Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-04-19
AFRAID
Lives Would be
Lost
And That He'd be Held
Liable.
Lives

The allegations made by the parties
to the case of John M. Flory VS.. Adam
kepler are extraordinary.
The action was brought by Flory
TO recover from Kepler for an alleged
breach of contract. A number Of
years ago he purchased nine acres of
land from, the defendant. As evidence
of this he has warranty deed. The
description shows that four acres OF
the property are covered by the wa
ters of Turkeyfoot lake. Since the
deed was made it has developed that
Kepler had no authority to make
warranty deed for the lake land as
the State has rights and interests
which he could not dispose of. Flory
asks that he be given judgment for
40 of the amount he paid for the
property.
kepler filed an answer and cross Pc
tition alleging that the deed was
drawn by a township Justice, who
through an error, included the four
acres of lake land. 1t was his inten-
tion, he says, to make Flory a present
OF that portion as he knew that he
could not warrant the title to the
premises. de asks that he be given
the right to correct the deed.
kepler's explanation of his reasons
for giving away his interest in the
lakeland Is the feature of the case. He
alleges that he learned that Flory was
to open saloon on the property he
had purchased and that he wah afraid
that parties who had imbibed too free
ly at the bar might fall into the lake
and be accidentally drowned He was
not willing that they should drown
in his part of the lake as he thought
that an action for damages might
be maintained against him. The Cir
cuff court started to hear the case
but before the trial was completed
the defendant was ordered to amend
his pleadIings.
MRS. HITCHCOCK'S WILL
g,rhe will of Mrs. Matilda Hitchcock
was fled in Probate court Thursday.
She gives Sl25 to her grandson, Harry
A. Harvey, and the balance of the cs-
tate is given to her granddaughter.
Edith Harvey 1t Is to be held in trust
for her by Mrs. Julia H. Outlet until
the young woman is ~ years of age.
out of the income from the property
the trustee is to pay $50 each TO Mrs.
Hitchcock's half sisters, Mrs. Beck
and Mrs. Prior. The will provides that
in case the granddaughter, Edith
Harvey should die before reaching
the age of "A, the property shall be
turned over to Mrs. Hitchcock's son,
William A. Harvey, If in the opinion
of the trustee he is leading an upright
life. If not then the estate will be
| given to her grandsons, Harry and
| Frederick Harvey. The same reser-
vation is made in this instance. If
they are not conducting themselves III
accordance with the ideas of pro-
pricty held by Mrs. Outlet then she
is to dispose of the property as she
thinks best The testator asks, how
ever that the First Church of Christ
and Sunday school be given Il prefer
ence in the division of the estate.
NEW CASES.
| The proprietors of the Akron Elral
| 'eilleteTy nave commenced an dGUlOn
against Geo. w. Wright ct al for sd, 600.
This amount is alleged to be due on a
note originally given to f. Il. Smith.
The state has filed petition asking
Judgment against the Brewster Coal
Co., for S5,400. 1t is alleged that the
defendant company has been occupy
ing land owned by the state for many
years. The amount asked Is for rem
tai
HAPPY ONCE AGAIN.
The defendants in the $4,000 dam
age action brought by Mrs. Ruby Il.
McCracken, who alleged that her hus-
bands love and affection had been
alienated, have filed an answer They
say that she willfully abandoned her
husband, Clinton Q. McCracken, March
10, 1901, going to New Castle, Pa,
where she remained for two weeks.
She then returned and has been living
with him ever since. The defendants
say they never had any thought of
alternating the affections of the hus-
band,