Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1915-12-23
MRS HARTZELL
GIVEN VERDICT
IN ACTION BROUGHT BY HER
AGAINST MRS. CULVER IN.
VOlVlNG REALTY.
PRISONERS WILL PLEAD TODAY

The case of Mrs Leila ID. nart2ell
against May u. Culver and others
came UP for trial in Judge Joseph G.,
Smiths department Of the district
court yesterday and the court made il
known at the outset that he expected
to conclude the trial during the day
and night--in order that he might
leave this morning for Dillon The
case involves that piece of valuable
business property on Main street i'm.
mediately adjoining the old Culver
opera house and was owned by Mrs
Florence jackson, deceased, mother
Of Mrs llartzell and Mrs. Culver.
Not long prior to her death. Mrs.
Jackson decided the property to Mrs.
llart1ell az a gift, but Mrs. Culver,
who was appointed administratix, re
tanned possession of the property in
that capacity and has collected the
rents, Mrs. ilartzcll claimed title to
the property under the deed of con.
veyance and in her answer Mrs. Cul-
yer sought to set this aside on vari-
Gus grounds. An attempt was mado
to show that Mrs Jackson had mani.
Tested her intent with regard to this
property by Wills drawn in accord
W. Ayers, but none oi these was exc
cutcd ana test iimony ON that point was
finally ruled out Both Mrs. Hart
zcll and Mrs. Culver made excellent
Witnesses, Mrs. Culver being ON the
stand when recess was taken for a
night session,
The jury returned Il directed verdict
~ favor Of Mrs. Ilartzell. giving her
possession of the property in contro.
V"rey and finding that the rents col.
lected should be turned over to hcr.
f. {. Russell represented Mrs. Cnl-
vcr, while ElhckfOrd 4 lluutoon an,
pcared for Mrs. IIar,zell The Jurors
chosen to try the case were Charles
Carlson, George longmnn. i. A.
Siringfellow, William llorrall, y. II.
Sisson, Fred llenningson, M. H. Keen
an, Andrew J. Johnson. A. G. lIoh.
man, David White, Teo, +. Anderson
and Walter r. Allen.
In Ayers Court.
The case Of A. Y, Nelson against
j. M. Bloom, in which the plaintiff
seeks To recover 1887 on a blowing
contract, was taken up for trial in
Judge Roy Ayers department yester.
day. A jury was secured and the
taking Of testimony Will begin this
morning. Beldon e. DeKnlb repre-
sent the plaintiff and Iilackford &
Hnntoon the defendant.
Some Arrangements.
Robert Butler, charged with an at.
tempt at Il criminal assault; William
Brown and Albert Brown and Frank
Baker, charged with incest, were ar
raigned yesterday and were given un-
til today to plead.
To Dissolve.
The Farmers Cooperative Elevator
company of Coffee Creek has filed
an application for dissolution. The
petition is filed by Levi Stout, E. G.
Fowler. John Kramm, J. G. Reider.
Martin Leach and NJ Hines.
Edwin Grain has brought suit
against Henry Alderman to recover
$275. Judge Cheadle is the plaintiffs
attorney.
In the case of Aubrey ScoveI against
the Milwaukee, in which the plaintiff
sued to recover $3500 damages for
loss of a grain crop on the ]. II. Des-
kins ranch in the Iiger section in
1872. the jury Thursday returned
-.
The plaintiff alleged that following
some construction work. the defend
ant removed lot of fencing from the
ranch property and left it down, so
that range stock invaded the grain
fields and destroyed the crop Judge
e. X. Cheadle represented the plain
tiff in this suit while r. Won Tobel ap-
peared for the defendant
Damage Suit.
The trial Of the case of Joseph Plo-
vanich against A. H. Brew was taken
up in Judge Matthews division of the
district court yesterday afternoon and
will be resumed this morning In
this action the plaintiff sues to re-
cover total of $3,500 damages for an
alleged breach of contract for the op-
Grafton of coal mine and for money
due for labor. McConochie & VIII
liams represent the plaintiff while
Continued on Page Two.)