The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-07
A RECEIVER FOR REAL ESTATE
JOHN o. SMITHS PROPERTY THE
SUBJECT OF LITIGATION.

Indebtedness to Htm-A Claim That
IL Is DcteriOrating and His Secu-
rity Decreasing in Value-A Spicy
Answer From the Defendant
Charging Usury-A Counter Claim
Also Put In-The Famous Annie
AgIeberGer Gets Twelve Months on
the Gang-CharIes Lowe Sentenced
for Illegal Voting.
| suit was filed in the superior court
yesterday asking for a receiver for the
| property Of John o. Smith, consisting Of
about fifty houses and lots located on the
Thunderbolt shell road. just west of the
toll gate.
The application for the receiver was
made by Francis J. Champion, represented
by A. g. Wright Esq. Mr.. Champion
holds Mr.. Smiths note for 5000, which
Is secured by mortgage on the property
but he alleges that the defendant owes
him $4,000 25 under a judgment secured
in the city court, and that this amount
must also come out of the property
! Under these circumstances Mr. Cham
pion alleges that the defendant is insol-
vent. He says Smith. has been very negli-
gent about looking after the property. and
although many of the houses were damag-
! ed by being unroofed and otherwise in
the September storm, they have not been
! repaired. He has failed to keep IN the
! insurance on the houses and other build
lngs, and Mr. Champion himself has had
| 10 pay out something like $500 in premiums
1t is also alleged that some $500 or $500 tax
| es have accrued, and executions have been
issued against the property on this ac-
! count
For all of these reasons Mr.. Champion
holds that his security is rapidly deterio-
rating, and that he will suffer material
loss unless some steps are taken to pro
! tect the property. He brought q suit In
o me superior court some time ago to fore
| Slose the mortgage under the Sc 600 note,
! because of a default on the interest but
the interest, amounting to $40, was after
| wards paid, and the foreclosure proceed
! ings were stopped by the court The
! plaintiff asks that receiver be appointed
! 70 take charge of the property and sell it
from INTO the court to be held subject to
/ us orders. Ii the court does not deem this
procedure advisable. he asks that a re-
celver be appointed to take charge of the
| property, to see that the proper repairs
| are made, that it is kept in a good condi-
uon' that insurance and taxes are paid,
ana mat the rents accruing are turned
| into the registry of the court to be held
subject to the courts orders.
Mr.. Smith, through his attorneys has
| filed an answer in which he denies a great
many of the allegations contained in the
| Dill, lie admits the indie btedness of 5000.
under the note and mortgage, but not the
| other Indebtedness, and he denies that
| there has been carelessness or negligence
In the management of the property.
| The defendant in his answer charges
! usury on the part of the plaintiff, assert
ing that in return for his note of 81, 600, he
received only $500, and still has been
charged interest right along on $1,000 at
| eight per cent. The amount of usury
agreed upon, he says, was $240 every six
months.
In the next place he makes the claim
| that the plaintiff is indebted to him in the
| sum of $4,000 damages and 800 attorneys
| fees, on account of the fact that the plain
| tiff sued out garnishments against his
tenants from whom 500 to $500 a month is
! due.
After these garnishments had been dis
| missed, the defendant says the plaintiff
| had them sued out again, and by reason
of the fact that he could not then collect
the rents he explains his inability to pay
| the interest on the $1,000 note, at the time
| when the foreclosure proceedings were
| brought AS against the plaintiffs claim
| that the property is not worth the amount
| of his Indebtedness upon it, he makes the
| statement that Mr.. Champion made him
| an offer of $4,000 for it, which was declin-
Judge Falligant did not appoint a tenn
| porary receiver. but signed an order re-
| curing the defendant to show cause be-
| fore him Tuesday, Feb. g. why the prop
| erty should not be placed in the hands
! of receiver.
In the suit of ]. w McIntire against
! Crohan Dooner the court signed an or
| der directing the receiver, Mr. c. Fraser
amount collected from the sale of some
| goods identified by that firm as having
been purchased from them.
John p. Mcintyre filed a suit against the
| City and Suburban Railway Company for
| 5000 damages for injuries alleged to have
been received June Is last by the violent
| and sudden starting of car to which
! he was holding at the Bolton street juno
ton. He says he received injuries. which
in flo f.1l xrGiG 10 ole
! wants his physicians bills paid.
The court heard argument in the
case OF Nicholas Lang against the Adver-
Using journal Company petition for in
! junction and damages for breach of con-
tract, and took the matter under consid-
The following interventions and claims
were filed in the litigation of the Read
ing stove works against James Douglass:
& Co. for S64.4S and f. NJ Borden & Co.
for $500.
Judge Norwood disposed of quite num-
Der OF petty criminal cases in the city
court yesterday, and several old Offenders
were sent out to the gang for good terms
One of the most interesting cases was
that of Annie Agleberger, who was known
as the woman who lived with Abe Small
prior to his Staying Neve. 1t was she
who ran the fence and took in the stol-
en- goods brought In by the notorious
thieves Dan Rivers and William Baker
Rivers and Baker, as will be remembered
pleaded guilty i'm the superior court TO the
charge Of burglary, and each was given
five years in the penitentiary
The Agleberger woman was charged
with receiving stolen goods, and was SEN
fenced to pay a fine of $25 or spend twelve
months on the chan-gang.
Chas. Lowe, colored, was before the
court on a charge of illegal voting, and
it was shown to the satisfaction Of the
court that he attempted to vote i'm the city
election without being legally registered
and qualified. He was sentenced to pay
a nne OF $21 or spend twelve months on
the chain-gang.
A .vagrant with the phenomenal name Of
William T. Hustler was hustled off to the
poor farm for a month; because he could
not show TO the satisfaction Of the court
that he was what his name implied Dave
Hickson was sentenced TO pay fine OF s25
or spend three months on the chain-gang
for assault and battery. Dan Henderson,
who assaulted a. white man, after he had
been placed under arrest and was being
taken to the barracks. was sentenced 10
pay a fine Of SIS or spend six months on
the chain-gang. Edward Price and Joe Nc
Nell were sentenced 10 pay SIS each or
spend twelve months on the chain-gang for
larceny from the house. John Ross and
Aaron Aston two warrants WoFo Zach