The Taney County republican. (Forsyth, Mo.) 1895-1992, 1902-02-06
BALDWIN WINS THE CASE.
Finding Of Judge Neville in the Famous In.
junction Suit Of Baldwin " Weather.
man and Iolertoa.

man ond l0lert0a.
The famous case OF r. V. Baldwin VI
j. A. Weatherman, Sheriff, and j. A
Tolerton, which was on tho boar a
Spring field nearly all last week, wa'
ably conducted on both sides, Vaughn
and Coltranc, OF Spring asld, and Groom
and McConkey, by ID. +. McContey, d
this place, appearing for plaintiff. and
u. b. Price, X. c. Ford aud c, b Sharp,
OF Forsyth, for defendant. Tn, case wa,
submitted TO tho court Thursday even.
ing, and the judges finding was rem
derod Friday noon. Following is tho
finding in full OF Judge Neville:
"In December, 1896, one John ".
IIollingsworth purchased 4 tract OF land
In Tancy county, Missouri, for the sum
OF e. 100, executing three notes for pur-
chase, six and seven years respectively.
For the purpose OF securing these notes
he executed u deed OF trust on the prop
erty, which contained, among Dnmor-
Ous other clauses, a clause 10 keep the
lnP'o'es.ndeous .no ,noseou I"oI 'Ias. H., T.,
sun VI eoVo, hnu A,.rt.. .'o asa IL ,''
the case ahy ueiauis was WV n'auo n ~,
the paymeht OF any m,oross ~ -
failure 70 Keep any ~ .ns IoIdin" ,bo
the deed OF trust, the party holuihg inc
notes might oleot that the whole amount
in s.id soses become due al once, and
proceed 10 u foreclosure OF the deed OF
VIZ, "s Sa...rSs Tn ,n g'; IN iaoo Uo,,ingsvor,b
.o,r.noa ,he nronortv subject IN Tho
o.I.yvu S..a IT,, ,dr,ha nIain,is IN tb,s case
uoI' S H. ,ooi Nil oT,h o'Dav sold ,bc
n. 80. " - H. da,,ndant Tolsrion' Tn,
n.s.s ..es,,, ~ 20. 80. ;n,urad Tor sCOo mud
P.SGP ga ,ho, o,Day ,,,d. INV hird,
Wv .i.or l., ,hi. c,.,,., In ,be ised n,
b [ -, 80 bis s,io ~, ,bo no,cs A,
,ha a.. ,ho mote. wor. .nId IN defend.
an, "I ToIor,nn % ali of ,ho in,.res, ,hcreor
& haJ hoon TIir maia ma ,n Tho nrsr.aino
n.aSa.ta r"a - 10, "a ,bon. wasnnnc at ,bn,
.oe 80. mav,hIa or or.,dro "a Tba, Tho de-.
t"a.o,',' ,hrornL No sana,,s pulIo, and
w." ,n,n,her wi,H his own Lnow,
H. ad duo no,,c,. 40 tbo in,ercs,
haS iii b.on maid and ,hnt be bnd No
,r.I @ L,owladgc that ,be ip,or,st WA,
,aId nn,o,but, ,i,nc. that hn bouCbt ia,
r",os y,,h ,hc undors,nndinr and belle
,La, ,ho ;n,,rcs, was nll pnid I'M I,
Doc,m,mr /, 1900; that he diin' I expoc
,h. interest was overdue and that th,
negotiations Tor the salo OF the note,
was with reference to their value con
,idering the interest 10 be 20 paid.
"ln June, 1901, the defendant Tolerton
after the purchase ui the notes, wen
to the plHiutfI and notified him tina
the taxes on said property were II
default aud that he must pay them or b'
would prOcc to foreclosure. "ha
AZ the time he made this demand on th'
plaintiff that he knew the insurance
had not been effected on the improve
tments on tie place, and knew that /
was impossible TO procure insurance ol
the place, and knew that Baldwin wa
not personally liable for the taxes AM
that the payment thereof by Baldwin
was n bettcrment 10 the property and Z
the risk that hewns not personally liabl
10 make, and hold that by 80 doinI
and demanding the insurance TO b
effected, he waived the conditions In tn
deed OF trust In reference 10 the pro
curing Of the insurance, and that b