page 204 and Mortgage executed Feb. 8, 1865 by Jacob Beutler to William Hopkins and recorded in Mortgage volume 5 page 30, Mortgage executed July 31, 1867 by Sanford to William Hopkins and Husband and Mary Ann Basset to Lymon S. Basset on December 7, 1877 and found in Mortgage book 13 page 475. And Mortgage executed July 1869 by John N. and Cynthia Sloan recorded in Mortgage volume 7 page 3 and Mortgage December 20, 1869 by Joseph M. Rex et al mortgage book 7 Page 31. These are all settled. In Recorder’s Office Deed Book 78 Page 361-364 is the Copy of the Decree and deed to Plaintiff. Quieted is the mortgage executed F 8, 1865 by Jacob Beutler to William Hopkins, and recorded in Vol 5 page 30, Mortgages executed July 31, 1867 by Sanford Basset to William Hopkins and recorded Sept 4 1867 in Mortgage book 6 Page 16, Mortgages executed by Sanford Bassett and wife Mary an To Lyman S. Basset Dec 7, 1877 and recorded in Mortgage book 13 Page 475. Mortgage executed July 10, 1869 by John N. Sloan and Synthia his wife recorded in Mortgage book 7, Page 3, Mortgage executed Dec 20, 1869 by Joseph N Rex et al to Ketchum and Morehouse et al recorded in Mortgage book 7, Page 31
Order Book 44 Auburn Courier	December Term 1909 Page 188, May Term 1910 Page 578 January 13, 1910	Koch, John U.	Wabash Railway Co.		For Damages. Page 578 Cause is dismissed at Plaintiff’s costs. John U. Kock has by his attorney, E.D. Dutten. field a suit against the Wabash Railway Company, in which he demands judgment in the sum of $500 for damage rendered to his property, alleged to have originated from a Wabash engine. The complainant alleges that on November 18, 1908, sparks from the engine belonging to the company ignited combustible material on the right f way and extended to his farm, destroying two hundred feet of line fence and burning an acre of muck land to a depth of six inches, rendering the same utterly valueless.
Order Book 44 Micro Civ-001 Auburn Courier	May Term 1910 Page 494 Index 002115-002129 May 12, 1910	Krabil, Henry	Miller, Samuel		Case 8806 Foreclosure of Lien. Mechanics Lien Paper States: By his attorney, P.D. West, Henry Krabill has filed a suit in the circuit court demanding the foreclosure of a mechanic’s lien. The complaint states that he installed an acetylene plant at the home of Mr. Miller for the contract rice of $200. He demands $250.
Order Book 44	October Term 1909 Page 22, 72, 78	Kugler, August	Groh, Lizzie		Case 8502 on Contract. Page 72 Cause is submitted to jury for trial. Page 73 Jury finds for the Plaintiff and assesses his damages at $30. Page 78 Adjudged by the Court that the Defendant owes the Plaintiff $30.
Order Book 44	December Term 1909 Page 194	Kundard, Mary Jane	Groh, Lizzie et al		Case 8330 Partition Cause is dismissed by Plaintiff In Recorder’s Office there is a Copy of Decree where Mary Jane Kundered, Maggie Weingart, Eliza E. Hartman, Wayne Zonker, Emma Zonker, Edward Zonker, William Zonker, Frederick G. Fried, Maggie Swogger, Clara Hovarter, Mary E. Groh are Plaintiffs for a quite title and are tenants in common of the West half of the Northwest quarter of Section 28 in Township 35 North Range 12 East and also other land. This is Deed Book 79 Page 243, 244 and one line on page 245.
Auburn Courier	October 14, 1909	Kurtz, Mary estate	Saylor, Joseph H. Administrator		Has upon motion been continued for one year.
Order Book 44 Auburn Courier Order Book 44	October Term 1909 Page 6, 15, 42, 74, 79, 80, 89 November 1, 1909 November 11, 1908 May Term 1910 Page 447, 489	Lackey, George W.	Garrett City Lodge		For damages and Possession. Case 8616 Attorney appears for the K. of P Lodge and Trustees. Page 15 Case continued. Page 42 Case continued. Page 74 Case continued. Page 79, 80 goes to Jury trial. Jury finds for the plaintiff assess his damages $43.50 Page 89 Defendant files for a new trial. Paper States: "The case of George W. Lackey, of Indianapolis, vs. the Garrett City K. of P. Lodge was tried Wednesday before a jury and the arguments were given in the afternoon, the jury retiring about 3:30 o’clock for deliberation. "Sharpless and Atkinson, represented the defendant while Attorney Mountz, also of Garrett, cared for the interest of the plaintiff. Mr. Lackey is demanding possessions of the building occupied by the Garret Lodge on account of the fact that their rent was ten days past due before paid. The defendants contend that the treasurer did not know the address of Mr. Lackey and therefore could not forward it to him and that Lackey wanted possession of the room for the reason that Moyer & Moyer, occupying the room below needed the room." Resultant to the efforts of Moyer Brothers of Garrett, a permanent settlement has been reached between Geo. Lackey and the Garrett K. of P. Lodge. It will be remembered by the Courier readers that some time ago a judgment was rendered against the lodge in the circuit court here whereby they were instructed to surrender possession of the room they had occupied for many years. The trustees of the lodge indicated their intention of appealing the case to the appellate court. However, Moyer Brothers, who were anxious to get possession of the room, made an offer which was readily accepted and consequently the lodge paraphernalia will be stored until other suitable quarters are obtainable. Page 447 Plaintiff moves the court for judgment on verdict. Page 489 The court rules the Plaintiff is to have and recover from the Garrett City Lodge, K of P the possession of said as described in complaint.
Order Book 44	March Term 1910 Page 317, 318, 343, 362	Lahnum. William	Outland, Emma J.		Case 8725 To recover Possession of R. E. Page 318 (Conversion) Page 343 Cause is now dismissed by the Plaintiff. Page 362. Cause is now dismissed by the Plaintiff with costs.
Order Book 44 Auburn Courier	March Term 1910 Page 382 February 3, 1910	Lake, John H.	? of County Commissioners DeKalb Co.		Account. Plaintiff to recover $135 from the defendant. Paper states: John H. Lake, a practicing physician at St. Joe has by his attorney filed a suit against the count commissioners of DeKalb County, in which he demands judgment in the amount of $150. The plaintiff avers that he was engaged by the trustee of Concord township to render medical aid to a poor family, which he did, but for which he has not received compensation.
Order Book 44	October Term 1909 Page 66, 67, 68, 69	Laman, John	Marvin, Fanny Ann		Quiet Title. Notice filed in the Auburn Dispatch to non-resident defendants. Charles O. Barst is guardian of the infants Inez Thompson, Gary and Gary Thompson. Court finds for the Plaintiff that he is the owner of the South East quarter of Section 35 Township 33, North Range 13 East. In The Recorder’s Office Deed Book 78. Pages 218, 219 is the Copy of the Decree. The name of the Plaintiff is John Lanan The lands is described as the West ½ of the West ½ of the Southeast ¼ of Section 35, Township 33 North Range 13 East. Surnames of individuals who once owned or related to those who did own the land: Swart, Peck, Munson, Thompson
Order Book 44	December Term 1909 Page 155, 194, 274-278	Landis, Justus O.	Bice, Arthur et al	Other Defendants Susie Bice, The Real Estate & Improvement Co of Baltimore City and Chas. H. Bloom	Case 8581 To enforce Lien. Page 194 Charles H. Bloom files Cross complaint against all defendants. Page 274-278 Defendants in default. Upon Plaintiff’s motion cause is submitted to court for trail. The court finds for the Real Estate and Improvement Co. Court finds that there is due the Real Estate and Improvement Co the sum of $1,406.59. The Real Estate Co is entitled to a foreclosure of the mortgage. Court finds that the defendant Charles H. Bloom is due him $244.50 against Arthur Bice. This note is on a mortgage of premises and he allowed to foreclose against all but the R. E Co. The lands is described as Lots 3, 4 in Block 12 in Thomas South Addition to the town now City of Garret.
Order Book 44	March Term 1910 Page 316	Leake, John H.	Board of Commissioners of DeKalb Co		Account.
Order Book 44 Auburn Courier	December Term 1909 Page 178 December 30, 1909	Leas, Daniel L.	Barva, Henry		Note. Plaintiff dismisses cause. Paper states: W. H. Leas of Waterloo, has filed a new suite in the DeKalb Circuit court in which D. L. Leas of Waterloo sues Henry Barva on a note and the count. The Plaintiff demands Judgment in the sum of $200.
Order Book 44 Auburn Courier	October Term 1909 Page 23, 123, December Term 1909 Page 174, 177, 285-287, March Term 1910 Page 350, 351, 363 December 30, 1909	Leason, James	Imler, Hattie et al	Other Defendant Irvin Imler Thomas Edward Leason, Jo H. Rose ad item for Eva and John Leason.	Partition of Real Estate. Notice has been given to John and Eva Leason in the Garrett Clipper. Infancy of John and Eva Leason is suggested. Page 123 Case 8530 Case continued. Page 174 James H. Rose guardian ad litem. Page 177 Case continued. Pages 285-287 Court finds that that the plaintiff and defendants are owners as tenants in common of the East ½ of he Southwest ¼ of Section 5, Township 33 North of Range 12 East. The property is indivisible and cannot be divided; therefore must be sold. Part of document destroyed by 1913 fire. Land contains 80 acres. Frank Yarde has a mortgage against the Real Estate. George O. Denison is appointed Commissioner to sell the Real Estate. Page 350, 351 Value $4,800 for R. E. Real Estate sold to Frank and Alice Yard. Geo Dennison to issue a Commissioner’s Deed. Page 363 Commissioners Deed recorded. The trial of the case entitled Leeson versus Imler et al was resumed on Tuesday morning in the circuit court and was concluded before noon. The matter in controversy was the division of real estate, the heirs dissenting as to the manner in which the property should be divided, some claiming that an equal distribution could not be made. Quite a number of witnesses were examined. In Recorders’ Office, Deed Book 79 Page 142 is the Commissioner Deed to Frank and Alice Yarde the land mentioned.
