davidaulloa/AmericanStories huggingface dataset:
Fitzgerald leader enterprise and press., 1927-03-24

Mrs. Waite Volquitt, of Cordele,
the Worthy Grand Matron of this dis
trict, visited the Eastern Stars here
at the last meeting. She came to in
spect the lodge and give interesting
and helpful ideas along lodge work.
There was large crowd at the meet
ing.
Fitzgerald leader enterprise and press., 1927-03-24

PIANO TUNING-For first class
piano tuning leave your order with
Miller & Raine Furniture Co.
Fitzgerald leader enterprise and press., 1927-03-24

See Home Ties," play given by
the teachers of Ashton school, at
Osierfield, Friday night, March 25,
$3.50 p. m. Admission Is and .25e.
The play is given for the benefit of
the school,
Fitzgerald leader enterprise and press., 1927-03-24

The high school pupils of Ashton
have organized literary society.
We will give a program every Friday
afternoon.
, 1927-06-18

AB&AS@~ -
bank Books,
ACCORDlNG to the Board OF D
"A rectors' Resolution Of 70 Apr
1927, Paragraph (e) Of the Regula
tons has been changed so as tt.
read:
All Withdrawals shall be entered
In the Savings Bank Book, and such
payments Will as a rule he made to
the person producing the Savings
Bank Book, against entry OF the
amount in the eook; but the Bank
is entitled to demand Identification
and to examine the correctness OF
powers, receipts, etc.
Any amount written off in the
book, shall be deemed and held as
proof Of good and valid payment to
the %depositOr.
ST. Thomas. the 81 May 1927.
THE NATIONAL BANK OF
THE DANISH WEST INDIES.
The DIRECTORS
AXEL HOIST. IHAGE.
, 1927-10-12
NOTICE OF INCORPORATION

PUBLIC NOTICE is HEREBY
GIVEN that on the 26th day of
September, 1927, at 9:O5 o'clock,
a. m. the undersigned Incorporation
filed in the office of the Secretary
of State of Wyoming it's certificate
of Incorporation.
The name of said corporation
shall be HOODOO OIL COMPANY,
its object being to purchase, OBJ
tain. own, sell and transfer oil or
other mineral producing lands and
royalty interests therein. to acquire
leases and permits from the United
States of America or any subdivi-
sion thereof or from any private
parties and to sell interests in such
leases and permits; to do all things
necessary and incident to the carry
ing on of the business of purchas-
ing and acquiring oil and gas lands
or interests therein and drilling or
exploring the same for oil or gas
or both of them. The amount of
capital stock of said corporation
shall be One Hundred Thousand
($100. 000.00) dollars. divided into
one hundred thousand shares of the
par value Of One Dollar each. The
term Of existence of said corporation
shall be fifty years. The number of
directors shall be three and the
names of those who shall manage
the affairs of said corporation for
the first year are Edward v. Rob-
~ertson, W. o. Tayor and Paul R.
Greever. all Of Cody. Wyoming. The
principal operations of said corpor-
alton shall be carried on in the
town Of Cody, Park County. Wyom-
ing and the principal office of said
corporation in this state shall be
at Cody. Wyoming. at No. 16 West
Sheridan Avenue, and Paul RGGree-
yer shall be the agent in charge
thereof.
DATED this 2sth day of Sep
TENDER. 1927.
HooDoo OIL COMPANY
BY Paul R. Greever
Attorney
First publication Sept. 2Sth. 1927
Last publication Oct. 18th, 1927.
, 1927-10-12

file their claim within the time pre-
scribed by this notice, the State, for
which said Commission is acting.
shall in no wise be liable to any
such persons, firms or corporations
for any claim he. 1t or they may
have for material furnished or work
done in connection with such con
struction, and If such claimant shall
fail to file his, Its or their claim
for such work done or material
furnished within a period of sixty
(60) days after such work is finally
completed, he. it or they shall be
deemed to have waived his, its or
their claims for payment of such
work or material furnished t he
State of Wyoming.
At the expiration of 90 days from
the time of the final completion of
the work on this project all moneys
due to the contractor must be paid
to the contractor unless claimants
against said money shall in addition
to filing claims commence an ap-
propriate legal action against said
contractor attaching any money held
by the State Highway Commission,
or secure an assignment from said
STATE HIGHWAY COMMISSION.
publication October ~, 1927.
Last publication October IS. 1927.
, 1927-10-12
SouIcE OF FINAL PAYMENT

