The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1889-12-14

livered when they were made, nc
proof showing to the contrary. This
decision, unless reversed by a higher
court, confirms the deeds, and leaves
the estate In the same shape it was be-
fore suit was commenced.
The Payne Case.
The Payne NewcOmb case which
has been brought before the Supreme,
Appellate and Circuit Courts Of this
state was finally settled by Judge
Dibell. Mary and Joseph Payne, the
compliments, and George w. New
comb, Herrick Stevens ct al. the de-
PENDANTS. Patton of Pontiac and
Brewer & Strawn represent Payne and
Judge Woods of Pontiac and Arm
strong Of Ottawa are attorneys for de.
PENDANTS. Over six hundred and
thirty pages Of type written testimony
was taken in the case. The case was
to have been argued in Livingston
county but change of venue was
taken to the La Sale county Circuit
Court.
The Judges opinion is quite lengthy
and favOrs the defendant Stevens in
many particular.
The Masters report was fled
Wednesday and the hearing upon eX-
ceptlOns to same took place yesterday
morning. The final decree, overruling
all exceptions by complainant to the
masters report filed Nov. 4, and over
ruling defendants lst, End, 3rd and
9th exceptions to said masters report,
and overruling defendants exceptions
to the masters report on the reference
filed Dec. IL, finding due from COM
plainantS to defendant Stevens, on
Nov. 4th, $2'l4S.3s. The Court held
that complainant would be permitted
to redeem, upon paying Stevens the
above sum Of money, with interest from
Nov. 4 at the rate of six per cent per
annum, within six months from date,
also the costs of the suit adjudged
against the complainants, shall be
forever barred of their equity of re-
demption in the premises, described
in the pleadingS. If there is failure
to redeem the compliments shall sur
render possession to defendant, Herrick
Stevens, and writ of possession and
writ of assistance shall be issued from
the Clerks office of this court to the
Sheriff of the county in which the
lands are situated, to put Stevens in
possession.
If redemption is afterward made, all
the defendants shall release and con-
vey to cOmplainantS all interests in
the premises, and the master shall
then execute in their names such re-
lease. Stevens is to pay three-fOurths
of the costs for suing and Subp9naing
witnesses, witness fees, fees of master
in-chancery for taking testimony, and
the remaining One-fOurth of said costs
and all other costs are to be paid by
the compliments. 1t was finally
ordered that executions issue for all
such costs.
Catherine Schmidt v. Christian
Kratz. Partition. The case was sub
mitted upon pleadings, and proofs
and decree establishing lien and for
partition, as per the declaration, was
ordered. Judge Snyder is guardian
ad Item for VIM. Weisel, Jr., and John
Weisel, two of the defendants.
The foreclosure suit of John l.. Mar
shall v. Jos. Schweitzer ct al. was con-
tinued on motion of the complainant.
MOlOney & Stead, attorneys for COM
plainant in the case of Slingsby V.
The Town of Wallace, have made a
motion for leave to file amendment to
the bill is filed originally.
Leave was granted Johnna Finkler
to file an amendment to her answer
in the partition case of Hunt V. Fink
Ter. The amendment and croSS-bill
was filed. Rule entered to answer
cross bill by the first day of the next
term.
The master-in-chancery filed his re-
port of sale in the case of Ann Trainor
v. Mary Kelly. The report was APP
proved and ordered recorded.
John G. Feldes V. Lawrence Norris
sey. Injunction. The motion of COM
plainant for appeal from order dis
solving injunction was denied.
George Chase, the La Sale minister,
was given decree of divorce from his
wife, Anne Kate Chase, yesterday.
Mrs. Chase was in court and repre-
sented by her attorneys, Messrs. Crews
and Owen, OF Chicago. The court
held she deserted her husband two
years ago and fixed an alimony of 800
per month tOb paid her by Mr.. Chase.
The complainant will have the GUS
tody of the two eldest children, and
defendant the youngest child.