Order Book 44 Auburn Courier	March Term 1910 Page 320, May Term 1910 Page 470 February 3, 1910	Lehman, David O	Collins, S. S. (Commonly called Dick Collins)		Case 8711. Defendant appears by the name Samuel S. Collins. Court finds for the Plaintiff and he is to recover the property named in his complaint. Paper states "Dick" Collins was Friday evening mandated to surrender possession of the Moore drain after his failure to furnish bond for the retention of the same until the pending litigation was disposed of. Mr. Lehman filed proceeding in court Thursday demanding possession of the dredge boat, claiming by the complaint that Collins was unlawfully in possession of the property. The sheriff served the replevin, and, unable to furnish the necessary bond, or indisposed to, the defendant was forced to vacate the boat and other attachments. Collins has, however, instructed his attorney to enter suit in the circuit court for the recover of $1,800 from Esselburn and Noriot, which he alleges they owe him. These gentlemen cannot fathom how they are indebted to Collins and naturally they will defend the action until the last inch of ground has been fought over. Some warm times can be expected before the mater is finally settled.
Auburn Courier	March 31, 1910 June 9, 1910	Lehman, Ricka	Lehman, Martin et al		Attorneys P. M. HOFFMAN, john Baxter and J. H. Rose accompanied by Court Reporter Glen Van Auken, were driven to the home of Mr. and Mrs. Martin Lehman in Fairfield township, this afternoon where examinations were made of Mr. and Mrs. Lehman that their evidence could be introduced in the trial of the case entitled Mrs. Ricka Lehman vs. Martin Lehman et al The deponents are too aged to attend court in person. The case is one in which the plaintiff seeks to recover a farm she claims Martin Lehman gave to the deceased husband without giving him a deed for it. It is claimed that after the death of William Lehman the defendant refused to convey to the widow the farm which he had promised the son prior to his demise. The litigation will be an interesting one as both sides will fight bitterly for supremacy in the legal battle. PAPER STATES: The Case entitled Mrs. Ricka Lehamn versus Martin Lehman, which is occupying the attention of the court at the present time, is in indeed complex, as is evidenced by the plaintiff’s testimony, she being the administrarix of the estate of her late husband William Lehman, who died in March 1909. Mrs. Lehman testified that her parents only consented to her marriage to William Lehman after Martin Lehman, his father, state that he would give a farm of seventy-nine acres of land to the couple. Mrs. Lehamn as administratrix, is suing to quiet the title of the land and desires to sell two thirds of the farm to pay the debts of her deceased husband. The Lehmans are bitterly contesting the matter. Martin Lehman never delivered the deeds of the farm to his son. There are yet several witnesses to be examined by the plaintiff before the defense introduces testimony.
Order Book 44	October Term 1909 Page 41	Long, William E.	Blood, Perry A et al	Other defendant: Martha Blood	Foreclosure of mechanics lien. Cause is dismissed and costs paid. Auburn Courier for Oct. 7, 1909 states demand was $40.
Order Book 44 Auburn Courier Order Book 44	October Term 1909 Page 89, 115, December Term 1909 Page 174 November 1, 1909 June 2, 1910 March Term 1910 Page 326, May Term 1910 Page 491, 530	Lung, Daniel E.	Zeek, John		Case 8646 Attorney appears for defendant. Page 115 Case continued. Page 174 Case continued. Paper States: "David? E. Lung has filed a suit against John Zeek of Garret for the recovery of the possession of a cash register, which he alleges the defendant has unlawfully detained without paying for same. He therefore asks the court to grant him possession of the register together with damages in the sum of twenty-five dollars." Paper states: A peculiar and unexpected turn was taken in the replevin case entitled Daniel Lung vs. John Zeek Thursday when after the plaintiff rested its case, Attorney Mountz moved that the jury be instructed to return a verdict for the defendant, in that the material allegations of the complainant were not proven. The motion was overruled, whereupon the defendants attorneys informed the court that they would offer no further testimony in defense, but base their arguments to the jury on the proposition that the evidence was insufficient to constitute a case. The only witness for the plaintiff was the plaintiff himself. Judge Bratton instructed the jury at 1:30 o’clock this afternoon and before the jury retired Attorney Hoffman for the plaintiff dismissed the pleading. The jury was discharged and a finding made for the defendant. The action was a possessory one and the plaintiff failed to establish the fact that John Zeek was in possession of the cash register when the suit was filed. Page 326 Case 8646 Case continued. Page 491 Goes to Jury trial. Page 531 case continued.
Order Book 44	October Term 1909 Page 28, 36	Madden,. A. W. et al	Gilford, Maria C.	Smith, Roxy A	Case 8562 Page 36 Case is dismissed at Plaintiff’s costs.
Order Book 44 Auburn Courier	December Term 1909 Page 250, May Term 1910 Page 475 January 27, 1910	Madden, Charles	Husselman, Levi et al	John B. Haskins	Case 8704 On Note. Page 475 Cause is dismissed by Plaintiff at his costs. Paper states: Charles Madden has filed suit against Levi Husselman, demanding payment of a note originally $125. He demands $156.88
Order Book 44	March Term 1910 Page 351, 352	Marshall, Lewis, et al	Nevins, Rebecca et al	Other Plaintiff: Emma Marshall and Hiram Wolf, Joel S. Rebecca Nevins was formerly Rebecca Albright. Hiram Jones and wife,	Case 8697 Quiet Title. Notice to non-residents published in the Garrett Clipper. Defendants three times called and are in default. The court finds that the Plaintiffs are the owners of the Southeast ¼ of section 31 in Township 35 North of Range 14 East. Hiram Wolf is owner of the Northwest ¼ of the East ¼ of Section 31, Township 35 North and Range 14 East also the North ½ of the Southwest /4 of the Southeast ¼ of Section 31 Township 35 North of Range 14 East. In Recorder’s office there is a Copy of Decree for this transaction with a full description of the Real Estate.
Order Book 44	December Term 1909 Page 148, 149	Martin, Frank W. et al	Overmeyer, Frank P	Other Plaintiff: Grant G. Martin, Other Defendant George W. Crooks	On Note Court finds that Plaintiffs are entitled to recover from Frank P. Overmeyer $65.85 and all costs.
Order Book 44	December Term 1909 Page 221, 222, 249, 282, March Term 1910 Page 320, 355, 356	Mason, Abraham R. guardian of Myrtle Olive Platter, a minor	Platter, Alexander		Damages Case 8699 Plaintiff files bond with Edward Treesh as surety and affidavit on restraining order. Defendant to be restrained from selling or mortgaging or encumbering the North ½ of the Northwest ¼ of Section 5, township 35 North of range 14 East. Page 249 Restraining order continued. Page 282 Continuation of the restraining order. Page 320 Damages & Injunction. Defendant files motion and affidavit for a change of venue. Page 355, 356 Court sustains change of venue and changed to Steuben County. For more information on this case there is an article in Auburn Courier, January 27, 1910 page 8 and February 10 page 8. Write to the Willennar Genealogy Center, Auburn In. In March 10, 1910 request is made for a change of venue. Probably changed to Noble County.
Order Book 44 Auburn Courier	March Term 1910 Page 327 January 27, 1910	McCullough, Clara	Hunsel, Bernard		Case 8703 On Note. Defendant in default. Paper state: Clara McCullough has filed a suit on a note against Bernard Hunsel, demanding judgment in the amount of $224.
Order Book 44	October Term 1909 Page 28	McGee, Allen	Rorabaugh, Matilda et al		Case 8624 Case was erroneously certified to the court as an appeal with out the authority of either party. Case is dismissed.
Order Book 44	Vacation after Dec 1909 Term Page 299	Meeks, William	Dodge, Charles		Before T. J. Hendricks a Justice of Peace for Newville Township. Plaintiff filed account for $199.94 on February 14, 1910. Four weeks board, care and washing, . Defendant in default.
Order Book 44	October Term 1909 Page 5	Merchant Farmers Bank	Sithan, Walter S. et al		Case 8623 Defendants in default. Court finds for the plaintiff and they are entitled to recover $140.80 and all costs (this is from Walter S. Sithan)
Order Book 44	October Term 1909 Page 18	Merrell Co	Curie, William		Case 8450 On account. Court trial finds for the Plaintiff and they are to recover $687.50 an all costs.
Order Book 44 Auburn Courier	December Term 1909 Page 182, 183 June 2, 1910	Meyer, Inez, M. et al	Umfield, Abner et al	Other Plaintiffs: Lillian Sheline, Louis W. Bonbrake, Claude W. Bonbrake, Leticia G. Allomony, Clare E. Bonbrake Other Defendants: Albert A. Briggs, Gilbert A. Brigs, James Hultsharee: and the unknown heirs of the defendants.	Quiet Title Notice of action published in the Local Newspaper. Defendants are in default. Court finds for the plaintiff that they are the owners of the West ½ of the Southeast ¼ of Section 6 in Township 35 North of Range 13 East. Paper States: Lillian Sheline et al vs. Claude Bonbrake et al, petition for partition of real estate, a case filed yesterday, was dismissed this morning the plaintiff, and the costs by agreement will be taxed to the estate of the deceased. Sam Bonbrake including a ten dollar fee for Attorney Baxter
Order Book 44 Auburn Courier	December Term 1909 Page 205, 213 January 13, 1910	Miller, John E.	Monroe, Lewis		Case 8622 Injunction. Application for a restraining order Plaintiff now files a bond with William Miller as surety. Defendant fails to appear and he is restrained from cutting? And further enjoined from pasturing the meadowland of said plaintiff. Page 213 Case continued. Paper states: John E. Miller of near Waterloo, has instituted proceedings in the court against Lewis Monroe, a tenant on his farm,, in which he petitions the court to enjoin the defendant from appropriating good trees to his use as well as pasturing his stock on the meadow. The complaint recites the fact that a written contract between him and the defendant has been entered into, the term of which permitted Mr. Miller to use old wood not good for timber and that Miller has cut down twenty-five or thirty good trees and cut them into wood that he has pastured his cattle sheep and hogs on meadow land which the contract forbids and otherwise violated the agreement. The plaintiff asks that a restraining order be effective during the remainder of Miller’s tenancy and perpetually with all other proper relief. Note the above sounds a little confusing.
Auburn Courier	October 14, 1909	Milligan, Margaret	Haverstock, Marion		In the matter of Sam. G. Stone executor of the last will and testament of Margaret Milligan vs. Marion Haverstock, the executor has filed report of sale of real estate with the stipulated amount of each track of land. The sale is confirmed and approved. Deed ordered examined and approved in open court.