Under the provisions of Chapter
ISL. Session Laws of Wyoming.
1921. notice is hereby given that
the State Highway Commission is
advised that the work On Project
No. u03-C. the same being the work
under contract by Threet Brothers.
In the County OF Park. has been
completed, and that the Contractor
is entitled to final settlement there
for.
All persons. Arms or corporations,
who have any claims for work. done
or material furnished o n such work.
shall. within thirty 600 days from
October rs, 1927, file with the State
Highway Commission a verified
statement of his, Its or their claims,
and III he, 1t or they shall fafl to
, 1927-10-12

PENDANT. whose present address,
whereabouts and place of residence
are unknown:
You are hereby notified that By
ron w. Wallace has heretofore on
the 4th day Of October, A. D. 1927,
filed in the District Court of Park
County, Wyoming, his Petition al
leging that o are his wife and
praying that he be granted a divorce
from o on the grounds Of cruelty,
desertion and ~intolerant conduct.
YOU ARE ALSO NOTIFIED that
unless you answer said petition or
otherwise plead thereto on or be-
fore the 26th- day of November, A.
D. 1927. that the allegations of said
petition will be taken as true and
rendered accordingly.
WITNESS, Orilla Downing, Clerk
of said Court and the seal thereof
Cody. Wyoming. this 4th day of
October, A. D. 1927.
ORILLA DOWNING,
Clerk of the Dis
trict Court.
Ernest ]. Goppert.
Cody, Wyoming,
Attorney for Plaintiff.
First publication October S, 1927.
Last publication November 8, 1927
, 1927-10-12
NOTICE FOR PUBLICATION
Department of the Interior
U. S. Land Office at
Cheyenne, Wyoming
September 8, 1927
NOTICE is hereby given that
CARL ANDREW

NOTICE is hereby given that
CARL ANDREW
of Cody, Wyoming, who on Sep
TENDER 81. 1922. made Stock Rails
ing Homestead entry, Serial No.
044549, for Lot A, SW u SWA -,
Section IT, NANEA, NEANwA,
Section 10. WkWk, EkNWH.
NEA SWA Section 20. NWA NWA
Section 20, Township 81 North,
Range 1872 West, and on January
6, 1927, made additional Stock
Raising Homestead entry, Serial No
045152, for the ShSEA. Section
Is. Township 81 North. Range 102
West of the 9Th Principal Meridian
containing 612.83 acres, has filed
notice of intention to make Three
Year Final Proof, to establish claim
to the land above described, before
Orilla Downing, Clerk of the Dis
trict Court. at Cody. Wyoming. on
the 22nd day Of October, 1927.
Claimant names as witnesses:
George Pfrangle, Nels N%ordquist.
w. F. McJunkin, and B. H. Haffey
all of Cody, Wyoming.
MART t. CHRISTENSEN
Register
First publication Sept. 18th, 1927
Last publication Oct. 18th, 1927,
, 1927-10-12

!, The friends of Miss Grace Stew
ardson are glad to hear that she is
getting along nicely. She took sud
denly i'll and was rushed to he
Basin hospital. where she underwent
an operation for appendicitis and
adhesions.
Miss Violet Coe called on Mrs.
Tex Thomas in Cody Wednesday.
G.. A. Wright came up from Pow
ell to spend Sunday at home.
Mrs. Albert Schultz attended a
meeting at the o. L. White home
Sunday afternoon.
Mrs. H. c.. Fritzler has received
word that her mother. who lives in
Iowa, is seriously i'll. Mr.. Fritzler
took her to Billings Thursday night
in order for her to catch an early
train from that place Friday. Mrs.
Albert Fritzler and baby son, who
have been at Pryor. returned home
with Mr.. Fritzler.
Bob Mcneil is helping Mr.. Har-
tung build a barn at present.
Mrs. S. A. Miller spent the week
end at the Hutchinson home.
Mrs. McWilliams and son James
were Wednesday guests Of Mrs. D.
Trimmer.
Mrs. Summers and daughter Ed
ma, the former a sister of Mrs.
Harmon Schultz, arrived here on
Thursday for a visit with her sister
and mother.
Mr.. and Mrs. Sam Aldrich spent
a couple of days last week at the
home of Mr.. and Mrs. E. NJ. Coe.
Several farmers and sheep men
of our community were loading out
lambs last week.
Mrs. Harmon Schultz and chill
dren and Mrs. Harrison spent the
day Wednesday with Mrs. A. L.
Pearson
Mrs. E. E. Newton. Mrs. H. C.
Fritzler and Albert Schultz were
appointed the program committee
for the next Farm Bureau meeting.
October 2Sth.
, 1927-10-12
NOTICE

