The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-11-07

| OF lne justice court, WHICH gave ttOII-
man $40.
PEACH CASE APPEALED.
| A transcript from Justice Reigner's
court has been filed with Clerk Cassel-
man in the case of Christian Schumacher
VS. Jacob NJ. Flory, for the purpose of
appealing the case TO common pleas
court This is the action in which At
torney Werntz for Flory got mad at
ruling Of the squire and said he would
not try the case to him further, where
upon the court gave Schmucker judg-
ment for STA. The controversy was
about some peaches that were said to
have spoiled before sold.
SHORT SESSION.
Judge McCarty held short session
of court Saturday morning to take up
the matter of the sale ofsthe Wengrow
stocks. Sheriff Zaiser, as receiver, filed
his report showing that the bid of the
Raymond syndicate, of Boston, of $10,-
660 was the highest offered, Attorney
Craine then filed a motion asking that
the sale be made to the Raymond syn
dicate The court so ordered and di-
rected the sheriff to put the money in
Canton's banks on interest, till called
for. The Raymond syndicate have paid
part of the money and will settle the
balance Monday and take charge Of the
stores.
CASE DISMISSED.
Judge Taylor Friday dismissed the
case Of Edward Feller vs. Charles G.
Johnson without prejudice at the re-
quest of Attorney w. H. Smith for the
plaintiff. In this suit Feller sued for
$500 on a check which the banks re-
fused to honor. There were some dep
ositons to be taken and as the case was
not ready the plaintiff had the action
dismissed and will start over again.
TO GET TESTIMONY.
Attorney T. F. Turner came before
Judge McCarty Saturday and secured
an o. er for perpetuating the testimony
of Herbert c. Smart in the long line of
cases in which John Melbourne and 9TH
ers are sueing Charming w. Richards,
as receiver of the Aetna Fire Insurance
Co. The petition recites that owing to
the condition of Smart's health he is
not now and probably will not be able |
to come into court to testify. Judge |
McCarty ordered his testimony to be
taken November in the presence Of |
w. J. Oby as notary.
PROPERTY SOLD.
The sheriff Saturday morning sold the |
Blum property on South Cherry street |
in the partition proceedings of Norman |
VS.. Louis Blum. Louis Blum was the |
purchaser at $4,000. The place was ap-
praised at $2,40O. The sheriff also sold |
the property in the case of the First |
National bank of Massillon, VS.. c. A.
Dumbleton ct al. The lot is located
on South Cedar street, Massillon, and
was appraised at $4,000. ]. M. Lees was
the purchaser at $3,710.
A GUARDIAN REFUSED.
Judge Wise on Saturday heard the
application for the appointment of a
guardian for Mrs. Peona Kipfer. She is
over 70 years of age. 1t was alleged
that she loaned her son John $4,000 five
years ago and that he refuses to give a
note return the money or make any ac-
counting. A guardian was desired to
make the collection. The court refused
to make an appointment.
A BANKRUPTCY CASE.
Lindley Fogg, Of Cleveland, as trus-
tee of Calvin d. Crowl, appointed in the
bankruptcy court, Saturday, began suit
here against Uriah Haines for 81, 1877. He
alleges that within four months of the
time of going into bankruptcy Crowl
conveyed to Haines by chattel mortgage
81, 1877 worth of goods and that under
the bankruptcy law these must go to the
trustee to be applied for the benefit Of
creditors.
TO COLLECT ROYALTY.
I. B. Shilling, as administrator of Pc
ter Shilling, Saturday began suit
against e. G. Krause ct al for $1,504.
The petition alleges that Peter Shilling
gave Krause a coal lease on land owned
by him, Krause agreeing to pay a roy
atty of not less than $102 a year.
Krause has never mined any coal nor
paid any royalty. At $102 per annum it
amounts to $1,5O7 now, for which sum
judgment is asked. H. b. Webber rep
resents the plaintiff.
A TANGLED AFFAIR.
Judge Taylor heard the case Friday
afternoon of Patton's administrator VS..
ct al. The testimony showed a
condition of affairs very much tangled.
Sandals had sold two lots to John and
William Hay, they assuming to pay
some notes and mortgages. He sold
one note of $1,000 to Harriet Rex and
gave one of the mortgages. His admin
istrator sued to collect the other and
foreclose. When the case came in court
1t developed that Patton had given Har-
ret Rex a mortgage upon the ground
owned bv Fred Belden instead of the
adjacent lot owned by the Hays and
the mistake had never been noticed.
SO Harriet Rex had the mortgage be-
longing to Patton and he had the one
she should possess. Judge Taylor de-
cided that the mortgages should be
exchanged. Attorney Lynch for the
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