Order Book 44	May Term 1910 Page 456, 457	Moellering, William F. et al	Costin, Dennis A. et al	Other Defendants: Harry Bridinger	Case 8559 In Attachment. Plaintiffs file a dismissal of case against Harry Bridinger. All Plaintiffs are to recover from defendant: William F. Moellering $134.57 Gilbert Bursley & Co. $12.00 William Barrinston? $20.93 Stienburger, Stine Mfg Co. $44.30 Charles Abel $25.15 Heit, Miller ? Co $62.24 Church McConnell Co $25. Christ Diehl Brewing Co $101.00 Springle Mfg Co $21.58 George Hurney $37.50 Berdan & Co $52.39 Charles W. Chapman $38.50
Order Book 44	May Term 1910 Page 448	Morley, Harvey W.	Cass, John F. et al	Other defendant: Nellie B. Cass	Case 8672 Replevin of Personal Property and damage Cause is now dismissed by Plaintiff at Plaintiff costs.
Order Book 44	October Term 1909 Page 19, 25, 75-78, 89	Mountz, Howard W	Bartley, Orrin H et al	Other Defendant: Jennie Barley and other defendant: Real Estate and Improvement Co of Baltimore City.	Case 8608 On Note and Foreclosure of Mortgage. Page 25 Real Estate and Improvement Co of Baltimore City files answer to Plaintiff. Claim filed against Defendants, also. Pages 75-78 Defendants in default. Court finds for the Real Estate and Improvement Co of Baltimore upon their cross complaint. The Real Estate Co is entitled to foreclose on the property. Court finds for the Plaintiff that he is entitled to $300 from the Defendants Orwin and Jennie Bartley. Amount to be recovered $1,241.95. Lot 22 and the South half of lot 23 in Block 28 in the Original plot of the City of Garrett. Page 89 E. M. McKennan appointed as Receiver and bond set for 125.
Order Book 44	October Term 1909 Page 37, Vacation Term Nov 1909 Page 119	Myers, Guy by his next friend George Myers	Lakeshore & Michigan Southern R. R. Co.		Damages. Bill of exceptions filed. Page 119 Case continued.
Order Book 44	October Term 1909 Page 6, 15, 26, 39, 54	Myers. D. N.	Kugler Augustus. et al	Other Defendants Baltz, George F.	Case 8614 On Note. Page 15 Attorney appears for George F. Baltz. Page 26 Case continued. Page 39 Case continued Page 54 Case is dismissed and Plaintiff to pay for the costs.
Auburn Courier	May 12, 1910	Newman Sewer Construction Co.	Hoover, Lucinda et al		Paper States: The Newman Sewer Constriction Company is the plaintiff in an action brought against Lucinda Hoover et al, in which it demands judgment in the sum of $76.50, together with an attorney fee of $25. The Plaintiff asks for the enforcement of a lien. The litigation is brought for the collection of an assessment levied for benefits derived from the new sewer recently constructed in Butler.
Auburn Courier	May 12, 1910	Newman Sewer Company	Fosdick, Edwin.		Paper States: The Newman Sewer Company has also filed an action against Edwin Fosdick et al., demanding $323.40 and attorney fee of $125. and the enforcement of a lie.
Order Book 44	October Term 1909 Page 53	Noble County Bank	Leroy, Jennie etal		Foreclosure of Mortgage cause is dismissed case 8525
Order Book 44 Auburn Courier	December Term 1909 Page 171 December 6, 1909	Noble County Bank	Hayes, Edward E.		On Promissory Note. Part of document destroyed by the 1913 fire. Defendants are in default, Court finds for the Plaintiff that he is entitled to recover $142.20 from the defendant. Transcriber’s note: I am not sure this is the same case as above. The Noble County bank is the plaintiff I a new suite filed in the DeKalb Circuit Court Wednesday morning, in which judgment in the sum of $165. is asked as a consequence of failure of the defendants, Ray Landis, et al meeting a promissory etc, which is due according to the complaint. The note was drawn
Order Book 44 Auburn Courier	October Term 1909 Page 58, May Term 1910 Page 446, 500, 507 June 9, 1910	Noirot, George	Spangler, William		Case 8495 For Conversion. Page 446 for Conversion and contract. Case continued. Page 500 Submitted to Jury trial. Page 507 Jury finds for the Plaintiff in the amount of $83.05 and to recover all costs. Paper states: The jury in the Noirot vs. Spangler case rendered a verdict in favor of the plaintiff Saturday after a short deliberation $83.05 the amount asked for in the complaint was awarded Mr. Noirot.
Order Book 44 Auburn Courier	May Term 1910 Page 472 June 2, 1910	Oberlin, William	Haywood, Verne		Case 8656 Appeal form J.P. Defendant now dismisses the appeal at his costs. Paper states: The case of Oberlin vs. Hayward scheduled for a jury trial today was settled last night by the interested parties after the adjournment of court hence the jury could not be instructed to report a day later.
Order Book 44	March Term 1910 Page 321	Olbeick and Golbeck	Merica, Thomas S.	Other Defendant: Harvey D. Weaver	To renew Judgment
Order Book 44 Auburn Courier Order Book 44	December Term 1909 Page 212, 236 November 25, 1909 May Term 1910 Page 472, 476	Osburn, Benjamin H.	Davis, E. Gregg		Case 8665 On Contract. Page 236 Case continued. A case entitled Benjamin A. Osborn vs. E. Gregg Davis, which was originally filed in the Allen Circuit curt, was Saturday venued to DeKalb county for trail. The litigation is one in which the plaintiff seeks to recover $500. Together with six per cent interest on the amount, including attorney fees for the collection thereof. It is alleged that the defendant Davis sold to Osborn real estate for the stipulated amount of #3,000 when in fat he was not at the time of the transaction in possession of the title thereof. Five hundred dollars was paid to the defendant as a first payment and since that time it has developed that it would be impossible for Osborn to acquire the title of the land. The above-mentioned judgment is therefore prayed for. The case will undoubtedly come up for consideration during the December term of court. Note: See also above case of Davis, E. Gregg vs. Osborn, Benjamin. Page 472 Attorneys withdraw appearance for the defendant and the defendant is three times called. He is in default. Page 476 Court finds for the Plaintiff that the Defendant owes him $665.00 and Plaintiff is entitled to judgment and Execution.
Order Book 44 Auburn Courier	May Term 1910 Page 449, 471, 563 March 10, 1910	Paulson, Ray by Andrew Paulson	Hart, William		Case 8753 Damages. Page 471 Case continued. Page 563 Defendant agrees Plaintiff should have $165. Defendant to pay the costs. Paper states: Ray Polston, (see difference in spelling of last name) seventeen year old son of Andrew Polston, of this city, has by his attorneys, Link and Atkinson, filed a suit in the court against William Hart, in which he demands judgment in the sum of two thousand dollars, for injuries received while in the employ of the defendant some time ago. The complaint avers that the defendant who is a house mover by trade engaged the Polston boy some time prior to October 22, 1909, to assist in moving building and that on the above stated date he was assisting in moving a building on the Lawrence farm southeast of Auburn when after he had been delegated to crawl beneath the building to adjust the rollers the building to adjust the rollers the defendant gave the horses a sharp blow, causing the animals to make a dash and drawing the structure from the rollers and catching the right leg of the boy in such a way as to severely injure it. According to the complaint the Polston youth was required to expend $250 for a surgeon and other expenses. In fact it was a half hour before he was removed from his perilous position. For the injuries inflicted he demands the sum of two thousand dollars from the defendant, Hart.
Order Book 44	October Term 1909 Page 6, 19, December Term 1909 Page 156, 160, 194, 195, 201, March Term 1910 Page 325 May Term 1910 Page 447, 488	Peninsular Portland Cement Co.	Weaver, Joseph A. et al	Other Defendants John Kennedy, Garrett Banking Co. The Garrett Savings, Loan and Trust Co & Christian Weaver	Account. Case 8603 Plaintiff files a cost bone with Ira Brandon as surety. Page 19 Attorney appears for all defendants except Garrett Savings Loan & Trust Co and John Kennedy. Joseph and Christian Weaver files separate demurs. Page 156 Case continued. Page 160 Accounting and Receiver. Page 194, 195 Case continued until June 11, 1910. Page 201 Case continued. Page 325 Accounting and Receiver. Plaintiff dismisses his case as to Joseph A. Weaver. Page 447 Case continued. Page 488 Plaintiff dismisses the case as to the Garrett Banking Co, The Garrett Savings Loan and Trust. Case goes to Court trial. Court finds that each of the defendants owes the sum of $200 and the Plaintiff is entitled to a judgment.
Order Book 44 Micro Civ 01	May Term 1910 Page 552 Index 002082-002113	Petition for Drain	Boardner, Ellsworth A. et al		Case 8793
Order Book 44	May Term 1910 Page 552	Petition for Drain	Boyd, John A et al		Case 8794
Order Book 44	May Term 1910 Page 557	Petition for Drain	Buchanan, Hiram		Case 7679
Order Book 44	May Term 1910 Page 558	Petition for Drain	Carpenter, David L. et al		Case 8018
Order Book 44	May Term 1910 Page 557	Petition for Drain	Casper, George W.		Case 7806
Order Book 44	December Term 1909 Page 146, 250	Petition for Drain	City of Auburn		Case 8681 Page 250 City Sewer. Notice has been published in the Auburn Courier January 6, 1910 etc. Part of Document destroyed by 1913 fire.
Order Book 44 Auburn Courier	October Term 1909 Page 17, 22, 36, March Term 1910 Pages 312, 313, 422-423 April 21, 1910	Petition for Drain	City of Garrett	Other defendants: Clyde AA. Walb and John H. Zeek.	Case 8080 Page 22 Case 8296, Page 36 Case 8080 to the Board of Commissioners. Pages 312, 313 John H. Zeek is Commissioner of Superintendent of construction. Most of document destroyed by 1913 fire. Page 422-423 John H. Zeek Superintendent of Construction. Paper States: Clyde A. Walb, contractor for the construction of the Garrett drain experienced difficulty when attempting to cross the Lake Shore track. The railroad company refused him the privilege of removing an abutment. Mr. Zeek, superintendent of construction by his attorneys succeeded in entering into a compact with the railroad company whereby he is to pay them the sum of $684, and they are to removed the abutment and allow the construction of the drain to proceed. C. S. Smith of this city represented M. Zeek.
Order Book 44	May Term 1910 Page 562	Petition for Drain	Ditmar, Elmer et al		Notice to be filed why final report cannot be made.
Order Book 44	December Term 1909 Page 160 May Term 1910 Page 512	Petition for Drain	Fair, Jonathan et al		Case 8001 Page 512 Case 7919 Superintendent of Construction files petition for increase in size.
