Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-23
IN AUGUSTINE 5 FAVOR
Suit Involving Title to Valuable
City Property Decided
by Judge Plat.
Last Of Four Similar Suits Re.
suits in Mr.. Augustine's
Favor.
Mr.. Sears Has Ninety Days in
Which to Redeem. Under
Conditions.

/
OF j. H. Augustine VS.. Lodency Childs,
r. e. Sears ct al. which Is the last OF
! four suits involving the title to Mar
shalltown property sold at tax sale. The
last suit was in relation to the title to
three and one-half acres of valuable land
on West Main street near the Cum
mings homestead, and grew out of the
purchase of the land by tax title, under
special arrangements, these arrange
ments figuring in the final results.
The trial Of the case was
before Judge Franklin C. Plat,
OF Waterloo, who took the mat
ter up on the request of Judge Caswell
who for personal reasons did not desire
| to decide the case. Judge Plat came
| here and heard the evidence few weeks
ago. and written arguments We're sub
| C.itted later. An important legal ques-
| ti6n was involved in the controversy, for
a full understanding of which the fol-
| lowing portions Of Judge Platt's decree
are quoted
BE 1t further remembered that as to
| the issues arising upon the petition, the
same have been determined in other
causes tried between these parties, and
the court being fully ADVISED in the
premises. having heard the evidence and
examined the rleadings and arguments
cf counsel. 1t is here and now ordered,
Gdjudged and decreed that the issues are
found in favor of the plaintiff.
'It is further found that the tax deed
to the north half On ~ of lot four (4)
and the northwest quarter (nw W of
the northeast quarter (ne. n of section
thirty-fo (34), township eighty-four
$50 north range No. eighteen Qs), west
CT the 9Th p M. Marshall county. Iowa,
held by j. III. Augustine. was procured
without proper statutory notice of ex-
Liration.
1T is further found that r. E. Sears,
defendant herein and plaintiff in the
cross bill, had actual notice that such
notice of expiration had been given, and
that treasurer's deed would issue.
1T is further found that on July 5,
| 1899, he was Indebted to plaintiff on 9TH
or claims than taxes in the sum of forty
four hundred and five S4100 (s4405.s4)
dollars. That at that time r. e. Sears
was bankrupt and that he made con-
tract in the name of Lodency Childs,
with the plaintiff. in which contract the
real party in interest was r. e. Sears.
That by said contract the said r. E.
| Sears was greatly benefited, and in said
laontractl he recognized plaintiffs right
| to take the tax deed, and further agreed
that in the event that the option con-
tanned in the said contract was not ac-
Ixa, ,k,,1 A. ,,o1t - 5,aY
should not be contested.
ut is further found that under said
contract the said r. E. Sears personally
obtained a return of the stock of the
Carbonate Fuel Company and policy Of
insurance from the plaintiff which the
plaintiff had held as security and as
owner, and that he gave at that date, to
the plaintiff. his unsecured note for four
hundred and five S4-100 (S405.S4) dollars,
and caused his mother-in-law, Lodency
Childs, to enter into the contract with
plaintiff, dated July 5, 1899, just referred
to-. The plaintiff has, by his pleadings
1and argument which is filed) offered to
permit the said r. E. Sears to redeem
under the terms of the Lodency Childs
entract; and 1t Is here and now express
~ found and decreed that such offer is
equitable and just, and the defendant,
r. e. Sears. is permitted to redeem the
property hereinbefore described, provid-
ing he makes redemption within ninety
days Of the date of the fling of this de-
cree, upon the payment to the clerk of
the court for the use of the plaintiff of
the amount resulting from the follow
Ing statement of account" etc:
BE 1t further found. adjudged and de-
creed that the amount of plaintiffs lien |
upon the real property hereinbefore de-
scribed is the sum of forty-one hundred |
and twenty nine 64-100 (s412964) dollars I
The lien dates from July 5, 1899. That
the defendant, r. e. Sears, is decreed to
have the right to redeem said property
by payment to the clerk of this court
the said amount. together with per
fling of decree, which redemption must
be made as hereinbefore stated within
ninety (90) days from the date of the fl
ing of the decree.
1T is further the Judgment and decree
Of this court that in case redemption be
not made within the time and in the
above specified, that the title to
The property in question shall be quieted
IN the plaintiff, and that defendants and
all persons claiming by, thru or under
them, be in that event, forever barred
and estopped from having or claiming
any right title or interest in or to said
THE WoMEN's CLUB.
Delegates to Mothers Congress Chosen
L.