Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1931-09-24
Court House News

Court House News
COMMON PLEAS COURT
The Crooksville Telephone COM
pany has filed an injunction suit
against The Ohio Power Co., in
which it seeks an order restraining 6
defendant from constructing a pow
er line parallel and adjacent to
property of plaintiff. The plaintiH
in petition states it is possessed OF
a certain right of way and easement
over certain lands located along the
main highway between Rose Farm
and Deavertown, and in Deaver-
town, and has for many years had
poles, wires, ETC., used in the prop
er conducting of its business on said
right of way. Defendant, The Ohio
Power Co., is now attempting to
construct power line to be used
for the transmission of electricity,
in such close proximity to the prop
erty and lines of plaintiff, that such
great detriment to plaintiff, caus-
ing disturbance and interference in
service of plaintiff to it's subscrib.
ers to such an extent that the prop
erty of plaintiff will be rendered
practically useless A temporary
restraining order is granted plafn'
tiff.
Asks Cancellation Of Deed
Clifford E. Foreman of Crooks
Vile has filed suit against Vernon
A. Appleman and The Malta Saw
inss & Loan Co. Petition states
that on Feb. 18, 1924, A. R. and
Hattie L. Appleman, husband and
wife, were the owner of better than
200 acres of land situated in Deer
field township. On Feb. IS, 1924,
the said A. R. and Hattie Apple
man, then in life, now deceased,
gave plaintiff a promissory note in
the sum of $425.10. There are no
credits or endorsements on said
note. and petition states that all is
due and owing plaintiff, who is still
tition further states that on Aug. 5,
1924, while note was in full force.
unpaid, and 13 days before ma
turity, defendant V. A. Appleman
induced A. R. and Hattie l.. Apple
man who were parents OF defend
ant, to execute and deliver to de-
fendant a deed for premises, con-
vaying the same to defendant in fee
simple, without an adequate con-
sideration, and for the express pur-
pose ito cheat, wrong and defraud
plaintiff from collection of note;"
and plaintiff ayers deed was made,
executed and delivered by parents to
said son in defraudment OF plain
tiff's rights; that neither decedent
had any administration upon their
estate. Plaintiff further says that
on the same day as making said
deed, Vernon A. Appleman gave to
The Malta Savings & Loan Co., his
certain mortgage deed, thereby con-
yeying real estate in consideration
Of a loan of $4,000. Petition al
leges said Vernon A. Appleman's
purpose in giving said mortgage was
to further prevent plaintiff from col
lection of note against his parents
Plaintiff prays that defendant, The
Malta Savings & Loan Co.. be COM
PEELED to set up whatever interest it
may have at this time against said
real estate; and that deed from par
ents to Vernon A. Appleman be or
dered delivered up, cancelled,
and rescinded, and property be re-
stored to the name of the rightful
owners, A. R. and Hattie l.. Apple
man.
In the divorce case of Flora A.
Anderson VS.. Jesse G. Anderson,
plaintiff files reply to answer, and
answer to cross petition, in which
each and every allegation in petition
is denied.
Answer To Petition Filed
In the case of Haven Hammond
VS.. H. F. Spilker, in which plaintiff
seeks damages in the sum of $685.
900, for injuries sustained in a
truck accident, defendant files an
swer to petition, and denies the al
legations as set out; defendant
claims that any damages or injuries
complained of, or sustained, were
due to the carelessness, negligence,
recklessness and unlawful conduct
of plaintiff, and without fault on
part of defendant; and asks that
Hammond's petition be dismissed,
and that defendant recover his costs
herein expended. Negligence on
part of plaintiff, named in defend
ants answer, consists of the follow
ing acts: In attempting to and in
passing defendants truck when de-
fendant was descending a hill, and
without giving warning or signal, !
in driving his truck directly and |
back into the lane of |
travel of defendants truck, in such |
close proximity that defendant had |
and avoid collision; that plaintiff |
was operating his truck at a speed |
greater than was reasonable and |
proper, having regard for the width,
traffic, use and usual rules of the |
highway. Defendant states that at |
the time of the accident, he was not
driving his truck to exceed 28 miles |
per hour.
Divorce Granted
Blaine Sells was granted a di- |
vorce from Carmen Sells, Saturday, |
by Judge Weber, on grounds of /
gross neglect of duty. Costs to be |
paid by plaintiff. The case was not !
contested.
In the nartitinn case of lanes u [