Order Book 44	March Term 1910 Page 314	Petition for Drain	Ford, Cook et al
Order Book 44 Auburn Courier	December Term 1909 Page 177, 179, 182 December 30, 1909	Petition for Drain	Ginder, Frederick et al		Drain Page 179 Case continued. In the Auburn Courier August 10, 1909 "Article re the establishment of the Ditch being hotly contested and the Trail will be a long drawn out one. Also on October 4 in the same paper Evidence concluded on Drain. Page 182 Charles Webster, trustee of Stafford Township asks leave to file amended Remonstrance. Petitioners object and court sustains. Paper States: At the conclusion of the Leeson litigation, arguments were begun in the famous Ginder ditch case in which Attorneys Rose and Link represent the plaintiffs and Attorneys Pomeroy, Hoffman, Baxter and E. Dunten cared for the interest of the defendants. Judge Bratton has informed the attorneys that ample time will be given them in which to discuss the issues and two days time will in all probability be consumed in the presentation of arguments in support of the contentions of each side. Courier readers will remember that at the conclusion of the trial of the Ginder case, no arguments were presented and the court rendered special findings, which will have a bearing on the litigation. The decision of the court will probably not be rendered for a few days.
Order Book 44 Micro Civ 001	May Term 1910 Page 530, 560 Index point 002177-002197	Petition for Drain	Grate, William A.		Case 8831 Bond filed with Brown Albright and Henry Albright as sureties. Page 560 Case continued.
Order Book 44	May Term 1910 Page 562	Petition for Drain	Griffin, Elmer P et al		Drain continued.
Order Book 44	May Term 1910 Page 557	Petition for Drain	Groscup, Frederick et al		Case 7747
Order Book 44	December Term 1909 Page 238, May Term 1910 Page 562	Petition for Drain	Gunsenhouser, Jacob		Case 8271 or 8291? Page 562 Case continued.
Order Book 44	May Term 1910 Page 561	Petition for Drain	Gutherie Harvey		Case 8446 Case continued.
Order Book 44	October Term 1909 Page 43, May Term 1910 Page 562	Petition for Drain	Hoffeilder, John et al		Case 8236 Page 562 notice to be filed why final report cannot be made.
Order Book 44	May Term 1910 Page 557	Petition for Drain	Koble, John et al		Drain
Order Book	May Term 1910 Page 557	Petition for Drain	Koble, John et al		Drain
Order Book 44 Micro Civ-001 Auburn Courier	May Term 1910 Page 543 Index 002131-002139 May 12, 1910	Petition for Drain	Link, David et al	Other Defendants: William B. Rhom and Grant Township by Theodore R. Imhoff Tr.	Case 8809 Drain The film runs to the year 1913. Paper States: By their attorney, William H. Leas, David Link, Theodore E. Imhoff and W.B. Rohm, trustees of Grant Township petition the court for the construction of an open ditch in that township
Order Book 44	October Term 1909 Page 126, May Term 1910 Page 463	Petition for Drain	Miller, William etal		Case 8208 Page 463 Superintendent files his final report.
Order Book 44	October Term 1909 Page 90, 115, December Term 1909 Page 203, 274	Petition for Drain	Moore, Aaron D.		Case 7779. Case continued. Page 203 J. Y. W. McClellan is Superintendent of Construction. Page 274 Most of document destroyed by 1913 fire.
Order Book 44	May Term 1910 Page 558	Petition for Drain	Myers, Frank P et al		Case 8058
Order Book 44	May Term 1910 Page 562	Petition for Drain	Nelson, Lemuel et al		Case 8246
Order Book 44	May Term 1910 Page 558	Petition for Drain	Peckhart, William et al		Case 7919
Order Book 44	May Term 1910 Page 557	Petition for Drain	Shearer, Lottie et al		Case 7649
Order Book 44	December Term 1909 Page 223, 254, March Term 1910 Page 314, 393, 399 , May Term 1910 Page 448, May Term 1910 Page 517	Petition for Drain	Sherwood, Lizzie M.		Case 7649 Drain Page 254 Case continued. Page 314 Case 8701. Page 393, Most of document destroyed by 1913 fire. Charles Wagoner, Leonard Shipe and Norman T. Jackman are appointed drainage commissioners. Page 399 Cause continued. Page 448 Drainage commissioners file their report. Page 517 John Clark is appointed Superintendent of Construction with Bond.
Order Book 44	May Term 1910 Page 510	Petition for Drain	Skelton, George et al		Case 8179 Drain
Order Book 44	May Term 1910 Page 558	Petition for Drain	Straus, Simon J.		Case 7869
Order Book 44	October Term 1909 Page 75, December Term 1909 Page 171, 188, 189, March Term 1910 Page 366.	Petition for Drain	Taylor, Oscar et al		Drain Case 7724 Page 171 Case continued. Page 188, 189 Oliver E. Shaffer is appointed Superintendent of Construction. Bond for $500. filed with Herman D. Boozer and John Jackman as surety.. Page 366 Case continued.
Order Book 44	October Term 1909 Page 39, 108, 126, May Term 1910 Page 561	Petition for Drain	Teutsch, Almira		Remonstrance of the Lake S & M. S. R. R. Co who is allowed damages in the sum of $100. Page 108 Charley Wagoner is superintendent of construction bond at $500. Page 126 Charles Wagoner files his bond. Page 561 case continued.
Order Book 44	December Term 1909 Page 260	Petition for Drain	Wise, Edgar L		Case 8680 Drainage. Calvin E. VanAuken is appointed as engineer to examine the ditch.
Order Book 44 Auburn Courier Order Book 44 Microfilm Roll 417	October Term 1909 Page 94-103, 116 November 11, 1909 May Term 1910 Page 58 Index 0547-0575	Petition for Drain	Yarde, Frank et al		Case 8975 Drain Mathias Fitch was a remonstrator. The ditch was from DeKalb County into Noble County with the outlet in DeKalb County. Drain was ordered constructed on Oct. 29, 1903. Points of interest Little Cedar Creek (ancient water course) and Big Cedar Creek. At one time there was a milldam constructed by Nathaniel? Fitch about 1878 on Little Cedar Creek, The dam was constructed in a V shape in such a manner to divide and divert the water from Little Cedar Creek to the left down steam and in a little race for the purpose of furnishing water power for the mill situated in tract no 6 and was four miles from said dam to the mill building. The dam was constructed of logs about 8 by 8 inches laid one upon the other across said creek. The said mill was a frame structure about 14 feet by 24 feet dimensions. Upon until 1870 it had been used as a carding mill but in that year it was discontinued as a carding mill and thereafter it was equipped with machinery for sawing lumber and in the year 1902 the saw mill moved out and thereafter the only use made of the power was for the purpose of sometimes grinding chop feed and in 1904 it’s use was discontinued altogether. The mill was equipped with a 48" American Turbine wheel that was placed in said mil in the year 1865. The building at the time of the construction of the drain was old and dilapidated. The roof was old and leaky, ¾ of the siding was off, there was no floor in the building, and the fore bay was rotted and totally destroyed. The Turbine Wheel was off its ? and lying on the ground buried out of sight by sand and dirt. The Millrace is described in the article with more detail included. Page 116 Willis A. Daniels superintendent of construction. Judge Bratton has handed down his decision in the matter of Frank Yard vs. Matthias Fitch drain. In which he finds for the plaintiff in the sum of $550 for damages rendered to fifty-five acres of his land and $100 for damages to his millrace. The case was filed against the ditch last April in which the plaintiff asked damages in the amount of 5,000 for damages he claimed to sustain in consequence of the fact that the dredging of the ditch was stopped on his land and that the dredgers damages his mill race. W. A. Daniels was superintendent of the construction of the drain and he will pay the damages. Page 558 Case 8075 Final report. Case 8075 Year 1910
Order Book 44	May Term 1910 Page 450, 517	Petition for Drain	Yarrow (Yariou), Laura		Case 8780 Page 517 William Fair is appointed 3^rd Drainage Commissioner. Leonard Shipe appointed drain commissioner along with Charles Wagoner County Surveyor
Order Book 44	May Term 1910 Page 561	Petition for Drain	Zerburgg, Wm et al		Case 8232 Final report.
Order Book 44	October Term 1909 Page 28	Petition of I. N. Cox	Coss, J. F.		To be released from J. P. Bond Case 8600 Plaintiff filed resignation so case is dismissed. Plaintiff to recover from defendant all costs.
Order Book 44	May Term 1910 Page 466, 467	Pfiffer, Henry et al	Emerson, Robert B.	Other Plaintiff: Henry G. Pfiffer	Case 8746 Account Robert B. Emerson in default. Court finds for the Plaintiffs they are to recover $102.07 from the defendant.
Auburn Courier	May 24, 1910	Pilliod, Charles J.	Angola Railway and Power Company		Paper States: County Clerk W. A. Austin has received official notification from the appellate court to the effect that the decision in the lower court as to the case of Charles J. Pilliod et al vs. Angola Railway and Power Company has been affirmed. Thus the heavy litigation has been finally settled. Attorney Hoffman of this city was interested in the litigation.
Order Book 44	October Term 1909 Page 23	Pillsbury, Daniel et al	Wabash Railway Co		Case 8534 To recover illegal freight charges Case is dismissed and costs paid.
Order Book 44	December Term 1909 Page 198	Pool, Henry W.	Wabash R. R. Co.		Case 8387 Damages. Submitted to jury for trail. Jury composed of Malon Baker, Jos. Shull, J. H. Aldrich, C Whetsel, William Tell, A. Steel, William Wagoner, John P. Hornberger, William Kruse, William F. Maxwell, George Foster, and D. C. Butler. Parties agree this cause to be withdrawn from the Jury and submitted to the court for trial. Court finds for the Plaintiff and he is entitled to recover from the Defendant $700 and all costs.
