The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1897-07-30

va VI "DOuV hNSuSV 4, NAi' OuhhhiS
ham, as president of the company,
called at the home of the Mullen sis
ters, having in his possession the
money y, 81 300, with which to complete
the title of the company to the six
acres of land, but found no one at home
authorized to receive the money Mary
being, at that time, in the asylum and
no guardian yet appointed for her. At
later date, Della made application to
the probate court and obtained the
appointment of guardian for her sister,
Then Della began negotiations. with
Cunningham for new sale of the land
on basis of $1,000 as above stated.
Pending the result of these negotia-
tions, at the instance of one of the
creditors, the Warwick Electric Manu-
featuring Co.'s property fell into the
hands of a receiver appointed by a
Cuyahoga county court. The receiver
advertised the property for sale, and it
was sold to Neil Norton, but when the
court came to transfer the property, il
could find nothing for transfer except
the Warwick Electric Manufacturing
Co.'s interests, which, in this case we're
$1,000 of Indebtedness and land con-
tract therefore, Mr. Norton refused to
acct pit it, and it was again advertised
and sold with the same result, the
court refusing to perfect the title to
the property. The property was then
advertised for the third time, and it
was at this sale that the Horr Brothers
first gave notice Of having purchased
the land of the Mullen girls They
net only claimed the land but the en-
tire property, for which they had a
quit-c!aim deed thus further compli-
eating matters already in chaotic con
dition, and which could only be un-
raveled by the court, and the court
must be in Lorain county, where the
property is ituated, acting in conjunc-
tion with what had already been done
by the Cuyahoga county court.
Now we come to the real question at
issue, viz
Is the contract by and between the
Warwick Electric Manufacturing Co.,
and Mary and Della Mullen, for six
acres of land at 81 300, and upon which
the contractors, material men and la
Dor furnished to the amount OF
1928 800, a valid one and in force when
the Horr brothers bought the land OF
Della Mullen; or, did the Horr brothers
acquire any other rights than the Null
len girls had as against the
lein holders by the purchase OF
the land they knowing the real con-
diton of affairs, and also knowing that
others had $2S,500 invested while they
had not cent, but purchased on a
mere speculation?
The court held that the contract was
good that the Horr Brothers acquired
no rights other than the Mullen girls
had and, therefore, were entitled on
ly to the sum of $500, the original
contract price, and that it was prepos
ferrous to come into court of equity
claiming anything else against limo
cent lein holders. The court ordered
/, the property sold: the Lorain county
, court expenses paid first; next, the
81 300 for the land next, such por-
tion of the costs incurred by the Guy
, hoga court as seemed right and just
, and the balance derived from the sale
: to be divided proportionally among
the lein holders.
From this decision the Horr Broth.
ers have taken an appeal to the Cir
, cult court. Thus the matter will have
) to remain until it can be heard aga I
and determined upon by the higher
court.
The query has often been made
during the past nine months-"Why
: don't the council do something to ger
the lights again in operation? Or, why
J don't the village purchase the plan
and operate it?" The mayor and coun
ell are ready to do all in their power
to accomplish this end but as tht
case stands, no power on earth aside
. from the court can give title to- anC
J possession of the property
If the Horr Brothers were willing t.
abide by the present decision of tn,
court it would be but short time er,
something could be accomplished b.
the village authorities
| We trust that this will make tn
situation of the affair plain to ou
+ readers, and that all blame in the mat
, ter will be allowed to remain where i
J belongs, and that is certainly not up
D on the shoulders of the town officials
SOMETHING TO DEPEND ON.
Mr. James Jones, of the drug fir
Of Jones & Son, .Cowden, H., inspeal
: ing of DR.. Kings New Discover,
: says that last winter his wife was a
e tackled with La Grippe, and her cas-
J. grew so serious that physicians ;
Cowden and Pana could do nothin
l. for her. 1t seemed to develop I'M
!. Hasty Consumption. Having d
; Kings New Discovery in store, al
> selling lots of it, he took bottlehon