Daily capital journal. (Salem, Or.) 1896-1899, 1898-11-02
IN LEGAL FIELDS.
Bingham's Attorney Files An Amen
ded Supplemental Answer
O.her Docket Entries Made BY Judge
Boise in Department No, a. Of
the Circuit Court.

A. M. Clough, coroner, w, Marion
county; papers filed.
A Bush vs.. Anthony Klein, ct al
trial set for Monday, o. a. m.
LlIlenthal & Co. VS.. II. Trombley ct
al, injunction; motion to strike out
demurrer and motion for decree
on pleadings, motion and demurrer
submitted.
John McCrow VS.. G.. +, Long, ct, al,
motion to set aside sale; motion al
lowed.
Richard Massey VS.. John Sander et.
al: motion for sheriff's deed; order
granted.
e. T. Carey VS.. II. B. Carey, divorce;
divorce granted; minor children
award TO plaintiff.
without objection Bingham and
Davis 10 their suit for recelvershlr
we're allowed TO file supplemental
answer.
1t states that since the former
papers we're hled, the defendant, A. f.
Hofer Jr., obtained a Judgment
against the Journal Publishing Co.,
and caused an execution tolbe is
sued and the property TO be sold under
the execution, and at.the sale he be-
came the purchaser OF all the prop
IN ha hn
anything at all for the property, and
that his acts, 10 obtaining judgment
causing the sale Of the property and
IN buyiDg II, were In consummati0n
OF a fraudulent scheme TO wreck the
publishing company, and to acquire
all It's property, and deprive the
minority stockholders Of their rights
Ia the matter alleged in the original
complaint; that Defendant A. #.
Hotter Jr.. is director Of the defend.
ant corporation and trustee Of all
It's property. The supplementary
complaint concludes with a prayer
for all the relief plaintiffs demanded
in the original complaint, aud In ad-
dition thereto for a decree, setting
aside the pretended sale tn A. f.
Hofer Jr., and declaring that he holds
the property In trust for the benefit
Of all the stockholders.
HoFER BROTHERS. ANSWER.
Holmes and Sherman for defend
ants today hled their answer TO the
supplemental complaint OF plaintiffs
In substance as follows;
Admit that an execution was
issued on Judgment directed to the
sheriff OF Marion county for $l940.39,
debt due from the CAPITAL JOURNAL
Publishing Co, with costs and inter
est.
Admit that sheriff did levy upon
and sell all the property OF the de,
fendant corporation October 81, 1898,
Deny that the same was sold or any
part thereof TO A. f. Hofer, jr., for
$1,000, or any other price whatsoever
"The Said defendants HOfer Bros.
lur further and separate answer TO
the supplemental complaint OF the
plaintiffs on iile In this cause allege
t1at at the execution sale OF the
property OF the defendant corpora
tion, THE CAPITAL JOURNAL Publish
ing Co., the same having been duly
advertised by the sheriff OF Marion
county, Oregon, was offered at public
sale In due course OF law by said
sh II TO the highest ana best bidder
therefor, and the same was pursuant
TO said notice and proceedings OF the
said sheriff under said sale purchased
by Hofer Bros, for the sum OF 5000,
the same being In excess OF the iudg
ment OF the said A. II. Hofer, jr.,
mentioned In the pleadlngs herein.
THAT due settlement aud payment
was made to the said sheriff and said
execution was by him returned
as fully satisfied.
THAT the said IIOfer BrOs.are now
the owners aud are In the full posses
sion OF the said property so sold by
the said sheriff at said execution sale.
Wherefore, Defendants having fully
answered the supplemental complaints
OF the plaintiffs on Tile herein, pray
for Judgment aud decree as hereto
fore prayed for la their first answer on
die herein. HOLMES & SHERMAN
Attorneys for Hofer Bros.
Judge Boise fixed Wednesday,
November . for final hearing.