The following proofs for adjudica-
ton OF water taken before the
superintendent, Chas. A. WEIGH. of
Water Division No. 3, State of Wy
oming. will be open for inspection
at my office in Cowley, Wyoming,
on the 18th day of October, 1927:
Permit No. 1852. Southfork Of
Shoshone river, Adam Walter.
Permit No. 1873, S%outhfork of
Shoshone river, Clay Tyler.
Permit No. 1870, Clarks Fork
river. Clarence Sim.
Permit No. 1858. Spring tribu-
tary Sweetwater creek. Edgar D.
Wilson.
(Signed) CHAS. A. WEIGH. {
Superintendent Water
Division No. B..
, 1927-10-12
NOTICE FOR PUBLICATION
Department of the Interior
u. s. Land Office at
Cheyenne. Wyoming
September 8, 1927.

NOTICE is hereby given that
Elmer TENNYSOE
of Cody, Wyoming. who, on March
Is. 1922, made additional Stock
Raising Homestead entry. Serial No.
04407S. for Lot A. Section Is, Lot
5. Section IT, Sc N Section
20. Lot 8, Section 81. Township
SO North. Range 101 West. of the
9th Principal Meridian, containing
114.27 acres, has filed notice of
intention to make Three Year Fin
al Proof. to establish claim to the
land above described, before Orilla
Downing. Clerk of the District
Court, at Cody. Wyoming. on the
22nd day OF October. 1897.
Claimant anne as witnesses:
Harry Rager, Stanley Quick,
Charles Hartung. Harry Nichols,
all Of Cody, Wyoming.
MART T. CHRISTENSEN,
Register.
First publication Sept. 18th, 1927.
Last publication Oct. 18th, 1927.
, 1927-10-12
NOTICE FOR PUBLICATION
Department of the Interior
U. s. Land office at
Cheyenne. wyo.
September %, 1927

NOTICE Is hereby given that,
JESSE HORNER
of Cody. Wyoming. who. ON Novem-
Der 8. 1922. made Stock Raising
Homestead entry. Serial No. 044493
for Lot 8. SwESEA, SEX SwA
Section Z. Lot 1. Section 8, Lots
1, 2, 3. A. NwASwA. SWA NwA f,
Section II. Lots 1, 3. NhNEA
SEA Mex, NEASEA. Section Is.
Township SO North, Range 1O2
West of the 9Th Principal Meridian.
630.11 acres, has filed
notice of intention to make Three
Year Final Proof, to establish
claim to the land above described.
before Orilla Downing, Clerk of the
District Court, at Cody, Wyoming,
on the 7th day of November. 1927.
Claimant names MS witnesses:
William Pawiey. w. e. Bates. Einar
Theofile O~nbekent. all of
Cody. Wyoming.
MART. T. CHRISTENSEN.
Register
First publication October 5th. 1927
Last publication November Q. 1927
, 1927-10-12
TO: ARTHUR J. DICKEY AND TO
WHOM 1T MAY CONCERN:

