The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-04-29
INSTANTANEOUS.
MRS. AZELLA SMITH ELECTED;
ALSO HER DAUGHTER.
Troubles of the Woman and Several
Years of Litigation Reached ORA
matte Climax Last Evening; Sher-
if Carried Good Out and Then
Forced the Occupants; Story of the
Affair; the Order of Court.

From thursdays Daily.
The troubles OF Mrs. Azella F. Smith
reached a dramatic climax last night
when the strong arm of the law forci-
bly, oHsted Mrs. Smith and her daugh-
ter from the house they occupied on
Lincoln street The house was just
previously cleared of its contents by
the officers who worked all yesterday
afternoon.
The incident caused much excitement
in the neighborhood. Sheriff Donahue
and Deputy Klugherz in serving eject
ment papers were compelled TO carry
Mrs. Smith and her daughter bodily
ont of the house and an almost I'M
heard-of procedure in that section of
the city. is vet the chief topic of con-
versatiOn.
Carried Out Belongings.
Mrs. Smiths belongings were placed
in delapidated building on a small
plot OF ground she claims TO own,
adjoining the rear of the Lincoln street
property which she and her daughter
have been living in. The better pieces
OF furniture were placed inside the
building and when that was filled to
capacity, the remaining household arti
Giles were piled out on the ground. 1t
was among this dsordered display of
odd pieces OF furniture, ladders, stoves,
tables. fruit jars, kettles and pans that
Mrs. Smith stood this afternoon when
she related briefly To a Free Press re-
porter the story of her more recent
troubles.
Tells Story of Her Troubles.
Some four years ago Mrs. Smith,
according TO her own story, received a
loan of $500 from W. A. Funk, then
a practicin2 attorney in this city. To
secure the loan, she gave TO Mr.. Funk
a deed of two houses on Lincoln street,
taking contract back. She contended
that the processes were virtually a
mortgage, and when Mr.. Funk attempt
ed some time later to get possession of
the premises, she brought an action,
setting forth these claims. The decision
of the district court was adverse to
her but was reversed by the supreme
court.
just previous to his departure from
ATankatO for the west, Mr.. Funk dis
posed of his deed TO the National Bank
of Commerce of Mankato, which cor
poration began an action to secure title
TO the premises. The case was tried
before Judge Quinn of FairmOnt, and
Judgment rendered in favor of the bank.
The Judgment was entered upon Tues
day of this week and the same day
eiectmeIt papers were issued, the dis
trict court order having contained no
order OF stay. The papers were de-
liyered to Sheriff Donahue about three
o'clock Tuesday afternoon, and he gave
Mrs. Smith notice that she must va
cate the premises forthwith. The wOm-
an conferred with her attorneys, who
Immediately telephoned Judge Quinn re-
garding the stay of proceedings and re-
ceived the information that the stay
had been granted and the order mailed
the previous day TO Clerk of Court
Krost. But the stay failed to arrive.
Showed Courtesy to Mrs. Smith.
Sheriff Donahue out of courtesy to
Mrs. Smith, waited the arrival of the
afternoon mail yesterday to ascertain if
the order would arrive, but it did not,
and with Deputy Kmgherz he proceeded
to Dust Mrs. Smith from the house.
The woman had the front door barred
with plank when the officers arrived
but later admitted them OF her own
free will When informed that they
were compelled to put her household
effects into the street, Mrs. Smith re-
quested the officers to put the furni-
ture on the place just at the rear of
the house. This was granted.
Would Not Leave Voluntarily.
The last piece of furniture had been
carried from the house just after the
six o'clock whistles blew last night and
Mrs. Smith sat down on the floor in the
front room and informed the officers
that they must eject her forcibly, if
at ALL She had been advised by her
attorneys not TO leave the house vol
unfairly, and took this course, her
daughter at the same time summonine
the neighbors that they might have
not voluntarily vacate the premises
Deputy Klugherz took the young lady
in his arm sand carried her out to
the sidewalk and minute later Sheriff
Donahue followed out of the house
carrying Mrs. Smith and finally depos-
tied her Just over the sidewalk line
Took UP Quarters in Shed.
The house was locked and the Incl
dent declared closed. Mrs. Smith and
her daughter spent the greater part
of the night packing their belongings
away as best they could in the old shell
OF building at the rear OF their
former home of comfort. Today Mrs
Smith looked tired and worn, but seem
ed anything but bitter against the of
ficers, whom it was rumOred had ac
corded her and her daughter rather
II IL