Order Book 44 Auburn Courier	December Term 1909 Page 170, 182, 186, 190-192, 213, 230, 234, 236, 237, 243, 246, 247, 256, 257, 259, 273 January 27, 1910 February 10, 1910	Raber & Lang Mfg. Co.	St. Joseph Valley R. R. Co.		Case 8642 On Account. Page 182 Case 8541 On Contract. Francis M. Weltrow files writing which he disclaims any interest in the matter. Case 8541 Page 186 Upon the affidavits of John G. Yeagley and R. C. Jones? The defendant motions for case to be postponed. Postponed until Jun 24, 1910. Page 190-192 Case continued. Page 213 Case 8689 On Contract. Page 230 Submitted to a jury trial. Jurors are: Dorsey Pilgrim, Joe Shull, John H. Aldrich, Clark Whetsel, Henry L. Houser, William Till, William Magginis, John P. Hornberger, William A. Kruse, William F. Maxwell, George Foster, and D. C. Butler. Page 234 Deposition of H. E. Bucklin to be published. Page 236 Case continued until the next day. Page 237 Case continued. Page 243 Case continued. Page 246 Case continued. Page 247 Case continued. Page 256, 257 Instructions given to the jury. Page 259 Verdict of the Jury. They find for the Plaintiff in damages at $1,200. They also find for the Plaintiff in the cross-complaint of the defendant. Page 273 Defendant files for a new trial. The case of Raber and Lang versus the St. Joe Valley Railroad company will be tried by a jury beginning Monday morning. It is a damage suite and will be fought to the bitter end. Paper states: The defendant to the Raber and Lang vs. St. Joe Valley Railroad company case against whom a judgment of $1,200 was rendered by a jury some time ago, filed a motion in court this morning for a new trial. The motion is seventy typewritten pages in length ad points out more than two hundred errors that the defendant’s attorneys claim were made in regard t the admissibility of evidence. The chief reason set forth by the defendant for a new trial is the excessiveness of the amount of the judgment. Another article in the same paper The case of Raber and Lang versus the St. Joe Valley Railroad company after occupying eight days of the court’s time has been disposed of the jury rendering a verdict for he plaintiffs in the amount of $1,200. Much time was appropriated in the taking of evidence and the arguments were presented yesterday. The jury retired and after deliberating until 3 o’clock this morning they arrived at a verdict. When the sealed verdict was handed to Judge Bratton this morning his honor noticed that the jury had not made a finding for or against the defendants on the cross complaint, which had been filed with the defendant’s answer to the complaint and he required the jury to return to their room instructing them that they must pass upon same. Several hours more of deliberation was thus necessitated the jury reporting at about noon, finding for the plaintiff in the above stated amount.
Order Book 44 Auburn Courier	October Term 1909 Page 7, page 113 December 30, 1909 Mary 26, 1910	Raber and Long Manufacturing Co.	St. Joseph Valley R. R. Co.		Case 8541 on Contract. On Saturday October 23, 1909 the defendant filed for a change of venue. Request for a change of venue is overruled by the court. Defendant given 30 days to file bills of exception. Page 113 Case continued. Paper States: In the case of Raber Long Manufacturing Co vs. St. Joseph Valley R.R. Co the defendant withdraws all former answers and cross complaints and files answer in three paragraphs and cross complaint in three paragraphs." Paper States: Attorneys Powers and Yeagley came to Auburn, this morning to argue a motion for a new trial in the case of Raber and Lang vs. The St. Joseph Valley R. R. Company, verdict for the plaintiff in the amount of $1,200
Order Book 44 Auburn Courier	May Term 1910 Page 515 May 12, 1910	R. Brand Company	Sommers, Thomas et al	Other Defendant: Louisa Sommers and Zora F Nolan	For Deed to be declared fraudulent and void. Plaintiff dismisses the case against Zora F. Nolan Paper States: A new suit was filed in the circuit court yesterday by R. Brand Company against Thomas Summers and wife. The action is brought to annul a conveyance of real estate to Mrs. Summers as to the claim of the plaintiff in the sum of $129.25.
Order Book 44	October Term 1909 Page 60, 109, December Term 1909 Page 193, 238, March Term 1910 Page 404-410	Real Estate & Improvement Co Baltimore City	Daub, Charles F.	The defendants: Hattie Daub James H. Rose and Mary F. Rose executors of the last Will and testament of James E. Rose deceased, Ida Maggert, Katherine Luman, Charles Luman and Estella Smith	Case 8642 Foreclosure of Mortgage. Page 109, Defendants Ida Maggert, Katherine Luman, Charles Luman and Estella Smith are in default. Page 193 Summons ordered to the Sheriff of Whitley Co for defendant Charles Luman. Page 238 Charles Luman in default. Pages 404-410 Good share of document destroyed by 1913 fire. Cross complaint of James and Mary Rose. Notice to the defendants filed in the Auburn Dispatch. Charles and Hattie Daub in default. Court finds that the Roses are due upon cross complaint from the Daubs $211. 94 Plaintiff is due from the Daubs $567.99 The Real estate described as lot 1 in Watson addition to the city of Garrett be sold. In Recorder’s Office Deed Book 81 Pages 253, 254 there is a deed for this transaction.
Order Book 44 Auburn Courier	December Term 1909 Page 153, 157, 169 December 16, 1909	Real Estate & Improvement Co of Baltimore City	Daub, Albert et al	Other Defendants Hattie Daub John and Fannie Lischer	Case 8679 Foreclosure of Mortgage Affidavit filed of non-residency of Henry Daub and Summons for the Albert E. Daub and Martha Daub to the sheriff of Elkhart Co. Page 157 The case is no number 8642 Rose and Rose is the executor of the last will of James E. Rose deceased. Notice of action published in the Auburn Dispatch. John and Fannie Lischer are in default. Page 169 Affidavit of non-residents of Charles F. and Hattie Daub filed by Plaintiff. The Plaintiff has filed action for a judgment against A. E. Martha and Henry Daub, who reside in Garret, in the amount of $1,300 IN Recorder’s Office there is a deed in Deed Book 81 pages 254, 255 for this transaction.
Order Book 44	March Term 1910 Page 410, 411	Real Estate & Improvement Co of Baltimore City	Houser, Loyd		Foreclosure of mortgage. Good portion of document destroyed by 1913 fire. Defendant in default. Court finds that the Plaintiff is due $1,200.06 from defendant. Mortgage to be foreclosed. In Recorder’s Office, Deed Book 81 Page 252, 253 is a Sheriff’s Deed for this Transaction.
Order Book 44 Auburn Courier	December Term 1909 Page 272, March Term 1910 Page 322, 414-416 December 16, 1909	Real Estate & Improvement Co of Baltimore City	Myers, Charles E. et al	Other defendants: Mary B. Myers, Garrett Banking Co.	Garrett Banking Co. file a cross-complaint against the Plaintiff and the defendants. Page 322 Alias writ is ordered cross-complaint of the Garrett Banking Co. Pages 414-416. Charles and Mary Myers are in default to both the Plaintiff and the Cross Complainant Good share of document destroyed by 1913 fire. Lot #2 in Block 75 in Keysers addition to the City of Garrett. The Real Estate and Improvement Company of Baltimore City is the plaintiff in a case filed against Chas. E. and Mary B. Myers in which they demand judgment in the amount of $1,800 The plaintiffs aver that the defendants promised to pay the amount of $1,425 by July, 1915 and that they have failed to make their installments as required by the terms of the contract. A foreclosure of a mortgage and the appointment of a receiver are prayed for. In Deed Book 81 (Recorder’s Office) Page 257 and a couple lines on Page 258 there is a sheriff’s Deed for this transaction. The Plaintiff has possession of the lot.
Order Book 44	March Term 1910 Page 318, 343, 364, 417-420	Real Estate & Improvement Co of Baltimore City	Tarney, Orville et al	Other defendants: Annice Tarney, Charles Ross, Joseph Lemish and the City National Bank of Auburn. Marvin M. Galloway and Charles J. Brown	Foreclosure of Mortgage Cross-complaint filed by Marvin M. Galloway and Charles J. Brown and summons issued for John Coffinberry, Earl Heinzerling, Charley Ross and Joseph Lemishon who are mentioned in the cross-complaint. Page 343 Case continued. Page 364 Case continued. Page 417-420 Good share of document destroyed by 1913 fire. Orville W. Tarney, Annice Tarney, Charles Ross, Joseph Lemish and the City National Bank of Auburn are in default. Maurice M. Galloway and Charles J. Brown in their cross-complaint are due $187.32 from the Tarneys. The Real Estate Co is due $1,650.49 and all costs are due from the Defendant. R .E .is lot #9 and 10 in Bock 22 in the Original Plot of the City of Garrett. In Recorder’s Office Deed Book 81 Page 251 there is a Sheriff’s Deed for the Real Estate & Improvement Co of Baltimore vs. Orville W. Tarney, Annice Tarney etal . The land: Lot 9 and 10 in block 22 in the Original Plat of the City of Garrett.
Order Book 44	October Term 1909 Page 74, December Term 1909 Page 154, March Term 1910 Page 326, 411-414	Real Estate and Improvement Co. of Baltimore City	Woodward, Robert et al	Other defendants: Millie Woodward and Nelson R. Allman	Case 8633 Foreclosure of Mortgager receiver. Page 153 Case continued. Page 326 Summons ordered on cross-complaint of Nelson R. Allman for he defendants Robert and ? Woodward. Pages 411-414 Good portion of document destroyed by the 1913 fire. Court finds for the defendant Nelson R. Allman upon his cross complaint that he is due from Robert Woodward, $452.60 Mortgage to be foreclosed on lot in Altoona. In Deed Book 81 page 256 there is a Sheriff’s Deed to the Plaintiff for lot 11 in Thomas East Addition Altoona, DeKalb County. Which was sold on April 20 1910.
Order Book 44	May Term 1910 Page 447	Reminger, Charles	Ludwig, Goldie et al	Other Defendant: Thomas Ludwig	Case 8355 On Note Cause is dismissed.
Order Book 44 Auburn Courier	March Term 1910 Page 403, May Term 1910 517. 518 April 14, 1910	Renamon, Charles et al Renamon, Claud F. etal	Harrison, John et al	Other Defendant: Laura Renamon	Case 8789 Quiet Title. Page 517 is the same case. Confusion over first name? Court rules for Plaintiffs Paper states: C. F. Renaman and wife Laura are the plaintiffs in a quiet title case brought against John Harrison et al
Auburn Courier	November 1, 1909 December 9, 1909	Reynolds, Clarence	Noirot, George et al		Paper States "Clarence Reynolds vs. George Noirot et al, is the title of a filing recorded Thursday. Reynolds complains that Noirot and others who to the petitioner are unknown were given the contract for the construction of the Moore drain and that the contractors were to have completed their work long before the filing of this action and by their; negligence and avoidable duty the drain is far from being completed." "He further alleges that he, Reynolds, was given a contract for the construction of a number of bridges in the county and that he has contracted to build a bridge over the Moore ditch and that the said Noirot is delaying him his work by damaging the ditch so that water accumulates to such a depth as to not permit him to build the abutments. The petitioner asks the court to direct Noirot to lower the water to a reasonable depth that he can continue his work." Clarence Reynolds, the contractor who was given the job of constructing two brides over the Moore drain has filed a petition in the county auditor’s office praying for an extension of time in which to perform his duties as set forth in the contract He asserts that by virtue of the fact that he has been retarded in his work by the dredgers. He has been unable to complete it within the specified time. He asks that the time he extended until next May. Mr. Reynolds has completed one of the bridges and there is yet one to be constructed.
