The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1899-10-31
LOST THE CASE.
Did Not Get Original Amount
And Is Ordered to Pay
Some Besides.

The three cornered lawsuit between
Christian Werstler, Christie Numan
and Susie Grenamyer was finished by
Judge McCarty Friday evening. After
the lawyers had each taken half an
hour in pleading the court gave his de-
cision. He found that Wearstler had a
right to a water way over the human
land and. had the right to go on the
place to. fix the dam and clean the race.
AS to Numan he decided that he had
no right to complain because the race
1t was not apparent that Wearstler had
right to go on the place and clean the
race whenever he saw fit and because
Grenamyer had not stated this right
in his deed to Numan the court decided
Numan should have damages amount
| ing of 5000. Grenamyer therefore loses
the 1920 Numan owes on the place and
must pay besides $50 more.
Grenameyer, who executed deal to
Numan just like the deed that was
given to him can now hold the grantor
from whom he purchased. This was a
man named Lehman. Lehman pur-
chased from Adam Oberlin and his war
ranty was like the rest. The matter
finally comes to Oberlin and he recog-
nizes the fact. He agreed today to re-
imburse eGreenameyerf for all his loss and
thus save costs of lawsuits as the case
would finally come to him.
PLAINTIFF RESTS.
The case of the Canton Surgical and
Dental Chair Co. VS.. A. p. Gould is
still dragging along. The plaintiff
finished it's side of the testimony at II
o'clock today and the defense started
in at once with Mr.. Gould on the stand.
Every point is being hotly contested
| by both sides and Judge Taylor has
his hands full sometimes keeping the
! lawyers in line.
PRETTY QUESTIONS.
Alliance Leader: An interesting legal
question will be settled in Mayor Dress
ler's court, the question being as to the
right of creditors to attach goods in
transit. The test case is that of Black
& Co., of Buffalo, against Constable p.
G. Howell, of this city, for Harris &
Ginsberg. Constable Howell for the
latter firm attached a box of goods at
the freight house which had been con-
signed to Wengrow & Co., by the for
mer firm. The former firm then sued to
recover the goods. Several pretty
questions enter into the case and it will
be of more than ordinary interest. j.
D. Lewis, of this city, and Pomerene &
Miller, of Canton, represented Black &s
Co., and William Roach, of this city,
represents Harris e. Ginsberg.
DON'T WANT SUCH A WIFE.
John F. Leo. of Alliance, has taken
the initiative in divorce proceedings
against his wife, Mary Leo. The petit
tion was filed in court Thursday eve
ming by William M. Roach. Leo says
his wife refuses to live with him and
play the part of an affectionate spouse
and so he asks to be rid of her alto
, gether He also wants their child.
COMPLICATED.
Judge McCarty this morning took
up the case of Susie Greenaweyer VS..
Christie human ct al, and placed it
on trial. The controversy is a three
sided one and is considerably compli-
Gated. Greenameyer owned farm
four miles north of Canton on the Mid
dlebranch road near the Oberlin coal
bank. An old race crosses the farm
from the creek and furnishes water for
water wheel which pumps out the
surplus water from the coal bank. The
mine is now owned by Christian
Wearstler. Greenameyer sold the farm
to human but the deed said nothing
about the water way being exempted.
Now he wants the balance of the pur-
chase money, amounting to 5000, and
has sued to foreclose the mortgage.
Wearstler now comes into court with
Attorney Lorin Wise and claims the
water way and the privilege Of going
on the farm to keep the ditch open.
Because Weartler exercises this right
when nothing was said in the deed
about it human claims Greenameyer
imposed on him and refuses to pay the
5000 setting up his damages as an off,
set to the claim. Greenameyer is rep
resented by Shelter & Bowman and
Numan by Joe Blake.
SUED FOR $40.
F. Sands & Co. are plaintiffs in a
suit today in common pleas court
against Isaac w. human. The cloth
iers sue for $40 for a suit of clothes
which they claim human stood good
for but which he refuses to pay.