davidaulloa/AmericanStories huggingface dataset:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

but the evidence must be clear and
satisfactory, and a judgment hold
ing that an instrument purporting to
be deed, is in. fact deed, will not
be disturbed in the absence of clear
and satisfactory proof to the con-
trary.
Appeal firm the District Court of
Cass County, North Dakota, Hon. A.
7. Cole. Judge.
Affirmed. Opinion of the Court by
Burke. j.
Divet, Shure, Holt, Frame, Murphy
4 Thorp, Fargo. North Dakota, F. A.
Leonard, Fargo, North Dakota, At
torneys for Appellant.
Wood & Breaw, Fargo, North Da-
kota, Attorneys for Responder.
From Mcintosh County
George E. Christilaw, ct al, Plain
tiffs and Appellants, VS. First Ma
tonal Bank Of Ashley, North Dakota,
q corporation, Defendant and Re-
spondent.
Syllabus: l. Under Section 1882
C. L. 1888, the trial court in the
furtherance of Justice has wide
discretion in allowing amendments
to pleadings, and an order permitting
the filing Of an amended complaint
will not be disturbed when it ap-
pears from the record that the de-
tense has not been substantially
changed by the amendment.
z. The evidence in this case proves
that the defendant bank. through
it's president and cashier, sold the
plaintiffs land upon which it had
q mortgage. under an agreement
with. the plaintiff, that the land was
to be sold the mortgage paid out Of
the proceeds Of sale, and the balance
less five per cent commission, paid
I'd the plaintiff. The land was sold,
and the cash was far in excess of the
amount due on the mortgage, but no
payment was made on the mortgage.
ard after holding the deed for nearly
two years it was returned with the
Information that it was not the
hanks deS1, and the mortgage was
f9reclosed. Held, that it was the
duty Of the bank official to pay the
na&4fgage out Of the proceeds Of the
ssIe Of the land; that the foreclosure
Il void, and plaintiff is entitled to
Judgment setting aside the fore
cl4Sure sale. to cancellation Of. the
ns&ftgage, the mortgage indebtedness
~ {or the balance Of the purchase
PIE Of said land.
Appeal from the District Court Of
Mdtosh County. Hon.. Geo. N. Nc.
KeiiMa, Judge.
reversed. Opinion Of the Court BY
: 'Wisiei 4 wi.hek, Ashley. N. D.,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

FOR RENT-Furnished rooms for
light housekeeping. Mrs. Ada
Rohrer, 618 Sixth street.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

FOR RENT-Four room apartment.
partly furnished. Sleeping porch
and private bath. Hot water heat.
Garage and basement. Good loca-
ton. Phone 214-R or call 1t 6l4
Rosser. @.ss
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

FOR RENT-Office room over
Knowles Jewelry store. Apply to
+. A. Knowles. This room can be
furnished and used as q sleeping
room for one or two persons.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26
DULUTH RANGE.
MINNEAPOLIS CASH CLOSE

Minneapolis, Aug. 26.-tRl-Whcat
receipts today 499 compared to 345
a year ago. Minneapolis cash wheat
and coarse grain closing quotations
today follow:
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

FOR RENT-Room in modern home
suitable for two. For sale: Round
Oak range, ice box and bed. Cali
at 3O5 Third street. Phone 032- r.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

FOR RENT-Two sleeping rooms.
322 Ninth street. Phone 1O54-R.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

FOR RENT-One nicely furnished
room off bath room. Gentlemen
preferred. GA Ave. C. Phone
075.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

SEWING machine practically new
$25, Reed baby carriage 50 and
other household furniture. Bargain
: If taken at once. 6O4 Third street.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

WANTED Hexsekeeper. Mast ~
good cook and nest hON4eke eil6fs
Others need NOT apply. CAN at Az
Ninth street. Phone ol9-
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

FOR RENT-Furnishcd apartment
down stairs. Private entrance.
Phone 745-R, SOB Ninth street.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

MESSENGER boy wanted = Nsessrk
Union. s$a
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26

