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.