Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1927-02-03
Court House News
+ COMMON PLEAS COURT

DlIu w. INdHHit lIFll ~ a. Siid5.
H. Fouts is appointed guardian ad
litem of minor defendants. Parti-
ton is ordered. Commissioners ap-
pointed-R. F. Miller, T. w Gar
rett and j. H. Perry.
In the partition case of Mary ].
Newberry VS.. Lydia Pickins ct al,
report of commissioners is confirm
ed. Sale is ordered for cash.
In the case of w. H. Bradley VS..
Fred Mummey as administrator of
VIM. Bradley, deceased, plaintiff is
given leave to file amended petition
instanter.
Suit for Attachment
E A. L. Smith has filed attachment
action against The Eastern Ma
chinery Co., at Cincinnati. Peti-
tion states that plaintiff on Dec.
Is, 1926, entered into contract
with defendant for the purchase of
a steel lathe and equipment, to be
shipped within 10 days. The agreed
price was $227.50, the plaintiff to
pay defendant, which he did, one
half of purchase price-$113.75.
The agreement further was that if
machinery proved satisfactory to
plaintiff he should pay the balance
within 80 days from the date of
shipment, and if the machinery
proved unsatisfactory to plaintiff, he
was to return same within 80 days
from date of shipment, freight pre-
paid, and defendant was to return
to plaintiff the sum of $113.75 as
aforesaid paid by plaintiff. Plain
tiff states that he has fully dis
charged all his part of the contract
and agreement, and that defendant
retains the said money. Petition
further states that defendant has
failed to carry out his part of con-
tract; has neglected and refused to
make shipment of lathe and equip
ment at the time agreed upon, and
made no shipment till Jan. 19, 1927,
making shipment of lathe which
plaintiff had no means of knowing
whether it was the lathe contract
ed for, and instead of shipping
lathe to be delivered by the railroad
company to plaintiff, it was shipped
with a sight draft for $113.75, with
instructions to railroad to not turn
over property until draft was hon
ored with the payment by plaintiff.
The way in which goods were ship
ped gives plaintiff no opportunity
to inspect the lathe. Plaintiff de-
mands the return to him of the
money paid, since defendant fraud
ulently violated contract Plaintiff
asks for a finding in his favor of
s113.75, with interest from Dec.
Is, 1926.
Order of attachment on property
is issued, in the sum of $113.75.
PROBATE COURT
In the matter of the estate of
Thomas H. Simpson, deceased, in
heritance tax is found due in the
sum of $64.06. The deceased was
resident of Detroit Mich, and
the tax is on property owned by
him in Ohio.
Frank c. Kinca;d, as executor of
the estate Of Francis NJ Reed, de-
ceased, has filed petition TO sell real
estate to pay debts.
The will of Barney Mickey. de-
ceased, has been filed for probate.
Howard w. Lindimore has been
appointed administrator OF the es-
tate of VIM. w. Lindimore, deceas-
ed, late of Meigsville township.
Bond, $4,000.
The will Of Edward .. r!cKibben,
late of Windsor township, has been
filed for probate.
The will of Sarah ]. Warner, de-
ceased, has been admitted to pro-
bate.
The will of Ruth E. Henery, de-
ceased, late of Malta, has been ad
mitted to probate. The will states
that because of the constant care,
kindness and attention bestowed
upon me by my son WadeD. Henery,
and the fact that he has kept up
the expenses, repairs in and about
the home, I give, bequeath and de-
wise to my beloved son. Wade D.
home in Malta, upon the condition
that he pay my just debts, funeral
expenses, and that he erect a suit
able monument to my deceased hus-
band and myself and at the grave of
our son Emmett E. Henery.
Howard w. Lindimore accepts
the appointment as administrator of
the estate of VIM. w. Lindimore.
Bond, $4,000. Appraisers, T. J.
Bailey, E. J. Bell and Geo. w. Du-
vail
It. E. Mckinney as guardian of
CLANCY, Elsie and Wilfred Mahan,
files petition to sell real estate.
The will of John T. Elliott, late
of Meigsville township, has been
fled for probate.
Amos Morris, Robert Slater and
Daniel Slater have been appointed
appraisers of the estate of John M.
John @. Lyme as administrator
with the will annexed, of the estate
Of Zachariah Carpenter, deceased, |
files his petition to sell real estate
70 pay debts.
Marriage Licenses
VIM. Stanley Bowles, moulder,
Malta, son of Howard Stanley |
3owIes, and Bertha Mae Simpson, |
eacher, daughter of Jerome A. |
Simpson, Windsor, Rev. C. FL. Mo- |
in officiating.
Dale Calendine Scott, trackman, |
ION, of Walter *. Scott, and Jose !
,hine Wilson, daughter of Henry (