The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-26
WANTS REAL ESTATE SOLD.
CREDITORS OF JAMES DOUGLASS
FILE ANOTHER PETITION.

/ They Say the BrOughtOn street store
Can Be Sold Now For More Than
| $3O,OOO-Mr. $. Meinhard Holds a
Mortgage for $4,000 on 1t, and thu
Equities Are Also MOrtgage,l.
Judge Norwood Decides That COrO-
ner GOette's Testimony Must stay,
and the Wells Damage Case Will
! Go TO the Jury.
The attorneys representing the credi-
| tors of James Douglass filed a petition in
| the superior court-y yesterday, asking that
the Broughton street property of the de-
| PENDANT the store now occupied by the
! Falk Clothing Company, be placed in the
hands of Receiver John R.~Dillon, and sold
| at once to pay the balance of the indebted
ness.
The petition alleges that after paying
all claims as directed by the court the re-
ceiver will have on hand about 1896 80,
| from which two other small claims will
probably have to be paid, leaving bal
ance of a little more than 5000. It then
goes on to show that the net rents from
the property owned by Mr. Douglass, the
Falk store, the Currietown property and
the residence property aggregate $685., after
the payment of interest on the mortgage
indebtedness, taxes and insurance This
amount, it is stated, is not sufficient to
pay interest on the outstanding indebted
ness.
1t is alleged that the claim of Mr. F. X
Douglass amounts to more than $1,000, and
that he also claims a lien on the Broughton
street store. The amount of the claims of
| the petitioners the Reading Stove Works,
Orr Painter & Co., and others, now in
court is $6,97S.21, and it is believed they
will finally aggregate $500 to 5000. Then
the indebtedness of 5000 to Mrs. Ellen T.
Douglass is also mentioned.
In order to pay this Indebtedness, out
side of the Menhard claim for $4,000
which is secured by a deed on the Brough-
ton street store, it is stated a large
sum of money will have to be raised and
therefore, that the Broughton street store
should be sold as soon as possible. Now
is the season, the petition says, when
such property can be disposed of to adj
vantage, but that season will pass by
within thirty or sixty days. The other
property, if necessary, it states can be
The petitioners state that they believe
and are informed that the store on
Broughton street can be sold for more
than $4,000, if offered during the favor
able season, and sit is clear" the petition
says, that this estate cannot be allowed
to go on simply for the purpose of holding
the real estate, when, according to the
above showing, it is not able from the
net rentals to discharge the interest on
the other debts not enumerated in the
deductions above.'
1t is stated further that it will greatly
aid the sale to have the property sold for
cash subject to the Meinhard indebted
ness of $4,000 now resting upon it. The
plaintiffs ask an order of court directing
James Douglass to convey the property by
deed at once to Receiver Dillon, who shall
be directed to expose it for sale, after short
advertisement, on the premises. for cash
and subject to the Meinhard debt. The
court is also requested to fix an upset
price. rfg
1t would appear from the statements in
the petition that an offer has been made
for the property, and that those most in
| terested, the creditors, see a chance to have
! it disposed of and get their money. Judge
Falligant will no doubt take up the mat
ter on his return from Augusta.
Messrs. O'Connor & O'Byrne and Gar
rard, Meldrim 81 Newman represent the
plaintiffs to the original bill, and a consent
to such an order as is asked for, has been
signed by several of the lawyers repre-
senting intervenors.
In the city court yesterday the~trial of
the suit of Rebecca Wells against the
Brush Electric Light and Power Company,
for $4,000 damages, for the death of her
husband from live wire, was continued
When court convened at 10 O'Clock Judge
Twiggs took up the argument against the
motion made by the defense TO strike out
the testimony of Coroner Goette. Coroner
GOette, as will be remembered, testified
that Foreman East, who was working at
the pole where NARROW Wells was en-
gagged in making the connection, told
him shortly after Wells death that he
had said TO Wells: Il don't think that's
our whistle. les the mill whistler go on
with your work.
The defense wanted this stricken out
on the ground that 1t could not bind the
company, being the statement of an en-
ploye at a time when he was not work.
ing in the service of the company. When
Judge Twiggs had concluded his argu-
ment, Judge Norwood announced that he
would not rule out Coroner Goette's testi-
mony. He held that il was a part of the
res gestae on the ground that East was
tho alter ego of the company, and that at
the same time he spoke it was the same
as If the company had spoken, East being
in the employ of the company as fore
man. The attorneys then proceeded with
the arguments in the case which will be
concluded this morning, and the case will
go to the jury.
In the court of ordinary yesterday De-
borah u. Beytagh widow Of John j. Bey-
tagh, filed an application for a Widows
years support. A similar application was
filed by Frances NJ. Tldwell, widow of
Francis M Tidwell
-----------e-D-s-
VISITING THE STEAMBOATS,.
supervising Inspector General Du-
mont I'm savannah.
Gen. James a. Dumont United States
supervising inspector-general Of steam