The Oskaloosa herald., 1908-12-03


Just been filed with the clerk OF the
district court. The plaintiy AYERS In
Ibis petition that he Is the owner of
lcertan tract of land In Pleasant Grove
township which he leased to the de-
lfendant Shelby for farming purposes
for the period of one year, from March
/, 1908, till March /, 1909, for which
ne was to receive the sum of $500 as
Trent. The plaintiff alleges that the
defendant furnished no security for
1.-THE payment of the rent and that the
Icrops and stock on the place are not
worth much more than enough to Sc
lcure the payment of such rent. He
lclaims that the defendant has already
disposed of some Of the crops and he
asks the court to permanently enioin
him from disposing of the crops and
the stock raised and kept on the land
lduring the past year in order that
they may be preserved to the plaintiff
as security for his rent The tempo
rary writ of injunction was issued up
on the plaintiffs filing bond OF 5000
as provided by law.
| tHC iiiJhuCtiOH VASE.
An answer with affidayits and
| motion for the dissolution of the in
| junction were filed with the clerk OF
the district court this morning by Cne
defendants in the action brought by
| u. G. Deck ct al VS.. w. It. Phillips
| Ike Davis and the Beacon Coal &c
| Mining Co., in which a writ OF tenn
| s,,i, 49,.
Byron w. Preston last Saturday re-
straining the defendants from the
| operation of their coal mine, located
on a certain tract of land ownel by
| Mr.. Deck and his wife. The motion
| was brought up before Hon. W. q.
Clements this morning for argument.
| Jas. A. Dewitt and john o. Malcolm
| appeared for plaintiffs ard John +.
| Lacey and w. H. Kea.iug foe tile de-
| PENDANTS. The grounds offered for
| the dissolution prayed for are That
the business of a corporation engaged
in mining coal has beea stopped With
| out just cause at the season o. the
year when thtir proa.s are the lars-
| est and that the injunction was
| wholly unnecessary and 10 the detri.
ment of both plaintiffs and defend
| ants. The defendants claim in their
| motion that the plaintiffs have made
no allegations as to the corporation,
| partnership or individuals being in
solvent and hence the plaintiffs have
full and adequate remedy at law.
| They allege further that the plaintiffs
were at fault in not paying the stock
subscription and that they are not
entitled % collect rents from the cor
| poration while they are indebted to
| the corporation on their stock sub
scription. They allege further that
the transfer of certain portion of
land from U. G. Deck to one Cora l..
| Mewhinney was executed after the
mine was in operation and for the
consideration of one dollar.
Miscellaneous Entries.
\ Miscellaneous entries were made In
several cases as follows:
Oskaloosa Savings Bank VS. Oscar
Reed and Addie NJ Reed. foreclosure
of mortgage; defendant Addie NJ.
Reed given leave to amend cross petit
ton.
Estate of Lydia A. Stanley, dcd,
Evan G. Morgan, administrators, final
report approved and administrator
| discharged and sureties released.
Jennie Paradise VS. W. E. Paradise
divorce; assigned for trial Tuesday,
| Dec. s, at 100 o'clock
Tomorrow will be,default day in the
district court and divorce cases will
be heard in which no appearance has
been entered by the defendants J.
| Ed Parks is serving as court bailitf
| this term.
New Cases Filed.
Mabel Hanna has filed, through her
| attorney ]. F. & w. r. Lacey, petit
| ton for a divorce from her husband.
Herbert Hanna, with whom she was
| married on October 16, 1901. The
plaintiff alleges in her petition that
She has been a resident of Mahaska
county for period of twenty-six
years continuously and that after her
| marriage she and her husband lived
| together as husband and wife until
about November 2, 1908. She alleges
in her petition that 1.-THE defendant
has neglected the plaintiff and sought
the society of osher women in prefer
ence to her, and that the same has so
| worried this plaintiff as to cause her
to be sleepless and nervous and in 9TH
er ways, not herein enumerated, mis-
treated the plaintiff, all of which en-
| dangered her life She asks for a
complete divorce and that her maiden
| name, Mabel Linsley, be restored
John F. & w. R. Lacey nave fled a
petition VS. w. Buchanan, law and at