The Leon reporter. (Leon, Iowa) 1887-1930, 1914-08-20
New Court Cases.


Agnes Hastings VS.. Winter Hast
ings. Plaintiff is the owner of the
undivided one-half of lot 2, block l
in west Lamont, the defendant own
ing the other half. The property
has been rented for number of years
and plaintiff asks for an accounting
of the rent and that the property be
sold and the proceeds divided be-
tween them. Marion F. Stookey, at
torney for plaintiff.
Phillip Williams VS.. John and Earl
Mcdowell. Plaintiff sues to recover
total of $413 for rent of farm
owned by plaintiff and failure to haul
manure and keep up fences according
to the terms of a written lease.
Marion Woodard, attorney for plain
tiff.
Omaha Rubber Co. VS.. Griffin q
Co. Suit is brought on an account
on which balance is claimed by
plaintiff of $133.52. Marion Wood
ard, attorney for plaintiff.
John S. Tapscott VS.. Harrison H.
Thomas and Farmers 4 Traders State
Bank. Plaintiff alleges that on July
2, 1913 he made written contract
with Thomas by which he sold to
plaintiff 43 acres of land in Bloom
ington township at 1925 per acre.
The contract provided that $1,000
was to be paid to Thomas, the deed
to be deposited in the Farmers &
Traders State Bank and Thomas was
to have the option until July /, 1914
of delivering the deed and receiving
the balance of the money or return
tho money with per cent interest.
He alleges Thomas did not exercise
his option and on July 1, 1914 plain
tiff rendered the balance of the pur-
chase price to the bank and demanded
the deeu, which he did not receive
and Thomas still retains possession of
the land and he now asks the specific
performance of the contract and that
the bank be ordered to turn over the
deed, that Thomas be adjudged a
tenant holding over after notice to
quit and that plaintiff have double
rent from April l, 1914 as provided
by statute. In the event specific per-
Torrance cannot be granted he asks
that the bank be ordered to return his
$1,000 and that he have Judgment
against Thomas for $1,000. w. J.
Springer, attorney for plaintiff.
Walter G. Braden VS.. John Heidle-
baugh. Suit is brought to collect
commission of $40 for trading a
farm owned by defendant to George
Scott. w. J. Springer, attorney for
plaintiff
F. E. Doyle vs.. c. S. Anderson ct
al. Suit is brough to foreclose a
mortgage on real estate given to Sc
cure note for $1,70O due March 1,
1913. Jas. F. Harvey attorney for
plaintiff.
Great Eastern Oil & Paint Co. VS..
w. L. Barry. Suit is brought on an
account for $3.50. Sharp & Parrish
attorneys for plaintiff.
The Capper Publication VS.. H. D.
DeKalb. Suit is brought on an ac-
count for $255. Marion Woodland at
torney for plaintiff.
Sutliff & Case Co. VS.. o. P. jam
ison. Suit is brought on four notes
on which there is due the sum of
$381.37. Marion F. Stookey, at
torney for plaintiff.
b. E. Woodland adm VS. R. A. and
F. B. Sigler and j. w. Norton. Suit
Is brought on promissory note for
$525 dated May Is, 1913. Marion
Woodland, attorney for plaintiff.
Joseph Hamilton VS.. City of Leon,
J. d. Brown, Jas. F. Harvey and
C. w. Robinson, park commissioners.
Plaintiff alleges in his petition that
he is the owner of outlot No. /, and
was prior to August 81, 1907, owner
of outlot No. in Miles addition to
Leon. He sold the south 1874
feet of outlot No. 2 to E..
Housh and conveyed to him in con-
nection the right of use as private
driveway of the 16 feet just north
of this 1874 feet The land was trans
ferred by Housh to Axes and by
Axes to Emma E. ana Jas. F. Har-
vey, the latter deciding it to Brown,
Harvey and Robinson, park commits
sioners for use as a city park. He
alleges that after the delivery of the
last deed to the park commissioners
the right of use of the private drive
way in the deed terminated as no
private use could be made of drive
way to a public park as this would
make it wholly and solely for public
use and would amount to confisca-
ton of plaintiffs property for public
purposes. That when plaintiff began
to fence said premises the defendants