Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-01-13


and Thurston for selling liquors With
cut a license.
Against Federico Barbarossa for
same offence.
Against Mike Didimonico for the
same offence.
Against William Uptegraff for same
offence.
Against Miflln Pyle for same Of
fepce.
Against c. w. Baker for came of
fence.
Against Frank Morgan for same Of
fence.
Three indictments against John p.
Creque for the same offence.
Three indictments against G. A.
Westenhaver for the same offence.
Three indictments against George
r. Fl. Baker for the same offence.
Three indictments against Martin &
Powell for the same offence.
Jury Trials.
On Wednesday, the first day Of the
petit irry's attendance, two jury cases
were tried, viz:
Charles Ziler against Daniel Pitzer,
both OF Mart'nsbrrg, an action for M
lawfully ejecting plaintiff from room
rented by him from the defendant
Verdict for the defendant.
important chancery Causes.
Two opinions in very important
On es were handed down by the urt
n chancery causes Wednesday after
Ii;oon.
The first was that in case Of Mrs.
Caroline Bohda and Annie G.. Scheel-
key against F. T. Brantner, wherein
the plaintiff alleged that the defen-
Cant had fraudulently obtained title
10 certain valuable real estate in Mar
tinsburg by mis'eading them as to
the sale of certain real estate for
taxes. The court reviewed the evil
dence only enough to say that he was
satisfied that the defendant had
fraudulently obtained the property in
question and then entered decree
setting aside the deed to the defen-
dant and referring the cause to a
commissioner to ascertain what was
due the plaintiffs on account of rents
etc, les repairs, taxes, etc, righuully
paid by the defendant.
McIntire and Standby for the plain
tiffs and Faulkner, Walker and Woods
FOR the defendant
The second case was that of Sadie
c. Pitzer against Margaret Vanmetre
and others. II this case the facts
were about as follows: E. S. PitZer
who died quite a number Of years ago
left valuable farm in Arden district
and D. c. Westenhaver and Il. Mong
Pitzer, son of e. S. PitZer. were
executors. E. Mong Pitzer, because
&c his relation to the estate as execu-
tor, could not become a purchaser of
the farm, although that was his de-
sire.
The evidence in the case tended to
show that to obviate this difficulty the
wife OF f. Mong Pitzer, Sadie c. Pit
ger, became the nominal purchaser.
Not long afterwards a portion of the
farm was sold and the checks in pay
ment of the purchase money were
made payable to Sadie Pitzer but
were at once endorsed by her to her
husband. When the whole of the
farm was sold part OF the proceeds
was used in the purchase of what is
known as the Goheen farm, and the
title went into the name of e. Mong
I itzer. His death occurred shortly
thereafter, and the heirs of Sadie G.
Pitzer brought suit against the heirs
of L. Mong Pitzer, claiming that the
proceeds of the sale of the home farm
having been used in the purchace OF
the Goheen place, that the title was
taken by E. Mong Pitzer for the use
and benefit of his wife, Sadie C. Pit
ger, or that her money having been
used in the purchase of the Goheen
land. that said land became hers by
virtue of the resulting trust" II
other words the question at issue
was whether the property should be-
long to the heirs of e. Mong Pitzer
7r the heirs of Sadie C. Pitzer
Judge Faulkner carefully reviewed
the evidence and decided the case in
favor of the e. Mong Pitzer heirs,
stating that he was convinced from
all the evidence and facts surround
ing the case that it was clearly proven
that the funds from the estate of
said e. Moag Pltzer purchased the
farm in the first instance. Emmert
for plaintiff and Williams and Noll
fer defendants.
In both cases suspending orders
were taken allowing the parties. re-
spectively, to take an appeal to the
Supreme Court.
Cases Set for Trial.
The Martinsbung liquor cases, which
have attracted wide attention, will be
tried week after next the third week
Of the present term of court, together
with the other criminal cases.
AT the session of court this morn
al Eel 60