Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1906-04-19
LEGAL NEWS.
NEW SUITS.

trespass for $50 damages for deceit
Mccall alleges that West sold him q
quarter interest in the Prospect Cream
ery, .or the amount claimed. inducing
him TO make the purchase By stating
the company was prospering and the
debts amounted to but $500, when in
reality they were $500, and the compa-
ny was insolvent.
heirs of Norber Fultz vs. Borough o.
Butler. stated case for opinion of court
to determine title of lot No. 152 in the
original plan of Butler borough. Lots
Nos $50 and 1ji, composing the bal
arce Of the block in the old cemetery at
North and Mexican streets, was decided
to Butler county by Samuel and John
Cunningham. In 1905 lot No. 1872.
bounded north by North ST, east by an
alley, south by the burial ground and
west by Mexican St, was decided by
John Negley to Norbert Fultz. In 1928
Fultz. for $50, decided the lot to the
"Chief Burgess, Assistant Burgess and
Town Council of the Borough of Butler,
and their successors, for the purpose of
a burying ground. In 1905 the bury
ing ground was condemned by the
School Board for High School site,
and viewers McAboy, McCrea and
Walker awarded Butler county S42OO
| for the two southern lots, and Butler
borough $500. for the lot in dispute
The Fultz heirs claim that when the
land ceases to be used for "burying
purposes" the title reverts to them and
they are entitled to the $500
W. S. Wick vs John Reott, sci ia on
mechanics lien for $501. IS.
NOTES.
The damage suit of Walter Winner
| gainst the w A. r. r. Co. was tried
| before Judge Galbreath and resulted in
| verdict, Saturday afternoon. of $1,000
| for Wirler. The railroad passes through
| Winners farm in Worth twp. and the
parties being unable to agree. viewers
were appointed and awarded Winner
$1100 The company appealed, and
succeeded in getting the amount reduc-
| ed S100 although the costs of the trial
probably amounted to more than that
sum.
The will of the late George w. Shiev-
er has been probated. His property
goes to his wife for life, and at her
death to be equally divided among his
three children, John F., Paul and Mrs
Louise Leonard.
Christian Fell was appointed guardian
of Harry Edward Coulson, minor child
OF Sarah Bell Fell, decd
The property of the Gallery Junction
Brick and Tile Co was sold at Sheriff
sale, Friday, to Joseph II. Thomas OF
Gallery, formerly secretary of the com
pany, for $G500. The stock OF brick
was sold to Blair Hooks. president OF
the company for $500.
In the case of E. L. Ralston and Lev
McOuistion VS. John Shanor. the plain
tiffs have moved for new trial
The suit of B. G. and Gordon Mont
gomery Co vs. Mrs. Clara Greenlee to
recover for the Bible, printed in IA vol
umns on Japan paper at SO per vol
umn, resulted in verdict for the pain
tiff for Sl095. ID, the full amount OF the
claim The defense was that Mrs.
Greenlee had notified the company that
she would not keep the books. Mrs.
Greenlee is in California, and did not
appear at the trial.
The case of Mrs. Zipporah Steen
against r. L. Brown to recover for half
the expense of building line fence be-
tween the parties near HarriHville, re-
tulted in verdict Of $3.50, the full
amount claimed, for the plaintiff. A
new trial has been asked for.
The case of the Franklin Trust Co. VS.
John Berg 81 Co. went to trial before
Judge Patton, Friday, and resulted IN
compulsory non-suit being granted on
motion OF the defendant. after the plain
tiff's evidence was in. Whites person
al property oil wells and leases near
Renfrew were sold to Bergs at Sheriff
sale on executions issued ON Judgment
notes and leasehold mortgages amount
ing to about $4,000 given by White to
Berg 81 Co. White claimed that there
was an agreement between them that
when the production from the property
had paid the debts, title was to be re-
stored to him. He became indebted to
the Franklin Trust Co.. a judgment
was entered, and goods and moneys
supposed to be in the hands Of Berg q
Co attached. Berg 81 Co. put in plea
OF mo goods, and the court considered
| IL sufficient. A wagon-load OF books
was hauled up from the Berg bank to
the Court House for the trial.
Judge Cr1swell Of Venango county
arrived in town, Monday, to assist
L J ubBt odlDiCdbif hiiD WNNhs
Marion Henshaw has been appointed
receiver of the Butler Builders Supply
Co. to succeed the Guaranty s. ID. Ut.
Co., which was discharged on its own
petition.
Under the recent Corrupt Practices
Act the following candidates at the re-
cent elections have filed statements OF
their expenditures with the County
| Commissioners as follows: w. b. Nc
Geary, $l11.70; G.. X. Marshal, t59.3S;
10 q. Mechling, $76.27; J. ii. Wilson,
Wilson Kennedy aud John Irvine stat
ed their expenses wete below 800. Sat
urday was the last day for filing the
statements
| James N. Moore was appointed audi
| tor TO make distribution in the cases Of
| A. s. Hindman and j. Berg d Co. vs
W. A. and Monroe Donaldson.
| An appeal has been taken from the
| decision of Register Porter Wilson in
admitting the will Of Joseph p. Thomp-
son, decd, OF Cherry twp. to probate.
The first case taken up before Judge
Criswell was that Of John Burr VS. Greer
| McCandless, ejectment for q small strip
/ VI WOOnN III t"pt 1hC
lands OF the parties adjoin and that in
dispute has been in possession OF Nc
Candless.
The jury returned n verdict for the
plaintiff for the land described in the
writ, acres of woods, said to be worth
not over $l5 per acre.
The case Of w. X. Packard trustee
in bankruptcy Of the Payton Buiscuit
Co. of Youngston. o. vs. Peter +. Nc
| Cool, to collect for n subscription Of
stock which McCool bought, went TO
trial before Judge Galbreath, Monday
morning The case has been hanging
| fire for over year The jury could
not agree and was discharged without
| giving verdict
Steve Chicore Is in Jail on charge OF
malicious mischief and disorderly con
duct.
The case OF Grant Shuster va Central
District 81 Printing Telegraph Co. has
been continued also that OF the Rail
way Review vs Butler Foundry &
Machine Co. and r. r. McCool; also
that Of A. q. Hendrickson w Arthur
| Allen