, 1870-02-08
Court Specialn,

A1tOA4h ANdNAnEt us&4Wk AAG OCk00fr !, 1919.
II object Of The trxLsftr vas TO secure Start
weather Tor reLts then due from Balmer On q patt
OF Lot II, Block u, Original Town, and also to &C.
nbte. 80 " -
TIE bill aleges that in September, 1858, Start.
weather, nho vas irland and brother Ms.on Of
Bsn e1, s1sIted him at bis house, AID, in auswes
10 Lis itQur1es As to how Balmer was getting
aorr, was told TINT he was haIAbted BY dehts
.eat be sas urntle 10 psr. that lie was paving To-
teIcal At pei cen, per month"; etc. to keep himself
up. TneIeupon S aIk3eather proposed TO ass:st
bblMEr to procure loan3 10 eu8h!e him 70 pay OF
bic debts; thAt he would do thla without caarse,
tr2Ltlers we're ua1e, and about tha. time ptouis
s6ty nott9 were aligned 1E blank and given to
S allWesiher on Eaco 70 boIov money. the
tmhprseu EFT Tnr bill atso charged fraud ard
u'Ur5 10 i3rge ez'ent, 10 The disadvantage OF
the coup a1psnt: bat es complainant as 10 mo4t Of
IAese wns IL coufateut a. q witness, thay msinly
drrpptd out Of the caree Fsr:c.: .ra.aac:ioag
srcn1ied sub.eQuents BY which ali the property
covered By the trust deea and chastel mortgage
,t sl1 ~ PEI. ] O. eny eo@pn. W., ns,Srs ne
lhIed 10 the Egt1nan mortgage.
January, 1859, tee neceasltles Of Baauer be-
ssaiIsealner Tie policy Of of dSposirg OF ms n,; :
tine, however, Balmer had eatoest desired not W 70
l6a saIkwea'hef ade eorts 10 re Sell tne mor, :.
asge, AID Cd the $50 Of September, 1859, Dalruer
wave ltm Wrtten aulholtty TO tetl, requiring, hoN.
CsEIt kAAt G0o RI I& kuAtE 10 lEiA IQaN ~
On tue following Sd of NoEeuber, Balmerreiea ,ed
TO s.afks Gather all bis intetestln ths nos aud
nortt aRe, the consideration expressed being Hfor
o 70 & toe a and sssonss L
Ssd''sS e bs3@ss ."ss!ss,
made credits for interest For sone time pre.
cedinR this S1aIkwcatner mad been IN treaty Win
pas,its Eass that hey aaon!d pntshsse the mort
IN o1+r Of T. 900 LOT the security. On the III or
Move lnter eale was effected, and on tue ed
t.snt1sr WAS adc Tor $500. Charles r. siaIk.
ers 10 collect the interest upon the mortgage, On
me 81 q October, 1863 hll WAS lied to 1oreciose
tne o nottg,ge. ne oiiginal mortgsgor being the
pissed and tase was made Tor $3.50, leaving
atout s., 900 Unpaid upon the note, the Complain.
~ ~ III hat pIoeeea,5s pqa.chasag Jaaasy =
pI.d and re property rot being
soess nos 11D.ns et,e, me g5opsI!y Tas cor
convey snce was BY quit Claim deed. Srarkwea.
rher dec IN Augu4e, 1861, leaving defendants IN
tbs kroceedlog hts execntora. The bill claimed
thai The trsIAier Of the Egerman mortgage and
note ty Ba'msr to Sa1kxeather WAS bY way OF
mortgage, 10 secure existing Indebtedness and t1-
1uro adva1ces, and prsJed that paln,tr might be
alloW ed 10 redeem, IS well az Tor an accouuurR
for lhe Ie1ts and prcts received, and fur general
relief: The ausa CT cenled all fraud, and claimed
~ os5aa Bal
fer TO the EsserD parties was bona tfds Bale au-
thorizeh BY Balner, aud that IN the rep1rcnase of
the lard, 10 1865, By Charles R StaskWeatner, be
toek Nna ifee ard clear OF al equity OF Balmer
10 redeem.
Under this state Of case decree was ordered
ailoHlL0 redemption b. D2lmer, ss of q second
noIlRagor Eo' 1oleclohed BY the proceeding under
PARTNERSHIP DIFFICULTY,
Henry ". Gruhbs '. James Ratnoone. Ipjunc-
tion shned, By neans Of which to eIforcs the set-
lieu Gtt or an ALLEGED CO-UAftNPfbhtn and IN va
et1ain the defendant from interfering with the
insects, etc. The parties contracted together In
March 10 he close Of DseembsF ri Ill and lr9I i Is
coaig.o that defendant refuses TO setue accounts
slo pay over. v,,,,,
Lsufa AEdeIEon '. E DePoW 4Wany Admins.
tIa'or es al Bill fled to eDfolee the SPECIFIC per
teinance of an alleged contract for tho convey
a!ou Of secion -. %, 4 east
Petition q George aoamels!sr, guardian, 70 sell
"a pe.1e becree entered for .ne sac anu q IS
ac1ta cf lard IN Ford County, the north west quar-.
ter Of northwest quarter Of Section 80, -, ..
..- IDIlCENAF9 APPEAL ..
The APPEAL Of Richard 81 ppey from tie decinon
OF the Hoard Of Pouce d1schafgt1R him from The
crce OF Sergeant Of Police was taken no Jester.
Dig. The hearing u not yet concluded The appel
!ait Was oitntseo, having theretofore had charge
Of the cub station ~ Coit1ge Grove, on variety
OF charges.
& Wrran YAe,qv Hsnsnn sTiA iuctr,+,, ...,-
E Van Schsick ann nanfst Viii ~ H. Aasnooy
fhe srhonner Cur;ew rssa M9'o, 49,, u~aets VI
5000. ~
pa>e~3a,s. f,s...
o-oo1 oou]
@ IN ne divorce ca!e q Wlllians '. Wlliamp,
which 10 proceeding on the part Ut the wife fol
tie dissolution Of the martial relation she char0-
:rg her husband with wi.tnl and causeless tesef-
toD. ile qusston cane up "a to the 1ignt OF the
sem % 1esuIE n nes own behalf and
ss.s.,a a.4 a.soauu. !Ae 4oeslou Was raised BY
p1sa uppas,ou ~ ~ lno aGcs Ance oi ne woman as
~ Easusx eue pons eC!l maoe IN 1et oenAll t1at
sue mas eLso.tu 20 lestHy oy the act OF 1861, The
PROVISION Q! 1ne statute u
That 40 husband Of Eiie shAn By virtue d Section
thia ae q EtoeeIed csnpetent 70 testlfy for
tcn - I,I X T. any naneaetion Of cnyetsa
w.rcse cu1ipr tEe of M ty, Il,
d,toutop carept ia ca,cs where ihe Wffe n.ond II Il
unmarried, 70 piAintiH cr dcicodaut. or vhtrc fhe
c.usf Of action erons tut II WIpuE or il
The Court (NcAljtsteI) lntlnated an on,n|on
that the wiie vas competent 10 Iestijy, II the
W1rd injury bad been alone used, tho Statute
would be definite a. 10 is meant q.
4 rersuDal wtnng IL an acs rhst
Cepr.ves perEon OF personal right. and the
Cou1t thcnght that laugRsee broad enough to
cover AZ ; case where the complainant IL tne wife
or the husband, even Ct ipaanr,ch an the
brta acn Ct the marital obhgauop ia Wron0. aud q
p.rkCEal wrong. "
NICuAS1c.3 IIEr-SEx FIT.