The Leon reporter. (Leon, Iowa) 1887-1930, 1914-07-16
New Court Cases.


Axes, J. F. Hagan and Fl. A. Ellis.
Plaintiff in his petition states that on
or about March 1, 1913, he was the
owner of three farms in Decatur
county, one of 400 acres, one of 16O
acres md one of 80 acres. That Kel-
Ter & Robertson and G. M. Axes were
engaged in the real estate business
and in February, 1913 he listed with
Keller 4 Robertson all of his farms,
agreeing to pay them a commission
of 81 per acre if they sold or traded
said farms for plaintiff. That short
ly afterwards Keller & Robertson in
formed him they had found person
owned 3080 acres of land near
Brush, Colorado, with whom they be-
lieved a trade could be made and
urged and insisted that plaintiff go
to Colorado and examine the tract of
land with view of negotiating a
sale and exchange. That the defend
ant G.. M Axes having heard of said
contemplated trip to Colorado to ex-
anime the Koser ranch asked plain
tiff to accompany him on the trip it
satisfactory with Keller & Robertson.
Plaintiff ascertained from c. M. Kel-
Ter it would be satisfactory for Axes
to go on the trip, and plaintiff having
been a business partner of Axes and
having complete confidence in the in
tegrity and judgment of Axes, and
the contemplated deal being large
and of great Importance to plaintiff,
and the defendant Robertson having
reported to plaintiff that Koser would
ask to net him SIS per acre for the
Koser ranch, plaintiff believing Axes
would be of valuable assistance to
him in making said exchange, con-
sented and was anxious to have Axes
go along to Colorado. That on March
90, 1913 by reason Of the persuasion
of Keller, plaintiff was induced to go
to Colorado in company with Keller
and Axes to look over the Koser
ranch and were met at Brush by de-
fendant Robertson. That they to-
gether with koser looked over the
ranch, and through the efforts of
Keller, Axes and Robertson. plaintiff
was induced to and did trade his De-
catur county lands for the Koser
ranch, making written contract.
That at the time the contract was
drawn, defendants Keller, Robertson
and Axes secretly and without the
knowledge of plaintiff entered into
written contract with KOser in
which it was agreed that in consid-
Grafton of their services in trading
the ranch to plaintiff, Koser agreed
to deed to them the 100 acre farm
and the 80 acre farm upon the pay
ment of $4,000. That in truth said
farms were not any part of the con-
X oser received or gexEsff ted
to receive for said ranch as all he
expected to get was the 400 acre
tract. The other two tracts were
turned over by Koser, after getting
his share to Keller, Robertson and
Axes and the agents of Koser to be
divided up between them as the
"spoils" of the deal. That at the
time plaintiff believed that the true
consideration that would pass for
said ranch was all three farms own
ed by plaintiff subject to mortgage
of $14,5OO and another mortgage of
$4,10O. He alleges the defendants,
Keller, Robertson and Axes conspir-
ed to and did conceal from him the
true consideration, and that said 160
and 80 acre tracts were no part of
the consideration. That they con-
spired to cheat and defraud plaintiff
out of said land The plaintiff al
leges the 1e0 acres was clear and
worth $4,000 and the 80 acres was
worth $4,000, subject to a mortgage
for $4,1OO, and the reasonable rental
value of said land for 1913 was ST.
100. That the deeds to the land
were made in blank and afterwards
the name of c. NJ AXES was placed
on them as grantee. Axes after
ward decided the 100 acres to H. A.
Ellis who had at the time notice of
plaintiffs rights and interest in it,
and 80 acres of the 50 acres was
decided in the same manner to J. F.
Hagan, hence they are made parties
to the suit. Plaintiff asks for a. de-
cree that he be adjudged the owner
of said 100 acre and 80 acre tracts
and the deeds made by him be de-
creed to be Of no force and effect, and
in the event such relief shall not be
decreed that he have judgment
against defendants in the sum of
$4,000 and costs. A. P. Olsen,
Miles & Steele, and Parker, Parrish
& Miller, attorneys for plaintiff.
Clara Phillips VS.. William Phil
lips The parties were married in
Andrew county, Mo-, Feb. 5. 1894.
Plaintiff sues for decree of divorce,
alleging that since their marriage
defendant has become an habitual
drunkard. S. Varga, attorney for
plaintiff.
Dennis r. Slauter VS.. Dora Butch
er ct al. The parties are the heirs
of Martha Slauter, deceased, and ask
that tract of 6 acres of land owned
by her be sold and the proceeds di-
vided among the legal heirs. Varga
& Son, attorneys for plaintiff.
E. H. Alexander had his autOmO-
bile somewhat damaged Monday ev-
ening. He was out in the country in
the afternoon and when near town
the car skidded on the muddy road
and went into a ditch. The wind
shield was broken, the back axle
bent and a back wheel damaged
Humeston New Era
Laundry Agency.