The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1897-11-10
IT WAS REJECTED.
THE HoRRs MAKE A PROPOSE.
TIoN TO THE CREDITORS.

There seems to be general in
quiry as to what is being done in the
electric light case what will be the
next step; will it go to the supreme
cour, etc. We will say that under the
decision of the circuit court ordering
the sale of the plant and the priority
of liens, the receiver would get moth
ing, and unless an agreement can be
arrived at by and between all inter.
ested parties whereby he should re-
ceive some pay, it is more than likely
that he would file petition in error,
and take it to a higher court. With
such an agreement in view number
of attorneys met in Cleveland last
Thursday, and settlement was agreed
upon which would pay the receiver
and the receivers certificates, provid.
ing the Horr's would agree to accept
the $4,000 decreed to them by the cir
cult court and thus end the matter.
But this Mr.. N. T. Horr absolutely re-
fused to accept, and positively declined
a cash offer of $500. The only propo-
sition he would consent to was the fol-
lowing, which gives them about foul
acres of land containing the pond and
$3125, less $3.50 per acre for the land
they retain.
To the plaintiff and associated defen.
ants:
GENTLEMEN For the sole purpose Of
endeavoring to adjust and settle al
issues made in this cause between III
and those parties to this action who
may join in the acceptance Of this
proposition, the undersigned hereby
offer to consent to the rendition of g
decree in this cause to which all the
chief contractors under The Warwick
Company shall consent, finding that
the Warwick Electric Manufacturing
Company is the owner of that part Of
the premises described in our cross.
petition, bounded on the north and
east by the boundary lines of six acres,
on the soul by line running wester-
ly from the east line at right angles
thereto along the southerly crest OF
the filled land, and on the west by a
straight line so drawn from the south
erly boundary line to the northerly
boundary line as to pass between the
buildings on the east and the pond on
the west and distant from said pond
twenty feet at the nearest point, and
so as to leave the southerly line as far
to the west as possible, subject to a
valid first lien vested in us as grantees
of Della and Mary Mullen, venders, in
the sum of $1,000 bearing interest at
six per cent. from August l, 1895;
finding that we own and are entitled to
tie possession OF the remainder of said
premises described in said cross-peti-
tion and ordering all parties to sur
render such possession to US; and
ordering that the premises so found
to be owned by the Warwick Company
shall he sold and the first proceeds de-
voted to the satisfaction Of said vend-
or's lien, and the taxes assessed
against said premises described in
the cross petition for 1897 and prior
years to be next paid out of said pro.
ceeds.
The decree may provide for, or we
will agree to convey on demand, as al
easement appurtenant to the premise:
ordered sold, the perpetual right tt
maintain an intake from the water O
said pond and to enter and protec
the same, and the perpetual right tt
draw from the water OF said pond suf
ficient thereof to satisfy the needs fo
use or consumption on said dominan
premises Of its owners or occupant
for all purpose, any waste or surplu
when so returned shall not be in con
dition which would render the waite
of said pond nuisance or unfit for us
for generating steam in boilers an,
also to draw therefrom sutflcien
water to furnish away from said prem
ises to the village of Wellington, or it
successor.
To this we will consent on the ex
press condition precedent that her
be paid to us in money or secured t
us in i'll bankable paper satisfactory t
us with interest from June IA, 1885,
and to mature not later than Januar
/, 1898, a sum of money which sha
be determined at once in the followin
manner:
We charge the investment with tn
amount paid by us to Della and Mar
Mullin, December IA, 1896, $4,000
Interest theron to June IA, '97, 90C
Our cash expenses incurred, 35.(
Total $3,125
There shall be deducted therefrol
the purchase money protected by OF
vendors lien aforesaid, $l,300.(
Interest thereon from August / 1S9
to June Ia, 1897, $685..
Together with such sum as the walt
of the land found to be owned by /
figured at $3.50 per acre shall amour
to, the exact acreage to be ascertaint