Phone ~ Tor Tire Service.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-08-26
From Divide County

ham, Minnesota, q foreign corpora
ton, Plaintiff and Appellant, vs. Jack
Mccormick, as administrator of the
Estate of Ella F. Mccormick, De-
ceased, Defendant and Respondent.
Syllabus: /. The county court has
no power to open, vacate or modify
it's DEGREES or orders except for the
causes and at the time and in the
manner prescribed by the statute.
2. Section 1884, c. L. 1913, pre-
scribes and defines the authority and
power Of the county court to open,
vacate or modify it's DEGREES or ord
ers. Section 1896, 1896 and 1897, G..
L. 1918, prescribe the causes for
which and the time and manner in
which this authority and power must
be exercised.
Appeal from the district court Of
Divide County. Hon. John c. Lowe
Judge.
From an order Of the district court
affirming an order Of the county
court denying the plaintiffs appli-
cation to vacate final decree, the
plaintiff appeals.
Affirmed. Opinion of the Court by
Nuessle, ].
T. S. Stuart, of Crosby, and L. J.
Palda, Jr., c.. E. Brace and Robert w.
Palda, Of Minot, Attorneys for APP
pellant.
George P. Homes, Of Crosby. At
torney for Respondent.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
ATHLETES TRAIN
FOR TRACK MEET
Thirteen Events on Industrial
Program September II

Athletes representing various To-
cal industries are training hard for
the Industrial Track and Field meet
to be held at Memorial field in Will
low Brook park on Saturday. Sep
TENDER IT,
Thirteen> events are on the pro-
gram for the day. Eleven of these
are closed to employees of New Brit
ain factories, one is closed to ath-
letes of New Britain and the other
is open to any athletes in the state
The events closed to the industrial
athletes are as follows: 100 yard
dash, 220 yard dash, 440 yard DASH
$50 yard run, mile run, running
broad jump. running high jump, u
pound shot put, pole vault, mile re-
lay and tug of-war.
A special 100 yard dash will be
staged which is closed to athletes
in New Britain. This will be for
the cham pionship of the city. A
two-mile run open to runners in the
state, will wind up the program and
is regarded as one of the best num-
bers of the day.
Ten or more factories will be rep
resented in the meet and eycby one
is out to win. Russell 4 Erwin
walked off with first honors last year
but other factories, especially Lam
ders, F'rary x Clark, are out to
make the champions travel to retain
possession Of the Herald cup.
All the blacksmiths and boiler
makers in the local plants have
been rounded up and they are train
ing their muscles for the tug of-war.
The Vulcan Iron Works is a strong
contender for honors in this event
and an extra heavy rope has been
secured to stand the strain.
Tickets for the meet have been
distributed through the factories
and indications point to record
crowd on September II.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
IN
HARTFORD soccer
team IN ACTION
First Game in American League
at Yel0dr0me Tomorrow

| Hartford. Aug. 10 - Connecticut
fans will get their first glimpse of
the new Hartford soccer team OF the
American Soccer league Saturday
afternoon when Manager Jimmy
Dewhurst's strong Capital City ar
ray will go against the capable Fall
River team at the Hartford velo-
drome.
| Manager Dewhurst has secured a
very strong team for this opening
exhibition. Fall River having won
the national cup last year.
The signing Of a new center for
ward is announced by the Hartford
manager. His name is Owen: he
formerly was with Preston Northend
and Southport Center in England
and recently has been playing in
| Canada where he was the leading
goal scorer
The acquisition Of Owen is hailed
| by local soccer fans as notable adj
dition to the Hartford roster. Dew
hurst has marshalled an array of
real soccer talent and Hartford is
sure to be heard from when the
league season, gets under way next
month.
The k-off Saturday is set for 1
o'clock, daylight saving time. 1t is
expected that In addition to the Soc
Ger fans of this city and vicinity,
there will be many on hand from
other parts of the state and from
western Massachusetts.
Tomorrow's game will be the first
of a series of exhibitions in which
Hartford will meet the leading
teams of the east.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
Tennis Date HAS
BEEN Set AHEAD
Doubles Championship to Be
Started on Saturday, August q

The tournament committee of the
New Britain Tennis club has de-
cided to start the doubles cham
pionship matches on Saturday,
August 81. instead of the later date
at first mentioned. Because of this,
entries will close for the doubles on
Thursday, August IS, at G o'clock in
the evening.
The drawings will be printed the
following day and every team should
schedule its matches at once as the
second round must be completed by
September 2.
The tournament is open to anyone
living in New Britain or vicinity.
This includes Ktnsington. Berlin,
Maple Hill and Plainville. Matches
may be played on any court suitable
to the contestants or the club courts
may be reserved by telephoning Van
Open at 345.
Entries for the tournament should
be mailed without delay to r. w
Hoffman at $50 Chestnut street.
If minimum OF 90 entries can
be secured, a junior tournament for
boys up to and including IS years
of age will be staged. Entries for
this event should be sent in imme-
diately to Fl. Van Open at p. O.
Box 1S9.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
TABS VS.. MERIDEN
Kcnsingtm Junior Team Slated to
Meet Fast Silver City Aggrega-
ton Tomorrow.