Order Book 44 Auburn Courier	December Term 1909 Page 273, March Term 1910 Page 315 January 27, 1910	Rickel, Sam R.	Smith, Lucy	Other Defendant: Martin V. Smith	Case 8707 Mechanics Lien Defendants offer to confess for $100 and all costs. Page 315 Cause is dismissed. Samuel Rickel has filed a suit against Lucy and Martin Smith, in which he seeks judgment in the amount of $225. The action is brought for the collection of an account and the foreclosure of a mechanics line.
Order Book 44 Auburn Courier	March Term 1910 Page 370, 371 March 24, 1910 March 31, 1910 April 7, 1910	Rickey, M .S.	Thomas, Ralph Sheriff		Habeas Corpus Defendant files motion to quash the complaint. Court overrules. Court finds that the Plaintiff is lawfully in the custody of the Defendant. Plaintiff to pay all the costs. By his Attorney, W. W. Sharpless of Garrett, Marion S. Rickey who is incarnated in the county jail, charged with being insane and a dangerous man to be at large, has filed habeas corpus proceedings against Sheriff Ralph Thomas and in the complaint is charged that the official is restraining him from his liberty without just cause. The complaint further sates Rickey is detained for the sole reason that he was declared of unsound mind by one physician and that complaint was made by a son in law, Roy Mountz, who has been the cause of much strife in the Rickey family. Mr. Rickey pleads for a hearing before the court where it can be ascertained by the judge whether or not he is of unsound mind. It has been said that Rickey’s mother, who resides at Goshen, prompted the action, she being of the opinion that some of the relatives were trying to cause Rickey’s commitment so they could come into possession of his farm. When the habeas corpus complaint was presented to Rickey he insisted that this name was not Rickey and it was only after some little persuasion that he was induced to sign his true name. It will be remembered that the Longcliffe officials rejected application for Richey’s return to that institution some time ago on account of lack of room. Just what disposition will be made of the case no one is able to state. Paper stats: The habeas corpus proceedings brought against Sheriff Thomas by Marion S. Rickey were given a thorough airing in court before Special Judge Best today, resulting in a judgment in which the officer was fully justified in his action. Attorney W. W. Sharpless represented Rickey and though he made a vigorous effort to cause his exceptions to the returns of he defendant to be sustained by the court he was careful that no loophole was made through which evidence touching upon the insanity of his client could be introduced. Attorneys Link and Hartman, representing the defendant, Thomas insisted that evidence be introduced but knowing will what the outcome would be the plaintiff declined so to do. There certainly can be no question as to the insanity of Marion S. Rickey and had he been placed on the witness stand he would have soon shown by the title he assumes-such as Gould and Vespucious Bonaparte, and King Edward VII It would indeed be an indiscreet action to allow a man whose mind is so impaired and who has, it is said, made threats repeatedly to be at large. Were he a sane man he would have been advised by his attorney to show that he was and failure to do this is conclusive evidence of his insanity. A large number of witnesses were in the courtroom to testify as to the condition of his mind. Paper states: Mrs. Rickey of Goshen, mother of Marion S. Rickey, who has been confined in the county Bastille for several weeks on an insanity charge, was in court this morning and petitioned Special Judge Best to cause the liberation of her son, she stating that she was now able to care for him. The judge took favorably to the proposition and informed the county clerk that as far as the court was concerned the prisoner cold be released. Mr. Austin conversed with the sheriff relative to the matter but in the absence of a written order the clerk and sheriff refused to grant the request of the Goshen woman, Insane persons are committed to the care of the sheriff but under the jurisdiction of the county clerk, hence some liability may arise from the liberation of the man should he render damage to life or property. It is understood that Mrs. Rickey, senior, is making an effort to have the wife of the demented man take him back into the home, but this she absolutely refuses to do for the reason that she knows him to be a dangerous individual. As the matter now stands there seems to be no alternative save commitment of the man to the asylum when there is room for him at Longcliffe.
Order Book 44 Auburn Courier	May Term 1910 Page 450 April 14, 1910	Riser, John	Noragon, Samuel		Case 8785 Damages Paper states: John Riser has filed a suit against Samuel Noragon in which he demands judgment in the suit of $150. He sets forth in his complaint that he purchased from the defendant a horse which was represented to be in good condition and that he executed a promissory note to the defendant calling for $146. After making the purchase he ascertained that the animal was no earthly good and he therefore wants judgment.
Order Book 44 Auburn Courier	May Term 1910 Page 514 March 17, 1910	Rogers, Sarah	Rogers, Pauline N. C. Frank Yard, Guardian		Case 8764 On Account Paper states: By her attorney, D. D. Moody, Sarah Rogers has filed a suit in the circuit court against Paulina Rogers and the defendant’s guardian, Frank Yard demanding the sum of $275 which she alleges is due her for boarding the woman, washing for her and caring for her. The defendant has been declared of unsound mind.
Order Book 44 Auburn Courier	December Term 1909, Page 204, 205, 208, 218 January 13, 1910 January 20, 1910	Ross, David et al	Francis, Nathaniel	Other Plaintiff Cora Ross	Case 8278 Account. Deposition of Nathaniel Francis is ordered published. Goes to Jury Trial. Page 208 Jury finds for the Plaintiff and asses their damages at $219. Page 218 Court places sentence of the Jury. Paper states: Attorneys Howard Mount and E. Atkinson accompanied by Court Reporter Glen VanAuken went to the home of Nathaniel Francis this morning at Altoona, where they took the deposition of the aged man who is defendant in a case which will be tried before a jury in the circuit court tomorrow, in which David and Cora Ross are the plaintiffs, demanding judgment in the sum of $343. Mr. and Mrs. Ross for a number of years lived in the house belonging to Mr. Francis and during that time furnished board for him, presumably for the use of the house. The Ross people are now seeking to recover $343, which they allege, is due them for caring for the elderly gentleman and Mr. Francis expects to fight the case bitterly notwithstanding the fact that he will be unable to be in court. The deposition will be submitted in evidence at least that portion of it that is admissible. The trial of the case entitled David and Cora Ross versus Nathaniel Francis of Altoona, began this morning in the circuit court before a jury and will be bitterly fought to the end by the plaintiffs and defendant. As stated in yesterday’s issued the plaintiffs are suing for $343, alleged to be due them for caring for the aged gentleman for one year, they having lived in his house during that time. Mr. Francis is account of his advanced age, eighty-eight years, was unable to be in court but his testimony will be introduced in the form of a deposition. The defendants will strive to establish the fact that Mr. Francis permitted the Ross family to occupy his house for the trouble of caring for him. Sharpless and Atkinson, represent the plaintiffs and Mountz and Brinkerhoff the defendant, every inch of the ground being fought by both sides Another article: The jury in the case of David Ross vs. Nathaniel Francis, in which the plaintiff sought to recover $39 for taking care of the old gentleman, who is past eighty-five years of age returned a verdict this afternoon at 2 o’clock in favor of the plaintiff, fixing the amount of the judgment at $219. The case was bitterly contested by attorneys for both sides and went to the Jury Thursday morning at 9:30 o’clock.
Order Book 44 Auburn Courier Order Book 44	October Term 1909 Page 84, 85, 126 November 1, 1909 May Term 1910 Page 446	Ryan. Charles W. et al	Western Construction Co.	Other plaintiffs Edward Marvia, John E. Waxon?	Case 8327 On Contract & Account Defendant given 30 days to file bill of exceptions. Defendant files a non-resident of the State of Indiana for the Plaintiff and they are residents of the State of Ohio. Cause is now submitted to a jury for trial. Verdict: Jury finds for the defendant Western Construction Co. Page 126 Plaintiff asks for a new trial. Paper states: "The case of Charles W. Ryan versus the Western Construction company was tried in court Thursday and is being hotly contested. The plaintiff demands judgment in the sum of $500. from the construction co. The jury was impaneled in the morning and the introduction of evidence immediately followed, both sides furnishing strong points in favor of their clients for the consideration of the jury. A decision will probably be rendered this evening. Another article in the same paper states: In the case of Charles Ryan versus the Western Construction company the judge instructed the jury to find for the defendants for the reason that the DeKalb circuit court had not jurisdiction I the matter. Another case will probably be filed at Lafayette where the home office of the company is located. Case 8324 Page 446 On Contract and Account New trial is granted to the Plaintiff and now Plaintiff dismisses this cause at Plaintiff’s cost.
Order Book 44 Micro Civ 001 Roll 416	May Term 1910 Page 490 Index Point 002150-002169 Index Point 00667-00669	Savings, Loan and Trust Co.	Bishop, James et al	Other Defendant Laura A. Shutt	Case 8819 On Note for $353.82
Order Book 44	December Term 1909 Page 149, 150	Savings, Loan and Trust Co.	Hart, Ray et al	Other defendants John M. Graham, J. T. Rife	Case 8653 On Note Defendants are in default. Ray Hart is principle, John M. Graham is surety and J. T. Rife is endorser of said note. Plaintiff entitled to recover from the defendant the Sum of $123. and all costs.
Order Book 44	May Term 1910 Page 459	Savings Loan & Trust Co	Lobmiller, Herman et al		Case 8752 On Note. Prior to court case the defendant paid the principal and interest. Savings and Loan to obtain the costs of suit from the defendant.
Auburn Courier	March 3, 1910	Saylor, Joseph	Obendorf, Jacob		Papers states: County clerk W. A. Austin today received notice t the effect that the decision of the jury in the DeKalb circuit court had been affirmed by the appellate court in the case entitled Joseph Saylor verses Jacob Obendorf. DeKalb county citizens well remember the litigation as being one in which an estate was involved. On January 14^th, this year, the court overruled a petition for a rehearing. In affirming the decision of the lower court, the appellate judges discuss the evidence thoroughly, citing cases pertinent to the one involved, etc. It was further decided by the appellate court that the appellate recover from the appellant the amount of $26.85 for costs. The petition for a transfer from the supreme court has been denied; hence the litigation has come to an end.
Order Book 44	March Term 1910 Page 318	Sayre, John H.	Maurer, Simon H.		On Note
Auburn Courier	December 9, 1909	Schaab Clothing Co.	Darrow, Burt		The Schaab Clothing Co by their attorney, Charles O. Borst have filed a suit in the circuit court demanding judgment in the amount of $35. from Burt Darrow. The suit is brought on an account unpaid, claimed to be $28.66.
