The daily journal. (Salem, Or.) 1899-1903, 1901-12-03
CONTEST
VALUABLE
PROPERTY
Appointment of a Guardian
for a Spendthrift.
Sustained by Circuit Judge
r. P. Boise.

An important caee was decided by Cir
cult Judge Boise, Saturday, that Of the
guardianship Of William Joseph, in which
DR.. M. S. Skiff was the defendant. The
case involves tho title to 270 acres Of
timber land located near Salem, valued
at $1,000.
This case has been one of the most
hotly contested actions heard in the
Marion County Circuit Court, and will
probably go to the supreme Court. One
important question never before decided
in this state was raised by respondent,
when he moved to dismiss the appeal on
the ground that an order appointing a
guardian for spendthrift is not an ap.
pealable order. On this point Judge
Boise ruled that Ski Il was not sufficient
ly interested to intervene in the appoint
ment of a guardian, and dismissed the
appeal, the decision of the lower court
being affirmed. Suit will now be brought
by Joseph's guardian against DR.. Skiff,
to gain possession Of the land and dam
ages for waste, such proceeding having
been ordered by the County Court.
The following is brief statement OF
the case: In an early day James Joseph
came to Salem from Wisconsin and fol-
lowed his trade OF stonemason here. Mr..
Joseph was frugal, industrious and labor.
ious, and by economy and hard work ac-
quired considerable property and some
money, In the early sos he died. leav-
ing widow and one son, both we'll pro-
vided for. The widow was Mr.. Joseph's
second wife, step mother Of his son, who
was known as "Bill" Joseph. His step
mother objected TO his wild ways, which
after his fathers death became intolera-
BILE, and they agreed 10 division Of the
estate, to be made by Hon. David Simp.
son. Among other property allotted TO
the son we're 270 acres located six miles
east OF Salem. Shortly after the divis-
lou OF the property Joseph left Salem.
For time some track was kept of him,
but for more than three years he has not
been heard from, though his relatives
have made every effort TO locate him.
For time after he left Salem an uncle
paid taxes on the land, but he died and
the property was sold for taxes at four
different times. All of these different
tax titles were secured by DR.. M. S.
skiff, of this city, who took possession OF
the land, and it is alleged cut off of it
about 5000 cords of wood.
Last spring petition was filed in the
County Court of Marion County ,by l..
ii. Mcmahon, as attorney flor William
Joseph, of DeSoto, Wis, asking that a
guardian beappointed for the person and
estate OF Joseph. whom the petition al
legged was a drunken, debauched, idle
person, addicted TO opium.smoking and
gambling" Upon the hearing of the
petition DR.. M. s. Skiff appeared with
an answer denying all the allegations
contained in the petition, and stating
he was the owner of the land described
in the petition, and he asked that sthe
petition be dismissed. A motion 10
strike out the answer from the files. on
the ground that DR.. Skiff was not a
proper party to the proceedings, was
and on hearing OF the tes. !
tlmony adduced by petitioner the
county Judge appointed Joseph II
Albert Iuardiau.-Salem CORES nom
dence oregonian.