Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1926-10-14
Court House News
COMMON PLEAS COURT
New Suit Filed

taxpayers or homer LCWnEI.D, 1dVt
filed an injunction suit against the
trustees Of Homer township, Glare
Wells as treasurer of said township
and Howard Murphy, to restrain
them from carrying out the pro.
visions Of certain resolution pass.
ed by the said trustees to widen, i'm.
prove and grade certain road
where it crosses plaintiffs lands
The petition states that the resolu-
tion was passed without any certifi.
cate that the money required fol-
such work was in the treasury tc
the credit of the fund out of which
the same could or would be paid, OF
was in the course of collection; nor
was any certificate Of any kind as
to the funds made or filed by the
clerk of said township, as required
by law. Petition further states that
said resolution did not specify the
width which said road was to be
made, nor distance back to which
said land owners should move their
fences; nor did it state amount of
money to be used in making said
improvement, nor was there a con-
tract made with the person for the
performance of said work; that the
defendant Howard Murphy has with
out any contract, entered on plain
tiffs' lands and has unlawfully cut
down trees, thrown out their fences,
and despoiled their lands in general
outside the limits of said highway,
and expended therefor the Eunds
placed in said township treasury by
virtue of taxes imposed on plaintiffs
and others, and will continue to do
so unless restrained. Wherefore
plaintiffs pray that the court ascer-
tain the amount of public funds so
far drawn out of township treasury
by Howard Murphy, and that he be
required to refund same. Also that
the township treasurer be tempor-
arily enjoined from issuing pay for
any further work to be performed
on said road, under said resolution,
and that the township trustees be
temporarily restrained and enjoined
from proceeding further under said
resolution; from paying out money,
ETC., and that the said resolution be
decreed to be null and void. That
on final hearing temporary injunc-
tions be made perpetual. Temporary
injunction is allowed by the court.
Bond is fixed at $500.
The case of w. S. Harris and wife
VS.. A. M. Deem and H. I. Morris be-
gan here Tuesday in common pleas
court to a jury, with Judge Harry
M. Finley presiding. The action
grew out of the leasing of oil prop
erty. The plaintiffs purchased 1877
acres from Florence Doan, sister of
Mrs. Harris, however the agreement
was for Mrs. Doan not to give deed
for farm until the full purchase
price had been met. In the mean
time the plaintiffs gave a lease to
Deems and Morris, which was in the
year 1923. They drilled we'll and
started the second one, and then
learned the conditions under which
The place had been leased, went to
Mrs. Doan and also leased the place
from her. drilling and operating, un-
Ill ordered to quit 1t is stated that
they retained the Harris lease. In
he meantime Harris finished pay
ment on farm, getting deed from
Mrs Doan. Harris broUeht suit for
'ental which he claims due him. The
defendants in a cross petition
in "a counter cl7ir, for
much larger sum, which they allege
S due them for damages in not being
permitted to operate the lease. A
number of fine points of law are in
Iolved. The case will likely go to
he jury this forenoon.
PROBATE COURT
The will of Geo. W. Reed, late of
Marion township, has been filed for
Chester Reed, executor of the es-
ate of Seth Reed, deceased, files
lis inventory of the property be-
onging to said estate. Total ap-
,raisement, $17,055.07. Real es-
ate, $4,000; personal, sS,055.O7.
In the matter of the will of Seth
Reed, the widow elects to take under
he will.
The will of John Carr, deceased,
ate of Union township, has been
admitted to probate. By it's terms
lis sons Charles and Thomas, and
lis daughters Florence Parsons, Ar
mona Campbell and Mary Parsons
ZACH receive SIS. All the remainder
S willed to his daughter Alta Stock
Iale, absolutely and forever.
Wilbur McFerren files first and
inal account as guardian of Paul F.
ourt finds that said Paul F. Sher-
ock is now sane, having been dis
harged from the Athens state hos
'ital as recovered, and the court
ives orders that the balance due
i'm, amounting to $1,512.70, be
urned over to said ward. Said guar
ian is discharged from all further
ervices as such guardian.
Emmett Woodward as guardian of
fancy J. Woodward, has been
ranted authority to lease premises
or oil or natural gas.
Marriage Licenses
Earl Breckenridge Trembly, su-
lumber company, Par
ersburg, w. Va, and Edna Mae |
forris, daughter of Riley E. Morris,
'enter township, Rev. H. E. Stinson |
fficiating.
RECORDERS OFFICE
Leases: and Mamie |