Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1917-05-12
CIRCUIT COURT
The Adjourned March Term Convened il
Custer Monday, With Judge Levi
MCGEE Presiding.

The adjourned March 1917 term Of
circuit court for this County opened last
Monday morning.
The first case tried was that Of Elk
Mountain Irrigation & Live Stock Com
pany ys. Arthur Cook This vas an ac-
ton for the premises alleged to belong
to the company and kept from them by
| Cook. The evidence showed that in
1913 Cook decided the land to the Com
pany for payment of his one-third Of the
company stock. The other two incor-
porators Of the company, John A Stan
ley and Charles A. Stewart claimed to
| have become the owners of the other
two-thirds under an agreement with
Cook whereby they were to pay out
SS7.5 which was in full for their stock
Cook claimed that they agreed to pay of
mortgages on the land of g., 10000, and
to furnish the money for one hundred
head of stock to put on the premises.
This they denied. The evidence show
ed that the mortgages were still on the
premises and that no cattle had been
bought. Stewart and Stanley put up
some money for expenses in farming
the place and as directors voted them
selves note for what they had paid and
then assessed the stock to pay the note
and sold Cooks stock buying it in them
GplunG Tnnly raf,,gal To fvity
sion and asked that the land be recon
veyed to him. The Court took the mat
ter under advisement pending the filing
of briefs. The evidence was so over.
whelming that Stewart and Stanley had
put nothing into the company or at least
so little that is very likely Cook will get
a decision. Kellar and Stanley appear
ed for the plaintiff, Percy II. Helm and
w. &. Rice for defendant
The next case was that of the Black !
Hills Sanatorium Company VS. A. w |
Harper and Citizens State Bank ofl
Irene, S. d., in which action the com
pany asked that Harper be required to
convey certain lands to the company
and that mortgage on the land to the
bank given by Harper be cancelled. The
evidence showed that the land was that
of the company at Pringle on which it |
was intended to start sanatorium, that
it was bought in the name of Harper and |
the directors agreed to give him 81 900 !
dollars for it and 496 shares of the com
mon stock of the par value Of 500 per
share. IL als0 showed that the land was
in fact purchased with the money of the
corporation and that the bank took its
mortgage with knowledge of that fact
and as security for debt that Harper al
ready owed the bank. 1t also showed
that Harper had put nothing into the
corporation and only $3.50 for an option
on the land. The Court rendered de.
cision that the mortgage be cancelled
and the property conveyed by Harper
to the Company. W. G, Rice and Percy
II. Helm appeared for plaintiff and
Fowler & Fowler and w. A. Simonton
for defendants.
The case of the Sanatorium against DR..
Stewart for unpaid subscription price of
stock was put over the term.
The case of various lien holders
against the property eliminated in a
stipulation between Percy II. Helm, at
torney for the lienholders and Fowler &
Fowler and w. A. Simonton for the
company, whereby the lienholders Sc
cured judgment Of foreclosure of their
liens.
Ia the case of State VS. Schick in which
Schick was charged with grand larceny
for the stealing of oats belonging to
William McClaren, the defendant plead
guilty of petty larceny and was fined
$4,000 and costs.
In the case of State VS.. Bertha Doll in
which August Dolls daughter was charg-
ed with assault and battery on her
teacher, Mrs. Geo. Tubbs, and in the
case of Bertha l.. Doll, the wife of August
Doll, was charged with disturbing the
school, plea of guilty was entered in
both cases and fine of $500 and costs
in the first and $500 and costs in sec
ond case was imposed, the fines sus-
pended during good behavior providing
the costs were Immediately paid, other
wise the defendants to be committed to
the custody of the sheriff.
There being no further business at
this time Court adjourned on Wednes-
day afternoon.