Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1917-12-20
COURT DECIDES AN
M IMPORTANT CASE
After Much Evidence is Submitted
Judge Orders Jury to Return
Verdict

hO SoSC VI ~. L. pSOu anu
20. S. White VS.. Earl Jump was being
tried as we went to press last week
Thursday noon the defendant finished
his case and the plaintiffs then made
motion asking that the court take
the case from the jury and direct a
verdict in their favor. After the mo-
ton was argued by the opposing
counsel the court sustained the mo-
tion and directed the jury to return
a verdict for Messrs, Sampson and
White. The action was brought on
some notes which Jump gave to
Sampson some time during the year
of 1912. 1t seems as though in Oc-
tober 1911 Messrs. Sampson and
White sold to Jump a half section of
land which they owned in Canada
and in the following spring Jump
moved onto it and remained there
until late in 1914, raising three
crops on the land. He bought the
land on what is known as the crop
payment plan, paying for the land
out of a part of each years crop.
Soon after Jump moved to Canada
he decided that he would require
more money to run the farm than
he had figured on. and also he de-
sired to enter the stock raising bus
iness, and he borrowed various sums
Of Mr.. Sampson and gave his note
In return. Late in 1914 he aban-
doned the farm and returned to Iowa
where he now resides. Suit was
brought on the notes. Jump admit
ted giving them and that he had not
paid them, but through his attorneys
filed counter claim against Messrs.
Sampson and White claiming that
they defrauded him in selling him
the Canada land. and that they had
misrepresented It to him. He claim
ed that 1T was covered with rock and
that the soil was hardpan and almost
impossible to till. He further claim
ed that it was worthless and also that
he had been damaged in the sum of
$500, for which amount he asked
judgment against them. Jump as a
witness gave evidence to support his
claims, but when he was confronted
with at least dozen letters he wrote
while on the land wherein he express
sed himself as being pleased with the
land and the future prospects, he
stated that at the time he wrote
them that he must have been ir-
responsible and that the commission
ers of insanity should have sat on
him." Plaintiffs motion for a d.
rected verdict urged as one ground
therefor that this same claim of
fraud and Misrepresentation as urged
by Jump had been decided against
him in former trial between the
same parties and that being the case
could not again be tried. After a
lengthy argument by opposing coun-
sci Judge Wheeler sustained the mo-
ton and ordered the jury to return
a verdict for Sampson and White,
and at the same time gave Judgment
for them against Jump and dismissed
his counter claim and taxed the costs
of the suit against him. White &
Clark, of Abel, were attorneys for
Jump, and plaintiff appeared by
Mantz & White of Audubon
The case of II. G.. Walters VS.. Geo
Leffingwell and James Law was tried
last week and was taken under ad-
visement by the court. 1t was over the
ownership of tool house belonging
to the house moving outfit formerly
owned by Walters & Law, and later
sold to Law and by him to Letting
well. Walters claimed the house as
his individual property and brought
suit for it. Friday Judge Wheeler
entered judgment awarding the
house to Law & Leffingwell. q.
The two cases of Harvey Hight VS..
Martin Martinsen and that of N. A.
Nelson VS.. Martin Martinsen were
settled without trial. In the formeyr
Hight sued for 500 and it was set
tied by Martinsen paying about SIS,
and in the latter case Martinsen paid
Nelson about $50. Nelson sued for
500 and Martinsen had counter
claim for $215.
Mrs. Elsea Richards was granted
her divorce from Jesse Richards at
this term of court.
Judge Wheeler left the city Fri
day morning and left an order ad-
journing court until the 29th of this
month.