Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-07
is hN[ELY HONE
SOLD OR IS |I NOT /!
DR.. Jay, Who Contracted to
Buy, Says. Yes; McNeelys
Claim Not
COURT MAY DETERMINE /
Or. Jay Says He Will Begin Suit With
in Twsnty-four Hours After pate
/ When McNeely Contracted TO De-
liver Property = Some Interesting
y Questions Enter In.

i Is the George w. McNeely property,
al the corner of Main and F'outh streets
the property of Mr.. and Mrs. McNeeiy'
or does it belong to DR.. and Mrs. e. w.
!, Jay?
is the husbands signature to a con-
4 tract to sell, with the wife acquiesclng'
+ vet not actually signing, sufficient to
bind the sale.
Is the homestead right OF wifes In
. terest in a property of no standing IN
court when another lot and house are
!. included Jointly in the transfer OF the
. homestead?
These are questions that the district
court of Marshall county may have 70
solve as the result of q compiicatoh
that has arisen in the sale of the NC
Neely property to DR.. Jay last week, as
announced. in these columns. Following
the publication of the sale, which, was
L verified by the T.-R. thru both the pur-
chaser and seller, Mr. McNeely and
wife have decided that they 90 not
care to sell.
when asked about the hitch In the
negotiations Mr.. McNeely said tnat
they had backed out, and he guessed
they wouldn't trade" Mr.. McNeely said
he had rendered DR.. jays check OF $eo,
given to bind the bargain, back 20 the
eiyer. but that Jay had refused to take
it Mr.. McNeely said he did not think
there would be any trouble over the
matter.
Jay Says Differently.
Dr Iav was not so sure about the
{ trouble, and promptly announced ttat
!. he would be ready to file an action for
damages against Mr. and MIS-, VIC
Nicely within twenty-four hours AFTER
Jan. Z, the date fixed in the contraet as
4 the time the property was TO pc tufheo
over
Dr.. Jay bought the McNeely prop
erty for 1920, and Mr.. McNeely signed
= contract of sale in the presence OF
witness, and accepted DR.. Jays check
for $50, endorsing the same as peang
paid on the contract, on the back OF
the document.
#SSIt is also claimed that Mr. and Mrs,
McNeely both announced the sale OF
their home, and that Mrs. McNeely
went so far as to invite Mrs. Jay down
for an afternoon, that she might snow
her the arrangements of the house. anu
give her some valuable pointers as 20
its furnishing. !.
what is bothe,ring the Jays most. AZ
present, is where they are going to live.
They have sold their home, and have
contracted to give possession on jan.
Z, the same time they expected to take
possession of their new home.
DR.. Jay says that Mr.. McNeely, who
signed the contract of sale, told him..
a Ga the presence of a. witness, that Mrs.
McNeely's name would not be neces-.
sary to the contract, but could await
the deed just as well. McNeely also
said, according to Jay, that his, enc
Neely's word was as good as his bond,
and there would be no trouble over the
contract.
Jay claims that the wifes claim on
the homestead, even tho the husband
alone may have contracted to sell, does
not hold in this case, by reason of the
fact that two properties were pur-
chased.
In tho meantime Jay is resting on
his oars, and will not make move un-
!, til Jan. Z.