The kensington Tabs will meet
the St. Johns baseball team OF Mer-
iden at the Percival avenue grounds
in kensington tomorrow afternoon
The visiting aggregation has been
travelling at a fast pace this year and
the Tabs are in for plenty of trouble.
The Silver City crew has an es-
pecially hard hitting team and the
management Of the Tabs will use
either "Slim" Politis or Joe Mctor-
mick in the box in an effort to tame
the visiting delegation. The Merl-
denies are prepared for hard
battle and hackers of the team con-
fidently expect to tuck away a VIC
tory.
The contest will start tomorrow
afternoon promptly at 3 O'Clock.
Ripper" Mckeon will hold the in
dicator
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
BIG TENNIS MATCH
Doubles Match Between 1ildcn ana
Hunter and Doeg and Lott Head
lines Play.

Forest Hills. y. Y. Aug. 10 Up
A doubles match scheduled today
between William r. Tilden and
Francis T. Hunter active members
of the American Davis Cup team,
and Johnny poeg and George NJ.
Lott. Jr.. youthful alternates for the
international series, vas to head
lines the annual east-west competl-
ton opening at tho West Side Ten
MS club.
Two players greatly responsible
for the eastern victory last year viii
be- missing from their posts. Tildon
has Withdrawn from the singles and
Vincent Richards, now profession
al is Ineligible. The west Will be
minus thu services Of Little Bill
Johnston
The west viii roly chiefly on
group OF boys, most Of them still in
college.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19

them out of a series last year.
The Falcons are ready for any
thing that Manager John Tobin can
send against them. Many of the
players figure that the brush with
the Red SoX is only another ball
game and the crew confidently en-
poets to come out on top.
Although neither manager has
named his pitching selection for the
first game, it looks like Berg and
Bucholtz. Berg came through last
week in Hartford to pitch L no-hit,
no-run game and this alone should
give warning to the Falcons that
the big boy is in wonderful shape.
BUckholtz, however, was the nemesis
of the Corbin team last year in the
games with the All -Kensington crew.
He easily beat the locals and he has
been going along in great shape this
year.
The teams, on paper, compare
very equally. Where one appears
to be slightly stronger than the other
in one position. the balance is kept
in another position where the situa-
ton Is reversed. The Sox may have
an edge on the Falcons in the catch
ing department comparing Aopec
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19

The New York Yankees today
were IS full games ahead Of Wash
ington in the American league pen
nant quest. While the lowly st.
Louis Browns We're trimming the
Senators in extra innings the Yanks
were battling II exciting stanzas for
a 5-4 victory over Chicago yester-
day. With only 80 games remaining
on the schedule the Yankees could
lose 25 and still tie Washington even
if Bucky Harris team won every
one of its remaining Al games.
Ted Lyons pitched brilliantly for
the Sox in pinches yesterday un-
til he reached the 18th inning. Tired
by the strenuous pace. he forced In
the winning run by walking Mike
Gazella with the bases full. The
Yanks committed five errors in the
field but balanced this shortcoming
with as many brilliant plays at criti-
cal junctures. The contest was
devoid of home runs.
Alvin Crowder, formerly of the
Washington pitching staff. received
credit for the st. Louis victory over
his ex-teammates. Crowder reliev-
ed Ballou In the fifth inning and
pitched eight scoreless innings, st.
Louis winning in the 18th, to 8.
Walter Johnson, who started in the
box for the Senators, retired in the
seventh. Melillo's sacrifice fly with
the bases full and one out sent Sis
Ter home with the winning tally.
After three victories in a row
over Cleveland, Philadelphia bowed
to the Indians, FL Max Bishops
error in the eighth let in the win
ming score. The game was a pitch
ers' battle between Sammy Gray
and Eddie Rommel Of the Macks
and Shaute of the Indians.
All games in the National league
were postponed by rain.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
(BY BILLY ENANS)
Title Formula

