The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1921-03-22
ASKS COURT T0|
Sc / ASIDE The
A[|MONY DECREE.
Claims To Have Been Grant
ed Divorce Before Wife
Obtained Alimony
UNUSUAL CASE is
BEFORE THE COURT
Hearing Of Exceptions To Ac-
count OF Executor Starts
!, In Probate Court

In motion and affidavit in the case
Of Juanita NJ. Dague VS.. Clark Dague
filed in the Knox county common
pleas court Friday morning, ain un.
usual court proceeding is brought to
light.
The defendant in his motion and af. |
: fidafit alleges that he had been grant.
ed a divorce from the plaintiff in the !
Franklin county court before the |
plaintiff fled suit for divorce and
alimony in the Knox county common
pleas court.
The defendant through his attor-
ney, Horace S. Kerr of Columbus, al
leges that on Nov 1s, 1920, he was
granted divorce from Juanita NJ.
Dague in the common pleas court of
Franklin county and that the plain
tiff had full knowledge of this when
she later instituted divorce and ali.
rnony proceedings in the Knox county
court.
In his motion the defendant asks
the court to vacate the decree of ALI
mony OH the grounds that he had al.
ready obtained divorce and was not
liable for the payment Of alimOny, and
for the reason that the Knox county
court had no Jurisdiction in the mat
ter.
Hearing Exceptions
The-hearing of the exceptions to the
third and final account OF Harry d.
Swetland, executor of Phebe Thomp-
son, was started at 10 O'clock Friday
morning in the probate court of Knox
county before Judge l.. j. Duke. The
exceptions to the account were fled by
Harriet Miles of Columbus. The for
mer executor is represented by Attor-
ney Workman of Mansfield and P. A.
Berry, while the exceptor is repre-
sented by Robert l.. Carr. 1t was
stated at the courthouse that it would
probably require several days to COM
plete the hearing.
Transcript Filed pfi
In the case Of J., H. Weston VS..
Louis Sargent, transcript has been
filed In the probate court of Knox
county from the court Of John Kanaga,
Justice of the peace of Wayne. town.
ship. In the lower court the plaintiff
obtained Judgment In the sum of
$3.50.
Will Is Filed
On Thursday afternoon the last will
and testament OF Isabelle Willyerd,
late of Clinton township. was filed in
probate. BY the terms of the will the
testatriX gives certain personal prop
erty to her daughter, Almira j. Tuck
er, and to her grandsons. John and
Bradley Rumbarger The residue of
the estate, real and personal goes to
her children. S. A. Willyerd, Almira
j. Tucker, Clara w. Davis, Eva w. |
Burke, and to the children of her de-
ceased son, Francis Edwards, and to
the children of her deceased daugh- |
ter, Mrs. Walter Rumbarger. 1t Is the |
wish of the testatrix that the son, s.
A. Willyerd, purchase the home prop.
erty. S. A. Willyerd is named as the
executor. The will was signed August |
g.. 1904, in the presence Of c. b. Har-
ris. George B. Mullin and Claude b.
Michael. A codicil, dated Sept. 25.
s.a9l4. and signed by David +. Lewis
and Elda W. Lewis. directs that the |
sum Of $500 be paid S. A. Willyerd.
Account Is Filed
Henry W. Clark, administrators of
Sarah C. Clark, has filed first and
final account in probate, which shows
the following: Received $S,234.03,
paid out the same sum.
Inventory Filed
T. ID. Updike, administrator of j. 7.
Best, has filed an inventory and ap-
praisement in probate court. which
shows the following: Personal prop
erty 5000, money s242, securities slO,-
325.56, real estate $4,000. Total $780,
494.56.
Marriage License ~
Clarence Engle, farmer, and Mabel
II. Horn, both OF Howard. Rev. J. Il,
Keeling S
30
Real Estate Transfers-
T.. r. bell to N. w. Robinson, parcel
In Gam, 81.