Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1922-09-21
COURT HOUSE NEWS
COMMISsIONERS

l.. +. jenkins was awarded the
contract to furnish the material
land do the labor on the Walls
bridge. Bristol, at his bid of $425.
The other bid was by E.. n. Clifton
& Son, $415.98.
The bid of Albert Mautz on the
Irish Rock culvert was rejected,
because the bid was above the es-
innate Since his was the only bid,
the surveyor was instructed to
make a new estimate, and the clerk
was instructed to advertise the
, same according to the new plans
and estimates of county surveyor.
w. A. Barkhurst was instructed
to have repaired the Mcconnell run
bridge near the river.
The clerk was instructed to ad-
vertise for sale the west abutment
of the John Gray bridge, Union
township.
Ellis Payne was appointed men,
her of the burial committee for
Penn.
The county surveyor was in
structed to purchase one 36 inch
x Is foot eulvert, to. be used on the
McInturf road in Marion township,
near the Riggleman home.
COMMON PLEAS COURT
In the Injunction case of Nettie
Henderson ct ano VS.. the incorpor-
ated village of McConnelsville ct al,
which was heard last April. Judge
LYME handed down his decision Sat
urday as follows:
Temporary injunction made per-
petual. Title quieted Defendants
Cochran to have drive way across
the north end of alley. north of
gate. Judgment for costs against
defendants. Defendants except.
Defendants give notice of appeal.
The appeal bond is fixed at 5000.
The issues in this case attracted
considerable attention. The point
in dispute was as to the ownership
of 161s foot strip of land be-
tween the Henderson and the
Cochran place-whether or not
this was public alley. For the
town as laid out by Robert McCon-
nell, this was to be a public alley.
and was used as such At the death
of Robert Mcconnell the property
through his will came into his son
James McConnell's possession. In
the year 1858 the property was
purchased by Mr.. ARA Alderman,
and his deed called for the 161a
foot strip, which the plat as re-
corded showed. and for over 80
years. it was stated. the town never
exercised any authority over 1t.
Later Mr.. Alderman laid out the
lots as Riverside addition, which he
had plated, and the plat was ac-
cepted by the village. In this plat
he rededicated the lower part of
the 16h foot strip as an alley.
However the porth end of the al
ley. the disputed part, was included
in lot 5. and when this plat was ac-
cepted by the village no claim was
made as to the 16M foot strip. In
1908 Mr.. Alderman built the prop
erty now owned by the Misses Hem
derson and 1t was built on the dis
puted alley by about seven feet.
The village council year or so
ago passed action to have this alley
opened up. A restraining order
was brought by the Hendersons, in
which they asked that the defend
ants be perpetually enjoined from
in any manner disturbing plain
tiff's rights or title to the strip, and
that their title to the premises be
quieted.
The defendants claim was that
it was public alley; that it was so
surveyed and laid out by Robert
Mcconnell. and for years was so
used. He asked that it be not
closed.
The following trial assignments
have been posted: Tuesday. We'd
nesday and Thursday, Oct. IT, 18,
10, the state of Ohio VS.. A. P.
Pinkerton, making and publishing
fraudulent statements. Atty's M
e. Danford and A. A. Porter will
represent the defense, while Prose-
cutor G.. o. McGonagle represents
the state.
Monday. Oct. %, state of Ohio
VS.. w. D. Adrian, unlawfully prac-
ticing medicine.
New Cases Filed
]. A. Bump has filed an attach
ment suit against The Malta Petrol
cum Company. The petition states
that defendant employed plaintiff
upon certain leases for oil and gas,
to perform labor by pumping and
general lease work, at the rate of
S11O per month, in addition to
lease in which the plain
tiff has an undivided interest, and |
in pursuance thereto plaintiff per-
formed labor for defendant for
July, August and September, and |
defendant became indebted to |
plaintiff in the sum of $500.
"The Stockport Hardware Co. |
rs. David Lang and Robert M.
Campbell is the title of a new
suit filed. Plaintiff in petition states
hat there is due them from de-
'endant $326.5O with interest from
Aug. FL, 1922, for oil and gas well /
supplies.
PROBATE COURT
Finding of the estate of Sarah p.
deceased. not subject to
tax.
The estate of Wilbert H. Giles
'ie has been fully settled, and the
administrator is discharged.
The estate of Chauncey B. Smith
las been fully settled and the ad-
Florence M. Smith.
discharged. /,
Marriage Licenses Il
Perry e. Cheffey, farmer, Water
ord. and Marie Carol Blackburn.
eacher. daughter of VIM. N. Black
urn, Rev. w. M. Mackay officiat-
ng. n
Howard Swackhamer, miner.
)eavertown. son of Geo. Swack-R(
1