Here is the formula of Helen
Wills if you would become a tennis
champion:
Perfection of play is the result of
much practice. 1t develops foot
work, the basic fundamental of the
game.
Do not make an effort to select as
your opponent players you feel GER
tain you can defeat. Nothing Is
ever learned from playing with in
feriors.
Seek variety OF opponents and,
if you would help your game. go
against better players than yourself.
1t is from them you will learn your
faults.
Concentrate when the ball is in
play but be able to relax in between.
One plays better tennis if the sport
is a pleasure rather than business.
Select your equipment carefully
and do lot of experimenting until
you satisfy your needs perfectly.
With Suzanne Lenglen turned
professional. there is no question as
to who is the greatest amateur
woman tennis player. That honor
goes to Helen Wills all by herself.
Having seemingly suffered no i'll
effects from her operation for ap-
pondictis, she is playing in better
form than ever before, and should
rule for years to come.
Helen Wills first gained national
recognition when she came east in
1921 to win the national girls title.
She repeated the following year.
Miss Wills started playing tennis in
1919, then being Is years Of age.
pionship from Mrs Mallory. con-
vincing proof of how fast she de-
veloped her game.
Miss Wills is a protoge of the
veteran coach Pop" Fuller, who
early saw the possibilities in her
game and proceeded to develop
them along sound lines. In rising
TO the position of the greatest
woman player in the world. she has
more than made good his Judgment.
For three years, 1923 to 1925 in
elusive, Miss Wills reisned supreme
in America. Last year an operation
for appendicitis. shortly after she
was beaten by Suzanne Lenglen In
France, caused her withdrawal from
the national championships. It
offered Mrs. Mallory chance to
pull sensational comeback and win
back the laurels that Helen Wills
had wrestcd from her in 1923.
Winning the national champion
ship at II was notable tennis
feat, but at that Miss Wills wasn't
the youngest titleholder in the his
tory of the game. When May SUIT
ton won the championship a score
Of years back. she was two months
younger than Miss Wills was wher
she was victorious in 1928.
Unlike a great many Of the tennis
| champions. there was no brillian'
tennis BACKGROUND at home. Neither
| her mother nor father ever played
| the game. Her rise to fame and c
championship was planned under the
| guidance Of her coach. Pop" Fuller
! and credit is duo him.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
CHURCH LEAGUE GAMES
First Lutherans On High Road to
Championship, Get Forfeited
Game Tonight.

The First Lutherans, needing only
three games to clinch the Inter-
Church baseball championship, will
win one of them tonight when they
take a forfeit from Kensington,
which has dropped from the circuit.
They have two games left with the
Bible class and one with the Swed-
ish Bethany, and victory in any
two of those will clnch the cham
pionship, while one win will ensure
a tie, even if the ST. Mats capture
all their remaining three contests.
The games with be played at Will
low Brook park this evening. The
Trinity Methodists will meet the
Stanley Memorial team on Diamond
No. . in what should be close
game. The Methodists have been
coming back after dropping toward
the tail of the league. while the
Stanmors in recent games have lost
the punch which carried them up
among the leaders during the early
contests.
The Center Congregationalists
are scheduled to play the Swedish
Bethany nine on the grass dia-
mond" The Bethany outfit, play
ing good ball lately. has struggled
up to sixth place and will make
trouble for all opponents. The Cen
ter church has been forced to use
all manner of substitutes in its last
few games but has surprised by Of
fering stiff battle despite its weak
ened condition.
The First Baptists and South Con-
gregational church will play off a
postponed game. The Baptists have
been hitting the slide but should be
back nearer top strength tonight
and able to put up a fight. The
South church. slightly weakened.
still has plenty OF strength left and
is looking forward to a dash into
third place.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
CITY TITLE SERIES WILL :
START SUNDAY AFTERNOON
Corbin Red Sox and Falcons to Meet In First Game
Both Teams Being Backed Heaviy-Practice SEES.
sions Held During Week In Preparation For the
Battle-Berg and Bucholtz Likely to Oppose Each
Other-Teams Equally Balanced

The first battle of the season of
1927 for the city semi-pro baseball
championship will be staged Sunday
afternoon at st. Mary's Field be-
tween the Corbin Red Sox and the
Falcons. No more bitter diamond
enemies ever met in combat in this
city than the two squads which come
to grips in the first brush in two
seasons.
The Corbin Red Sox are ou. for
revenge. The team is not only in
tent on winning the game because
it is the first in the battle for the
city title, but the players want to
pay the Falcons back for shutting
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
FIGHTS LAST NIGHT