ITO: ARTHUR j. DICKEY AND TO
WHOM 1T MAY CONCERN:
YOU AND EACH OF YOU ARE
HEREBY NOTIFIED: that the fol
lowing described real estate taxed
or specially assessed in the name
of Arthur J. Dickey was sold to
Park County. Wyoming on the 22nd
day of August, A. D., 1924 for de-
.linquent taxes, assessed and levied
against said property for The year
1928 and that thereafter on the
22nd day of March, A. D., 1925
the Certificate of Purchase num-
bered 1854 issued to sntd Park
County, Wyoming was duly assign
ed to W. A. Kepford and that the
time of redemption of said property
from said delinquent tax sale will
expire and w. A. Kepford, assignee
of Park County, Wyoming the pur-
chaser at said tax sale will apply
to r. S. Hopes, County treasurer,
or his successor, in office for tax
deed to said property on the goth
day of January, A. D., 1928 unless
redemption is made as provided by
law prior to said date, and that
the property so assessed and sold
at delinquent tax sale and for
which tax deed will be requested is
described as follows, te-wit:
The Southeast quarter of the
Northeast quarter (SEA NEA } of
Section Thirty-four (34); the
South half of the Northwest quar-
ter tShNWA) and the North
half of the Southwest quarter
(NkSWA) of Section Thirty-five
(35), Township Fifty-one esd
North, Range One hundred four
GOD West of the Sixth Princi-
pal Meridian, Wyoming together
with the improvements thereon
and the water rights and appur-
tenances thereto or in any wise
belonging.
DATED at Cody. Wyoming, this
day of September, A. D., 1927.
w. A. KEPFORD,
Assignee of Park County,
Wyoming, Purchaser at de-
linquent tax sale and own
er OF certificate of purchase
j. Goppert,
Attorney for w. A. Kepford.
First publication Sept. 2Sth, 1927.
Last publication Oct. 18th, 1927.
, 1927-10-12
NOTICE FOR PUBLICATION
Department of the Interior
u. 8. Land Office at
Cheyenne, Wyoming
September 8, 1927.

NOTICE is hereby given that
CLYDE j. SIGGINS, ,
Of Cody, Wyoming. who on August
al, 1919. made Stock Raising
Homestead entry, Serial No. 043-
S43. for EhNEH Section az. Lots
8, 8, whNwA. SwA. ShSEH.
Section 23. NWA Section IS. Town
ship 81 North. Range 102 West of
the 9Th Principal Meridian. con-
tanning 63e. II acres. has filed
notice OF intention to make Three
Year Final Proof, to establish claim
to the land above described. before
Orilla Downing. Clerk of the Dis
trict Court. at Cody, Wyoming, on
the 5th day Of November. 1927.
Claimant as Witnesses:
Fred Gail, John kirkpatrick. Ray
Prante and Jessie Lowe. all OF Cody.
Wyoming.
MART T. CHRISTENSEN,
Register.
First publication Sept. 18th. 1927.
Last publication Oct 18th, 1927.
, 1927-10-12
NOTICE FOR PUBLICATION
Department of the Interior
U. S. Land Office at
Cheyenne, Wyoming
September 8, 1927.

NOTICE is hereby given that
Allie d. Mullendore. of Meeteetse,
Wyoming, who, on November 4,
1922, made Stock Raising Home
stead entry, Serial No. O4444s, for
NMSEH, Section ., VIZ, NWH
NEA, SkNEA, NhSEH, SWH
SEA, Section 10, Township As
North, Range 101 West of the 9Th
Principal Meridian, has filed notice
of intention to make three Year
Final Proof, to establish claim to
the land above described, before
Thomas o. Cowgirl, U. S. Commits
sioner, at Cody. Wyoming, Oh the
22nd day of October, 1927.
Claimant names as witnesses:
Samuel Riley, Fred A. Whitney.
George Thayer, and Joe MuIlendore.
all OF Meeteetse, Wyoming.
MART t. CHRISTENSEN.
Register.
First publication Sept. 18th, 1927.
Last publication Oct. 18th, 1927.
, 1927-10-12
oTI TO CREDITORS
In the District Court of Park
County, Wyoming
In the Matter of the Estate of
MIKE DUNLEAvY,

n 0cScdStu.
Notice is hereby given that Let
tiers of Administration were on the
4th day of October, A. d. 1927,
granted and issued to the under
signed in the above estate, and all
persons having claims against said
|decedent are hereby required to file
them with the necessary vouchers
In the office of the Clerk of the Dis
trict Court of Park County, wyom-
ing. at Cody, Wyoming, or to ex-
hibit them with the necessary
vouchers to the undersigned at his
place of residence in Park County,
Wyoming. at Cody. Wyoming. and
II such claims are not so filed or ex-
hibited within ten months from the
date Of the first publication of this
notice that they shall be forever
barred.
Dated October S. A. D. 1927.
JOHN F. COOK,
Administrator.
Paul r. Greever,
Attorney for Administrator.
First publication October s. 1927.
Last publication October 10, 1927.
, 1927-10-12
STATE HIsroRIAa HERE