Order Book 44	October Term 1909 Page 43, 44, 53, 58	Schulthess, George et al	Feagler, Lester	Other Plaintiff: John Hathaway	Case 8522 goes to jury trial. Page 53 Case is conversion. Jury finds for the defendant. Page 58 It is adjudged that the Plaintiff take nothing from this cause and defendant Lester Feagler to recover his costs.
Order Book 44	October Term 1909 Page 18, 19,	Schulthess, George et al	Martz, William	Other Plaintiffs John Hathaway as partners doing business under the firm name of Schulthess & Hathaway	Case 8580 on Account. Defendant served notice and is in default. Goes to court for trail. Plaintiff to recover from the defendant $69.44 and all costs.
Order Book 44	May Term 1910 Page 531	Schulthuss, George	United States Fidelity and Guaranty Co		On Contract.
Order Book 44	May Term 1910 Page 554, 555	Schultz, Curtis	Gramelling, Isaac		Quiet of Title. Notice published in the Auburn Courier April 28, May 5^th and 12^th, 1910 Court finds for the Plaintiff and mortgages quieted forever.
Order Book 44 Auburn Courier	May Term 1910 Page 515, 578 January 6, 1910 March 24, 1910	School City of Auburn	Union School Township		Case 8770 For tuition Page 578 cause is dismissed at Plaintiff’s costs. The Auburn School corporation has instructed Attorney J. E. Rose to commence a suit in the DeKalb circuit court against Trustee Brandon and Union Township for the collection of several hundred dollars alleged to be due to school corporation of Auburn for the transfer of scholars from the country to the city schools. The amount in controversy will aggregated between six hundred and nine hundred dollars, the exact amount not being known at this time. Trustee Brandon and the Auburn school board have been unable to reach an amicable agreement on the matter and therefore it has been decided to place the matter before the court for final settlement. It is contended by the school board that the township is to be assessed according to benefits received, while by the township it is considered that compensation be made according to the length of time the pupils are in school. Without doubt a bitter legal battle will be waged before the matter is finally settled. The case will be filed in the very near future. Paper states: To the Taxpayers of Union Township by S. M. Brandon Union Twp Trustee. I deem it a justice to the public and myself that I make a statement concerning the proposed lawsuit between the Auburn City school Corporation ad the Union Township school corporation, after hearing the one side I though you would like to hear the other. (And he goes on to give his explanation) Also in the same paper there is an article: Union Township is the Defendant:
Order Book 44 Auburn Courier Order Book 44	October Term 1909 Page 25 October 14, 1909 May Term 1910 Page 552, 578	Seiler, F. P. Admin of the estate of John Gardner	Gardner, Albert W.		Case 8573 Conversion of Property Paper states: Sile not Seiler, administrator for the John Gardner estate has filed an answer in the case of F. B. Sile vs. Albert W. Gardner. The case a somewhat complicated one, has been bitterly fought. The only matter in controversy now is the fact that the defendant Albert W. Gardner cut and sold $300 worth of timber from the farm of the deceased John Gardner, the remaining heirs demanding that the amount be refunded by him. Page 552 case continued. Page 578 Cause is settled and dismissed.
Order Book 44 Micro Civ-01	December Term 1909 Page 153, 195 Index 002026-002051	Seydel, Andrew J et al	Baltimore and O. R. C. et al	Other Plaintiff Mary Seydel Other Defendants: The B. & Southern. C, the Illinois Central R. R. co.	Case 8658 Damages The Illinois Central R. R. Co appears for purpose of making motion to quash of summons and not otherwise. Page 195 Defendant ruled to answer by June 12, 1910.
Order Book 44	October Term 1909 Page 136-137	Sharpless & Atkinson	John E. Baker Moss Co.	Plaintiffs Willard W. Sharpless and Edgar W. Atkinson Partners	Before Easy D. C. Beihler Complaint for On November 18, 1909 before D. C. Beihler, a Justice of the peace for Keyser Township Plaintiff states the defendant is indebted to the plaintiff for $15. Peter R. Branman was Marshall of the City of Garrett. Horace L. Baker was Secretary of the John E. Baker Moss Co.
Order Book 44	December Term 1909 Page 147	Sharpless, Willard W.	Steckley, Isaac		On Note Case 8664 Cause is dismissed by the Court.
Order Book 44	May Term 1910 Page 445	Sheets, Morten C.	Jackson Township, Silas Nugen, Trustee		Case 8762 On Account
Order Book 44	May Term 1910 Page 520	Sheffer, James W.	Brandon, Hollister H.		Case 8791 Quiet Title. Defendant three times called and in default. Court finds for the plaintiff.
Order Book 44	October Term 1909 Page 6	Shoner, George	Slaybaugh, Hiram H. et al	Other Defendants: Treasurer of DeKalb Co.	Case 8298 Injunction. Cause is dismissed.
Order Book 44	December Term 1909 Page 281	Shugers, J. Frank	Townly, Egbert S.		On Note. Defendant in default and case goes to Court for trial. Court finds for the Plaintiff and is entitled to recover $157. and all costs
Auburn Courier	December 13, 1909	Shilling, May	Schmuch, C. B		C. B. Schmuch, proprietor of the Lyric Theater has been made defendant in a suit filed in Squire Green’s Court, in which May Shilling seeks payment for her services as vocalist in his theater. The amount alleged to be due to the plaintiff being $10.95 Miss Shilling has been in the employee of the Lyric man for several weeks and it is alleged that she has repeatedly asked for her pay with the result that he has absolutely refused to meet his obligation in the matter. Attorney Link was employed and the suit for the collection of the money was filed Thursday morning. A man who will thus attempt to defeat a just claim which he rightly owes for labor performed by a defenseless woman is deserving of naught but the utter contempt of the people and were it Schmuck’s initial antic of this nature there would be little grounds for excuses. (There are more details following in the newspaper)
Order Book 44	December Term 1909 Page 250, March Term 1910 Page 321, 345, 353, 372, 373	Smith, Hattie E	Levitt, Charles M.	Other Defendant Charles Madden	Case 8710 On note. Page 321 Defendant ruled to answer. Page 345 Case continued. Page 353 Case continued. Page 372, 373 Goes to Court for trial. Court finds for the Plaintiff. Real Estate should be quieted as against the defendant and said mortgage is to be released. Town Lots 26, 27 and 3 all in ? addition to the town of Butler. Mortgage by Hattie and her husband Ora E Smith to Charles Madden found in Mortgage book 62 Page 595 (in Recorder’s office)
Order Book 44	March Term 1910 Page 380, 381, 388-391	Smith, Julia A	Smith, Marion et al	Other Defendant: Harry Sylvester Smith	For Partition: Harry Sylvester Smith in default. He is also considered an infant and the court appoints Hubert E. Hartman guardian ad litem. Court finds they are all tenants in common of the East ½ of the Northwest ¼ of section 33 in Township 34 north of Range 13 East except the right of way of the River and Illinois Railroad Co passing. (Part of document destroyed by the 1913 fire) States that Harry Sylvester Smith is the son of Marion Smith. Thomas F. Beard and Charles Witt as Commissioners to partition the R. E. Page 388-391 Part of document destroyed by 1913 fire. Court finds that Marion M. Smith and Henry Sylvester Smith is son ..as provided by the last will of David F. Smith, deceased (Will is found in Will Book 4, page 586, 587). Julia A was the wife of David F. Smith. In Recorder’s Office is the Partition Deed for this transaction. See Deed Book 79 page 238n
Order Book 44	December Term 1909 Page 238, March Term 1910 Page 321. 335	Smith, Leroy	Hohman, Adam		Case 8695 Labor and Work Page 335 Case continued.
Order Book 44	October Term 1909 Page 24	Smith, William E	Pepple, John		Case 8609 Mechanics Lien Cause is dismissed Costs to be paid by the guardian of John Pepple
Auburn Courier	March 31, 1910	Snyder, Emma	Schulthess, George		Paper States: George Schulthess, of Garrett arrested last Saturday upon a paternity charge filed by Miss Emma Snyder appeared in the court of Squire Green yesterday afternoon where he plead guilty to the charge. The squire immediately bound him over to the circuit court fixing the bond at five hundred dollars. This the defendant furnished and was released from custody. The plaintiff is the mother of a year old child, the father, Mr. Schulthess, leaving for parts unknown prior to it s birth. An affidavit was filed against him and when a few days ago it was learned that the had returned a warrant was placed in the hands of the sheriff. The matter will be adjusted in court probably during this term. The defendant is suffering from an illness which has caused him much inconvenience.
Order Book 44 Auburn Courier	May Term 1910 Page 445 April 14, 1910	Snyder, John	Oberlin, Phillip et al	Other Defendant: Eliza Oberlin	Case 8782 Cause is dismissed by Plaintiff at his costs. Paper States: Attorney J. E. Pomeroy was at Waterloo this week, where he defended Philip Oberlin in a suit brought against him by Rev. Jas. D. Snyder of the u. B. Church of that place. The minister owns a farm and wanted possession of same. And commenced an action in the court of Justice McBride. A Jury trial was held and after deliberating all day, decided that Oberlin Was not unlawfully detaining the farm. According to the terms of the agreement.
Order Book 44	December Term 1909 Page 188	Sorg, Henry	Ft. Wayne & Springfield R. R. Co.		Damages. Cause is dismissed & costs are paid.
Order Book 44	October Term 1909 Page 41	Spindler, George J. et al	Blood, Perry et al		Case 8629 Foreclosure of Mechanics Lien. Case is dismissed and costs paid. Auburn Courier for Oct. 7, 1909 states demand was for $7.18
Order Book 44	October Term 1909 Page 43	State of Indiana in relation of Ida Conaghan	Runion, Edward		Case 8619 for Support. Court finds that ample and sufficient support and provisions have been made. Case dismissed.
Order Book 44	October Term 1909 Page 16, 35	State of Indiana in the relation of Edward M. McKennan	Zeek, John A. Supt. Of Garret City Drain		Case 8606 For an Alternative writ. Page 35 Cause is dismissed at the Plaintiff’s cost.
Order Book 44 Auburn Courier	May Term 1910 Page 475, 499 May 4, 1910	Storer, Oliver W.	Humphrey, John H		Case 8801 On Note Attorney comes with appearance of J. Earl Foutz for the Plaintiff. Page 499 Case continued. Paper states: Oliver W. Storer versus John H. Humphrey is the title of a case which has been venued from Allen County to the DeKalb Circuit court for trial. The suit is on account.