BY the Associated Press.
New York Tommy Freeman
Hot Springs, Ark. defeated Harry
Mason, Great Britain, 10. Farmer
Cooper. Terre Haute, Ind, defeated
George Levine. 10, Billy Alger, Phoe-
nix, won from Jimmy Finley, Louis
Vile, 10. Clyde Huh, Clark, s. d.,
Knocked out Irish Tommy Jordan,
Brooklyn. .
Wichita, kaS. Mike Arnold,
Denver, 100. knocked out George
Lamson, San Francisco 1855 3.
Fights tonight;
Springfield. Mass Billy Petrole
vs., Johnny Cecolli, 10.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19

and Huband but the probability that
Noonan will be used by the Falcons
upsets this dope. Klatka and
Blanchard are even on first base.
There is little to choose between
Patrus and Green on second. Fitz-
patrick and Riley on the left SIDE
of the diamond compare almost
equally with the Budnick brothers.
The outfields are about as even as
anything could be. This leaves the
outcome of the game solely up to the
pitchers. Breaks" will figure
great deal in the game and the team
that gets them will be the likely
winner.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
TRANSFORMING TRIP
HcrSchcl Bennett Of Browns Or
CaniIcs Team Which VIII Make
Tour After Season

Springfield. Mo. Aug. IL tP'-
Hershel Bennett, outfielder with the
st. Louis Browns. has organized a
team of American league players for
a three weeks transforming tour.
starting October 3. The day after
the close of the season, he an
nounced here.
Grover Hartley, Slim Harriss and
Charles Ruffing of the Boston Red
SoX. will Join his team for the tour
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
46 }
CHICAGO


x-Batted for Bengoush in 9Th.
xx-Batted for Shocker in 9Th.
xxx-Ran for Dugan in 18th.
z-Batted for Kamm in 18th.
zz-Batted for Barrett in 18th.
New York -. l 0 l ! ID
Chicago ...... l 3 0 0 0-i
Two base hts-Lazzeri, Gehrig, Ruth,
Dugan. Stolen bases-Hunnefcld, Grouse.
Meusel. Sacritices-Lyons, Gehrig, Ward,
Ruth. Double play-Lazzeri to koenig to
Gehrig. Left on bases-New York H.
Chicago .. Base on balls-off Shocker J.,
off Lyons A. off Moore 1. Struck out-hy
Lyons ., by Shocker l. Hits-off shocker
In innings. off Moore in innings.
Winning pitcher-Moore. UmpireS-OrmS-
by. Rowland and Connolly Time-2:53.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
LOOKING FOR CANE,

Tho Maple Ends baseball team of
Bristol would like to secure a game
for this Sunday with the St An
thongs team or the Burritt A. c.
Of this city. games to be played in
this city. Address Raymond Bach
man, III North Pond street, Bristol
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19
YANKEES LEAD SENATORS
BY MARGIN OF Is GAMES
Browns Trim Washington In Extra Innings By 6 to
Score - New York Team Takes Exciting Battle
From Chicago White Sox-Athletics Bow to Cleve-
land Indians-All Games In National League Post
poned Because of Rain.

unassisted), Crowder to Gerber to SIS
Ter. Schang TO Gerber. Left on bases
Washington IL, st. Louis 10. Bases on
balls-off johnson 2, Ballou ?, Crowder 3.
Hlts-of johnson in innings, Braxton
in 1S. Marberry 0 In 1-3. Ballou I
in 5, Crowder in 9. Passed balls -
Schang. Winning pitcher-Crowder. Los
ing pitcher-Braxton Umpires- owens
and Van Grafan. Time-2:2S.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19

So great is the demand amoung
furriers for rabbit skins that trap
pers in Australia are having a
boom" time, some making as much
as $3.50 week
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19

Tall men have combined in one
Kansas town to protest against
hotel beds being too short, and
tables too low, and motor cars too
cramped.
New Britain herald. [microfilm reel] (New Britain, Conn.) 1890-1976, 1927-08-19

The game on Sunday will start
promptly at 8 o'clock and one of the
largest crowds of the season is eX-
pected to be on hand for the battle.
Eddie Crowley and Herbie Sautter
will do the honors in the urpiring
line ,and the fans will be assured Of
doubly efficient service.