\ Mrs. Cyrus Beard. state historian.
3r Cheyenne. Wyoming, is spending
a few days in the Cody community.
visiting with those interested in her
work and gathering data for the
little publication which her office
issues each month. Mrs. Beard is
very much interested in her work,
which she has been devoting her
time to for many years. and finds
much to interest her in the Cody
country. On Monday evening she
was the guest of Miss Margery Ross
at the Cody Club annual meeting.
, 1927-10-12
NOTICE FOR PUBLICATION
Department of the Interior
u. S. Land Office at
Cheyenne, Wyoming
September IL, 1927.
NOTICE is hereby given that


CHARLES ]. RHOADS,
of Cody, Wyoming, who, on Aug
ust "a, 1922, made additional
Stock Raising Homestead entry. Ser
ial No.. 044394, for Lots A, s.. IL.
IL, 16. IT, IS, Section 4, Lot 8,
NE N Sc u. Section 5, Township So
North Range 1913 West of the 9Th
Principal Meridian, containing 319.-
so acres, has filed notice of in
tention to make Three Year Final
Proof. to establish claim to the
land above described, before Thorn
as o. Cowgirl, U. S. Commissioner,
at Cody, Wyoming, on the 2Sth
day of October, 1927.
Claimant as witnesses:
George Giles, Cecil Huntington, John
Yates. James Price, all of Cody,
Wyoming.
MART T. CHRISTENSEN,
Register.
Firts publication Sept. 14tn, 1927.
Last publication Oct. 12tn, 1927.
, 1927-10-12
NOTICE OF FINAL SETTLEMENT
OF ESTATE
In District Court of Park County
Wyoming
In the matter of the estate of
EMILY L. RACER,

In the matter of the estate of
EMILY L. RACER,
Deceased.
All creditors and others interest
ed in the estate of Emily L. RACER.
deceased. take note that the under
signed administrator will, on or
before the goth day OF October.
1927, file in the office of the Clerk
of Court of Park County, Wyoming
his Final Account and Petition for
Distribution for said estate. where
anyone interested may examine such
Account and Petition and file OBJ
jections thereto in writing at any
time before the 30th day of October
1927, and If no objections are filed
thereto, he will make final settle
ment of said estate on the 18th
day of November. 1927, or as soon
thereafter as the matter may be
heard.
Dated at Cody. Wyoming this
10th day OF September, 1927.
, 1927-10-12
LESTER NJ. POWELL and
BENJAMIN. E. POWELL,
Plaintiffs,

Al AN
BENJAMIN. E. POWELL,
Plaintiffs,
ARTHUR HAYNES, MARIE HAY
MES and WESLEY HAYNES. Min
ors, md JEANETTE HAYNES
Defendants
TO THE ABOVE NAMED DE-
PENDANTS. Whose last known
|postoffice address was Rural Route
No. IL. Chillicothe. Missouri:
YOU AND EACH OF YOU are
hereby notified that on the 23rd
day of September 1927, the above
named plaintiffs filed in the office
of the Clerk of the District Court
of Park County. Wyoming. their
petition against you, the object and
prayer of said petition being to
quiet title to Lot One in Block
One Hundred Ten. Powell Town
site, Town of Powell, Park County,
Wyoming, in favor of plaintiffs and
to have all right. title and interest
of defendants decreed in said plain
tiffs and to have a guardian ad
litem appointed for the purpose of
representing the interests of the
three minor defendants, to-wit:
Arthur Haynes, Marie Haynes and
Wesley Haynes. and for such other
and further relief as to the Court
may just. according to the
prayer of said petition now on file
in said Court.
Now. unless you answer said Pc
tition on or before the 26th day
of November. 1926. said petition
and all things therein contained
win be taken as true and Judgment
rendered accordingly.
WITNESS Orilla Downing Clerk
of the District Court and the seal
of said Court this 23rd day of Sep
TENDER. 1927.
ORILLA DOWNING,
Clerk OF District Court
(SEAL)
Paul r. Greever.
Attorney for Plaintiffs.
First publication Sept. 28th, 1927
Last publication Nov. End. 1927
, 1927-10-12
Signed: JAMES RAGAR,
Administrator

PauI H. GreeVeT,
Attorney for Administrator.
First publication Sept. 21st.s 1927.
Last publication Oct. 18th, 1927.
, 1927-10-12
NOTICE FOR PUBLICATION
Department of the Interior,
U. 8. Land Office at
Cheyenne, Wyoming
September IA. 1927.