Order Book 44A	Vacation after Dec. Term 1909 Page 303	Swander, Emery	John E. Baker Moss Co.		D.C. Buhler a Justice of the Peace for Keyser Township. Court finds for the Plaintiff that he is entitled to recover $18.
Order Book 44 Auburn Courier	October Term 1909 Page 17 October 11, 1909	Swonger, Thomas J	Rose, Ensign B. et al	Catharine Rose etal	Case 8463 To recover judgment & declare Lien. The regular judge of this court having been counseled by the Plaintiff as attorney prior to his election as judge of this circuit in regard to the merits of this case, the venue is changed and Luke H. Rigley regular judge of Nobel and Whitley Co is appointed special judge to decide the case. Judge Bratton having been consulted by the plaintiff in the Thomas J. Swonger vs. Ensign Rose et al he is disqualified to act as Judge and by agreement of all parties concerned the Hon. Luke Wrigley, judge of the Noble and Whitley circuit, has been appointed to hear and decide the case.
Auburn Courier	December 20, 1909 December 23, 1909	Thorn, Esther	Hart, Roy		Squire Green last evening rendered judgment against Roy Hart in the amount of $180 in favor of Mrs. Esther Thorn. Who had filed action against the man a few days ago. A summons was issued for the defendant and the case set for trial Tuesday afternoon at 2 o’clock. Hart appeared and stated that he was willing that a judgment be rendered against him and that he would pay it as soon as possible. From information obtainable at this time, it seems that Hart borrowed the money of Mrs. Thorn for the purpose of buying a horse. After buying the animal he mortgaged it to obtain money with which to make a first payment on a piece of land in Michigan. He has failed to repay the money he borrowed and Mrs. Thorn is therefore left almost penniless. She had anticipated a trip to Ohio and may be compelled to give it up on account of lack of funds. Hart promised to give the woman ten dollars some time this week. Roy Hart is certainly getting his apportionment of notoriety in police court lime light of late, the latest charge which has been instituted against him, being that of failure to pay taxes on a dog which he had in his possession at the time the assessor made the route, Prosecutor Smith having secured conclusive evidence of Hart’s infringement of the law, has filed an affidavit In the court of Justice of the Peace A. P. Green, in which is embodied the above said charge. The warrant was placed in the hands of the constable today and the defendant’s arrest will be effected unless he has made his getaway to Michigan. Hart, it will be remembered, was the defendant in an action brought by Mrs. Thorn a few days ago, and judgment was taken against him for the amount of $180. It is said that Hart is anticipating an application for a divorce form his wife so he can wed another woman to whom he is charged with paying much attention during the past few months.
Order Book 44	May Term 1910, Page 492	Town of Altoona	Toledo and Chicago Interurban		Case 8138 Damages.
Auburn Courier	May 26, 1910	Trapp, Adam	Estate of Jacob, Trapp, deceased		Paper states: A case considered a peculiar one, and one in which a party to the action proved his rugged honesty, notwithstanding his opportunity to defeat is opponents out of a sum of money was settled in the circuit court this morning. Adam Trapp had filed a claim against the estate of his deceased father, Jacob Trapp, asking for $550, which he claimed, was due him for caring for his parent for fifty-eight weeks. The administrator, John Trapp filed a cross complaint alleging that the complainant had borrowed forty dollars of his father before his death and never paid it. Mr. Trapp admitted having done this and proceeded to dismiss the action and consented to the rendition of judgment against him for thirty dollars.
Auburn Courier	May 4, 1910	Trapp, John	Skelly, Solomon et al		By his attorney, E. M. Keenan, John Trapp last evening filed a quiet title action in the circuit court against Solomon Skelly et al.
Order Book 44	March Term 1910 Page 399	Trittips, ?	Fee, Reba et al	Other Defendants: Hattie Fee, Edson Fee, Willard Fee and Electa Fee	Case 8776 For Partition Part of document destroyed by 1913 fire. Infancy of Hattie and Reba fee is suggested and d. M. Link is appointed guardian ad litem. Name of Rheba and Reba are the same person. In the Recorder’s Office Deed Book 79 Page 509 there is a Commissioner’s Deed for the cause of Martha Trittipo vs. Willard Fe etal this at a later date than the above and refers to Order book 45 Page 37
Auburn Courier	October 11, 1909	Trout, Eugene estate	Lock, Dell executor		The executor has filed a current report which was approved The executor is authorized to borrow $300 at 6 per cent interest for the use and benefit of the estate. He filed a bond in the sum of $1,000.
Order Book 44	December Term 1909 Page 199, 228, 247, 248, 249	Tryon, Lydia F	Mason, Thomas		Case 8688 Partition of Real Estate. Court finds for the plaintiff that the plaintiff and defendant are tenants in common of the Southwest ¼ of the Southeast ¼ of Section 22 in Township 25 North of Range 12 East. About 10 acres of land of the West side of said lot…. T. A. Redman is appointed commissioner for the partition. Page 228 Commissioner files his bond for $2,000 with C. Fitters and Augustus Fitters as sureties. Court orders Commissioner to proceed with sale. Page 247-249 Good share of the document destroyed by fire. Thomas Mason was of Noble County. In Recorder’s Office Deed Book 82 page 363 there is a Commissioners Deed for this transaction.
Order Book 44 Auburn Courier	December Term 1909 Page 174, 177-178 December 13, 1909	Young, Ira E.	Zern, Jacob		Case 8676 On Note. Page 177-178 Court finds for the Plaintiff that he is entitled to recover $106,55 Also, the chattel mortgage on 1 gray horse 14 years old, 1 Durham milch cow, 1 Turnbull (4 in. tyre) wagon in good repair as therein alleged is entitled to foreclose and monies to be paid plus costs by the foreclosure. Any remainder after sale to be paid to the defendant. Ira E. Young has filed a suit in the court demanding judgment in the amount of $125 from Jacob Zern, The suit is brought on a note which is long since due at the City National Bank, according to the complaint The note called for $92.
Order Book 44	October Term 1909 Page 41	Vanfliet, Donley B.	Blood, Perry A. et al	Other defendant Martha Blood	Foreclosure Mechanics Lien.. Cause is dismissed and costs are paid. Auburn Courier for Oct. 7, 1909 states demand was for $55.
Order Book 44	Vacation after Dec. 1909 Term, Page 301, 302	VanHouton, Rena Admr of the Estate of Judson Van Houton, deceased	John E. Baker Moss Co.		Before D. C. Buhler, a Justice of Peace for Keyser Township Plaintiff states that the defendant as a corporation is indebted for stock food sold by the Plaintiff to the defendant. Amount is $51.35 and costs. In Recorder’s Office Deed Book 79 Page 309 The Loan and Trust Comp. of Auburn in Probate Trial Case 6840 was the Administrator of Judson S. VanHouten Estate and Plaintiff was Rean Vanhouten Drust was defendant. Distribution of funds.
Order Book 44	March Term 1910, Page 345-347	Voss, Louis P. et al	Boyer, Edward Et al	Other Plaintiff: Mata Voss Other Defendants: Oliver Boyer and wife, Nellie Dwyer, Electra L. Thompson , Carrie Boyer, John B. Jarvis, John Frathington, Calvin Crane, Artemon Corbett, and all the heirs, etc of the defendants.	Case 8698 For Quiet Title Notice published in the newspapers regarding the case for the non-residents. Court finds that the plaintiff is owner of Lots 71, 72 in the Original Town of Waterloo.
Order Book 44 Auburn Courier	October Term 1909 Page 20, 92, 93, 94, 107, 108, 110, 113, 114, 117, 123, 127, 128, 144 May 26, 1910	Walley, William	Willey, James C		Drainage. Page 92, 93 Case 8492 Damages. Given to jury for trial. Page 94 Case is continued. Page 107, 108 case continued. Page 110 Case continued. Page 113 Further evidence to be heard. Page 114 Evidence continued. Page 117 Evidence is continued. Page 123 Case continued. Page 127, 128 jury retires to room Jury finds for the defendant. Page 144 Plaintiff files for a new trail. Attorneys Powers ad Yeagley came to Auburn this morning to argue a motion for a new trial in the case of Walley vs. Wiley verdict for the defendant,
Order Book 44	March Term 1910 Page 362	Ward, Thomas	Baltimore and Ohio R. R.		Damages.
Order Book 44	October Term 1909 Page 23, December Term 156, 159, March Term 1910 Page 323	Weicht, Viola	Weicht, George et al	Other Defendant: John Weicht	Case 8531 Page 156 Case continued. Page 159 Plaintiff is granted 20 days to file amended complaint and if not filed judgment will be entered against her with costs. Page 323 Plaintiff dismisses the cause at Plaintiff’s costs.
Auburn Courier	May 24, 1910	Weil, Abraham	Warehouse, Amelia		Paper States: County Clerk W. A. Austin has received notification from the appellate court to the effect that the case entitled Abraham Weil vs. Amelia Warehouse, which some time ago was appealed, stands unchanged. The judgment of the lower court has been affirmed.
Order Book 44 Auburn Courier	May Term 1910 Page 449 March 31, 1910	Weiss, Charles	Daub, Arthur et al	Other Defendants: Realer Estate and Improvement Co.	Note and foreclosing Mortgage Cause is settled and dismissed. Paper States: A new case was this afternoon filed in the circuit court entitled Charles Weiss versus Arthur Doub, et al. The action is for the foreclosure of a mortgage and sale of property to satisfy indebtedness.
Order Book 44	October Term 1909 Page 6, 24, 26, 281	Wheeler, Charley C etal	Grogg, Isaac et al	Other Plaintiff: Emery Screen Co. Other Defendants: Auburn Novelty,	Case 8617 On Account. The defendant appears by P. V. Hoffman and is ruled to answer. Page 24 Case continued. (Defendant known as Isaac Grogg Novelty Works) Page 26 Case continued. Page 26 looks like it is the Wheeler screen Co? Page 281 is the Charles C. Wheeler the Economy Screen Co. Case continued.
Order Book 44	March Term 1910 Page 384	Whirlege, James A	Baltimore and O. R. R. Co		Damages
Order Book 44	October Term 1909 Page 8	Wit, Henry et al	Brown, Mathew et al	Other Plaintiff: Rosa Wit	Quiet Title and sale of R. E. to pay liabilities Case 8576. Land sold to Henry and Rosa Wit for $700.
Order Book 44	May Term 1910 Page 560	Wyatt, Mac	Wyatt, Frank et al	Other Defendant: Baltimore & O.R. R. C.	Support. Defendant in default.

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| DeKalb County, Indiana GenWeb Project | Complaints & Partitions - Book 44 |
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