Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1925-09-17
COMMON PLEAS COURT

OF GnlS pTOCoeulHS, uer equity OIL re-
demption be foreclosed and the
premises sold.
In the divorce proceedings of
Gertrude Harman VS.. Harvey Har-
man, defendant is ordered to pay
plaintiff temporary alimony in the
sum of $40, within 10 days.
The case of Mary Martha Hayes
VS.. Paul M. Hayes, for divorce and
custody of children, was heard Mon
day, and the matter was taken un-
der consideration by the court.
In the action of Fred Mummey as
administrator of the estate Of VIM.
Bradley, deceased, VS.. Wilkes Brad
ley, petition to sell real estate to
pay debts, the finding is to sell real
estate to pay debts. Appraisement
is ordered in two tracts. Howard
Mccormick, Elmer Harris and Hugh
Ingram are appointed as appraisers.
New Suits Filed
T. M Glidden has filed suit
against c. e. Harper as auditor of
Morgan county, and the Foy-Nixon
Construction Co., corporation, to sat-
isfy an alleged claim of S77.08 and
interest from Sept. 80, 1925, which
lis for articles, materials and goods
used in connection with the build
ing of the Malta-Eagleport road.
Petition states that by the terms of
the contract it was agreed by The
Foy-Nixon Construction Co., through
it's agent J. c.. Johnson, that said
account should be raid to pla 'ntiff
by a warrant Issued By The ccantJ
auditor directly, in favor of plain
tiff for the amount due on said
fund, which might thereafter be-
come due and owing from Morgan
county for said Improvement of road
Petition also states that the Foy-
Nixon Construction Co. is attempt
| Ing to repudiate contract and is de-
manding that the auditor issue war
rant to said construction company,
| for the whole amount due and un-
| paid for said road Improvement,
which is about $4,000, leaving plain
tiff's claim unpaid; and plaintiff
says that auditor will, unless re-
strained by the court, issue his war
rant in favor of the Construction
Co., without retaining any part Of
said money, to be applied on plain
] tiff's claim. Construction Co. is de-
nying the right of auditor to issue
his warrant in favor of plaintiff and
lis denying plaintiffs right to have
said claim paid out of said funds.
| Plaintiff asks that the auditor be en-
! Joined from issuing a warrant on
the county treasury, in favor Of said
RConstruction Co., without first de-
lducting therefrom the amount of
iplaintiff's claim, etc. Plaintiff prays
for temporary injunction, to issue
at once and to continue in force un
/ til this cause is heard on its merits
Tor until later modified by this court.
Temporary injunction is allowed by
1.-THE court.
! The following parties have also
filled suits against the same parties,
with similar issues:
Brown Manly Plow Co., amount
[alleged due, $10S.60.
w. E. Dsedrick, S16S.7S.
| Twin City Transfer Co., S65.
In each case temporary injunction
lis allowed by the court.
Walter Finley has filed suit
against L. r. G@rhart for order of
attachment in which plaintiff seeks
Judgment against defendant for
s215.e0 and interest, which amount
it is alleged is due for rent of plain
tiff's barn in McConnelsville.
PROBATE COURT
George Taylor has been appointed
administrator with the will annexed
of Henry Taylor deceased. Bond.
$4,000. Appraisers, VIM. Niceswan
ger, Frank Shuster and Floyd Tor
bert.
/ j. S. Taylor as guardian Of Chas.
w. Naylor, an adult insane person,
files second partial account. The
court finds a balance remaining in
the hands of the said guardian, ST.
/ 500 in bonds, par value, and cash
amounting to S14.40.
The estate of John Carpenter has
been fully settled, and Cora Carpen-
ter, executrix, is discharged
In the matter Of the guardianship
of Leona Wade, Marjorie Wade,
4 Henry Wade and Maxine Wade, Ber-
tha Wade as guardian files second
partial account The court finds
that Henry Wade is deceased and
that his estate was administered
upon and that said Bertha Wade
turned over the sum of $794.25.
She is discharged as guardian of
said Henry Wade, deceased, and the
court finds there is balance of
l$3,O22.O4 due the three remaining
wards.
Application has been filed for the
appointment of guardian for VIM.
III. Starting, an alleged imbeciIe, and
by reason thereof incapable of taxi
ing care of his property. Cause is
set for hearing on Sept. "a.
Marriage License
SherIey J. Randall mechanic,
IChesterhill, son Of Frank Randall, !,
and Emily e. Ham, nurse, daughter
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