NOTICE is hereby given that
CY JANICKE,
OF Ishawooa. Wyoming, who, on
July %, 1925, made Homestead
entry. Serial No. 0449S1, for Lot 4,
Section 26, Township 40 North,
Range LOG West of the 9th Princi-
pal Meridian. containing 1885
acres, has filed notice of intention
to make Three Year Final Proof
to establish claim to the land above
described, before Thomas o. Cow
gill, U. S. Commissioner, at Cody,
Wyoming. on the goth day of Oct
ober, 1927.
Claimant James as witnesses:
Perry Snyder of Valley. Wyoming,
Clarence Snyder. Bud Cox and Chas.
Pierce all of Ishawooa, Wyoming.
MART. T. CHRISTENSEN,
Register.
First publication Sept. 21st. 1927.
Last publication Oct. 10th. 1927.
, 1927-10-12
NOTTCE OF SUIT
Service by Publication

In District Court of Park County,
Wyoming
, 1927-10-12

NOTICE OF PURCHASE OF REAL
ESTATE FOR TAXES
And of Expiration of Time of
Redemption From Sale
, 1927-10-12

STATE OF M
, 1927-10-12

County of Park
, 1927-10-12

HooDoO OIL COMPANY
By Paul R. Greever
Attorney
First publication Sept. 2Sth. 1927
Last publication Oct. 18th. 1927.
New Britain herald., 1927-03-11
Wants Stenographer
 At Council Meetings

Councilman Donald l.. Bartlett announced today that he will rec ommend to the common council that a stenographic report of pro- ceedings at meetings be provided for in the future. The councilman s recommendation is the result of a muddled condition of minutes found during investigation of fire depart ments appointments. and he claims it is practically impossible to learn NC made many of the motions ap- bearing in the records of meetings. Councilman Bartlett informed Mayor Weld today he regards the ings as inefficient.
New Britain herald., 1927-03-11

to be valid, be brought within one
 Of the specified powers?
 Tn order to answer this question
 q brief survey of the situation is ne
 cessary. When New Britain Was zoned, q small island Of residential
 property in the Russell street sec
 ton was left in zone E entirely sur rounded by less restricted zones industrial on the north and west and
 zone C. on the south and east.
 The section under consdcra ton
 gives the board power to make spe- cial exceptions to the terms of this
 ordinance in harmony with its gen
 eral purpose and intent The gen.
 eral purpose has already been al
 luded 10 in discussing section 26 Of
 the statute. This purpose is clear
 ly to strictly limit the use to which property in the city may he put. with the fundamental idea of pro- noting the health, safety. morals
 and general welfare of the city.
 With the object of forwarding this purpose. lodge rooms were exclud- ed from the Sloper lot.
 Although technically this special exception leaves the lot in zone E,
 practically it puts it in zone C. The
 statute gives minute directions for
 transferring property from one zone
 to another. This procedure should
 have been followed in this case
 Even if subsection (g) gives the
 broad power claimed for it by the residents, it should be exercised on- ly when no other adequate remedy is available under the act. Here the remedy to meet the precise situation
 is plain and clear; the exception
 does not fall under any of the enum- erated powers of the board: the rem edv provided. with it's additional safeguards. should therefore be fol-
 lowed rather than to strain the pro-
 visions of (g) beyond their fair meaning and intent.
 "Jn order to support the action Of the board in this case, it is neces-
 sary to find that il has practically discretionary authority to make sDe-
 cial exceptions provided it acts de- 1 liberately, after notice and hearing and honestly. I agree with the ap- pellants that this presupposes too broad power in the board in view
 of the character of the statute and ordinances analyZci above. The in quiry in each case must be, what is
 the basic. underlying reason for makin., this exception? When this reason appears to come within one of the specified exceptions of 13 g it would undoubtedly be supported , It an exception were granted 10 cor rect a manifest failure of the or dinance to accomplish the purpose of the law in some specific case, the same result might be reached. But when. as here, this reason in the last analysis, is purely and simply
 certain lot, I feel that the board
 exceeded it's authority.
 ''It is probably sufficient to point out that the claims of unconstitu- tionality set up as grounds and 4 on respondents brief are not based on any allegations of the pleading. T find that in making the special exception which is the subject of this appeal the board of adjustment exceeded it's legal powers, the appeal is sustained and the order vacated, without costs.
 JENNINGS.
 Judge"