The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1895-05-30
COURT House news.

Eliza Shanafelt has commenced an action
against John A. Howenstine, a local real estate
man to recover $3.50 which she alleges he
obtained from her by fraudulent representa-
tons. The petition alleges that Howenstne
represented to her that he had been sent to her
by her son Irwin f. Shanafelt, who recon-
mended her to purchase lot No 4s in the
Smiths addition to Canton then owned by
Adam and Nancy ]. Edgell Howenstine, she
alleges, represented to her that he had the
property TO sell and that 81 100 was the lowest
price the owners would take for it. On the
strength of these representatives she paid him
$3.50 in cash and executed her notes with
mortgage security for the remainding $3.50.
Since then she alleges that she has learned
that the property was placed in Howenstine's
hands at $3.50 and he delivered to the Edgells
SiOO 10 cash and the mortgage note for the
balance, appropriating to his own use the other
$3.50. She asks judgment against him for the
$3.50.
Receiver Asked For.
The Magion Manufacturing Company has
brought suit against George Holl to recover
| 81, $50 alleged to be due on note secured by
chattel mortgage. The petition alleges that
the plaintiffs sold the defendants thrashing
machine. engine, water tank, belts, etc, a
traction engine and portable saw mill and
other machinery for which he gave his note
and n chattel mortgage on the property. The
notes have not been paid. The plaintiffs
ask Judgment against him for the full amount
and that the property be placed in the hands of
a receiver to be sold and the proceeds applied
| to the payment of their claim.
u.Drawing to a Close.
| The Smell case is gradually drawing to
close. The defense closed their direct
testimony this forenoon and the state
started on the rebuttal 1t is expected
that the testimony will be all i'm and the
arguments will commence tomorrow
The attorneys are now watching each
other like hawks and any attempt to in
troduce testimony to strengthen up u
weak spot is the signal for legal contro-
versy in which authorities pro and con
are argued A great deal of time is being
taken up in this kind Of sparring. The
long trial and strain seems to be telling
on the nerves of both attorneys and judge,
In these little bouts the defense Is holding
tbs own very we'll An attempt was
made by the defense to introduce u letter
written by Mrs. Smell to her daughter,
prior to the shooting in which she stated
that she could not draw any of the insur-
ance money in case of Mackies death on
account of the transfer having been made
by minor. This resulted in a long dis
cussion by both sides but it was ruled
out by Judge MoCarty.
Xu.It
The will of Kate Eichner of Canton. The
will provides that the executor sell all the
property both real and personal including the
houses and lots in Newport, Ky. After the
estate has been converted into money S75 is to
be paid to her daughter Elsie May. The
balance Of the estate is to be divided equally
between Elsie May Eichner and Mary Eichner
Sauerbrey. The will names Mary Eichner
Sauerbrey as guardian of Elsie May and Chas.
Schacker as executor Of the will.
Probate Court.
Jacob d. Wetter, of Massillon, has resigned
as administrator of the estate of Peter G.. Al
bright, and r. w. McCaughey has been ap-
pointed administrator de bonis non,
William Baughman has been appointed
guardian of Wilbur and Chester Baughnian of
Pike township.
J. b. Michner has filed his final account and
resigned as guardian of Clara and Mary
Wikidal
The will of Baker S. Wick Of Marlboro town.
ship has been filed for probate. The will leaves
everything to his wife and names no executor.
The widow of Ephraim Roger OF Tuscarawas
township has elected to take under the will.
Mary Miller has been appointed guardian of
John Miller of Lawrence township.