Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-12-31
Establishes "rer,pora-y" Rule.

~SN<.>2s 9-SI LIE Same NASSS-9-- .aSAtA
never been reviewed by the state 81
p-sn.e court
Establishes Temporary" Rule.
Temporarily 81 Ieas,," said Judge
Wi-ec, II ruling on the case, tn es-
tao.tSa the rule that an auction sale
Of land by s referee u1der order Of
TIE court goes unless there's some
thing adequately wrong and crooked
with IT,
The result q the courts railing wi.
be -ha, Louis Srs.-;;. gets me home"
eiE.ty-or.e and oaa-hat acres for SIS
ST acre. George Alexander gets the
ether eighty to- s-0 The referee Mas
ordered % prepare co.veyances 70
them.
\ :. smith, q. M3nsou-, who 5s3 SO
At acre Tor the lone eighty ana So
an aere for ra4 eighty Alexander bid
II. was Denied the right 10 acquire he
were made privately 10 the referee =
/ Estate Loses $500.
/ The heirs ot Henry hlhIeruara lose
aoou- $500 ny the courts ruling. pro-
/ v;ding they CO Tot appeal, which it IS
quite probable hey VII. because OF tie
amour. Involved.
Tn aware" sa.5 Judge Wi,iett.
that this -u.iag seems :reglitaole 70
the heirs. Bg- i Should % -amsrn-
oered that this public sale was adyer-
tise6, held regularly, AID BIDS we're
openly received and reported 10 TINS
: court Re expressed ne hope -1a..
the heirs would take the case 70 the
supreme court Tor -erieTv. 50 ttat -hs
higher corr. could establish ! rGle u
precedent
History OF the Litigation.
Under 81 o-ds- OF tts courl 9 Z
Ta2Law was appointed referee % sci.
tie land. 50 that tae proceeds could
oe 6iri6ed among c.s heirs. The sale
vas he'd Oct % Louis Smith and
George Alexander we're the highest
bidders to- tea mo -.=r.iec. The same
DAY, or z little later. \ T Smith ot-
te-ed tila referee 1890 more for me
1915 acres than S1.sEl and Alexander
had bid. TIE referee accepted a 2
Smiths BID and notified Louis Smith
and Alexander ot i and also that Z
taay wanted . BID again th=.- should
CO 80. Taay paid 10 attention - The
notice.
TIE referee then reported % the
court the result Q: caa auction sac
the bid o. a. ?. Smith. and asked The
1 court to approve tEe report Aqpi.ca-
ton was made :o- Louis Smith and
Alexander, asking thai t.s sale u
them De approved. Heirs OF th= n1l1e
mann estate .n.ervene6 and ASKED that
the court nor approve IRE o.ts .: T-os:5s
Smith and George Alexander. bur tna-
il approve the old Of 4 2 Smith. AL
three bidders, il might y added had
d cash G.. the tine the lids were made.
4 Special Intervention vas made for
J William Hauaiau, minor kuh,e-1zan
4 neir. who lad not bean represented in
d court. and on thts application z near
ing was held. 4, This hearing erideuc4
4 as 70 the value o. the and and ne de-
4 tails regarding the manner in q aich
he sale MAS conducted were i---o-
3 duced-
Summary Of Ruling.
'rve decided this case said Judge
Willett in making his ruling. on the
y theory that when Z pubic sale 5
ordered, and .Shen no fraud OF 1.iscon-
2 duct IS proved or shown. and where
there is nothing that can De urged
q against the confirmation ot tne sale
= unless it be inadeqQacy u price, tha,
j the auction sale should stand.
, 1t is true that altar the sale there
vas 2 private bid made u about sl3ol
\ in excess Of tFe BIDS made al -fe suc-
: ton, but still the evidence shozve that
i some Of the Kunlemann heirs we're a
! that sale. an inclined 70 think thai
q A F. Smith knew ali about TIE public
4 sale. Il often occurs that in selling
d real estate some one wakes up soor
i after and realizes that he ought 10 have
g the land that mas been sold.
q The evidence Of the value II the
Il land that has been introduced Is 10 in
d dication that the price could be %
B tanned If there was any assurance
b that you could ge: the amount some D
a the witnesses said the land was wort:
7 there might De some excuse - o-de
the land resolc.
q Il DO not believe the prices bid ar
sufficiently inadequate 70 wa-ran
setting aside this sale Whether 4 mer
10 per cen;-and that is about III
difference between the bids he-e-is q
inadequacy of price that would tustif
setting aside this sale, very mucI
doubt"