Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-01-12
Court House News
COMMON PLEAS COURT

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defendant. files answer and cross
petition. Petition states that on
Nov. S, 1925, Viola G.. Fouts execut-
ed to C. B. Smith of Malta, power OF
attorney, but said defendant says
power of attorney does not empower
C. B. Smith to sell, mortgage, or
cucumber in any way real estate
belonging to said Viola G. Fouts.
Petition further states that when
the mentioned power of attorney
was executed to G. B. Smith, he held
the position of cashier Of the Malta
National Bank, which bank is the
payee of the note described In
plaintiffs petition, and said bank is
also the mortgagee in the mortgage
deed described in plaintiffs petition,
such note and mortgage deed being
described as having been executed
by said c. b. Smith, under an
alleged power of attorney; that
said mortgage covering the property
owned by Viola G.. Fouts, was
violation Of his rights claimed un-
der the said power of attorney, be-
cause, that by so doing he attempt
ed to give to the bank of which ne
was cashier a lien or claim against
property of Viola G. Fouts, whose
property he was bound to conserve
under the terms of said power OF
attorney. Defendant says plaintif
is attempting to foreclose in this
action. Defendant says that on
Nov. 80, 1881, H. B. and Alice
Fouts secured judgment against
Viola G. Fouts in the amount Of
$2,155.7O, and later they sold the
rights in said Judgment to r. F.
Fitch, who in turn sold it to s. A.
Finley, this answering defendant,
who claims it is the first and best
lien upon said real estate. Answer
ing defendant prays that the court
issue an order declaring the said 5.
A. Finley's lien to be prior and first
lie upon premises in question, and
II the premises be duly levied up
and sold to pay to S. A. Finley,
~ sum of money due him.
In the case of Ann X. Shafer VS..
VIM. F. Buchanan, damages, de-
fendant files motion, asking that
plaintiff make her petition more def
mite and certain; that the plaintiff
state cause of her fall on the side
walk, whether from slipping upon
wet earth or from slipping and
falling from said plank: that plain
tiff be requested to definitely state
the length and especially depth OF
the alleged depression; also that
plaintiff set forth in petition that
expenses incurred as alleged are
reasonable. ~
In the case of John L. Smith VS..
George B. Hazelett, plaintiff moves
court for an order of sale OF per-
sonal property, held under orders OF
attachment in case, or enough Of
same, to satisfy judgment In the
amount of $189.05, together with
interest from Aug. FL, 1892. and
for costs, The court grants order.
PROBATE COURT
r. C. Wetherell, John Ross and
Frank Northrup have been appoint
ed appraisers Of estate OF VIM. ~
Blackburn, deceased.
In the matter of the estate of A.
6. Smith, deceased, sale of real es-
tate confirmed. Purchaser Beryl
Smith. Proceeds of sale $1.785,
cut of which C. B. Smith as admin
istrator is ordered to pay expenses
incurred in sale, including an at
torney fee of SIS to Emmett Abel,
and $87.O4 the per centum OF said
c. B. Smith and court costs of ST.
IS. Balance, $1,595.21. to be ac-
counted for by said C. B. Smith ac-
cording to law.
Ruth Forsyth is appointed ad-
ministrator Of the estate of An
drew d. Forsyth, deceased. Bond
$4,000. Appraisers, Fred Phillips.
Charles Finley and Alex Laury.
M. e. Danford is appointed
guardian ad litem of Marie NJ,
William B. and Ralph III. McGrath,
minors, and next of kin of Perry
Morris, deceased.
Wills Presented
The wills of Edward M. Fouts,
late of Morgan township, and
Abram Hayes, late of Windsor town
ship, have been presented for pro-
bate,
The estate of Thirsia Blackmer,
deceased, is fully settled and Frank
Blackmer, executor, who is allowed
compensation in the sum of $751;
GA, is discharged
Ivan r. Barnes, guardian OF
Olive Kenyon Barnes, minor, files
final account, which is approved.
The said ward having arrived at full
legal age, guardian, who asks no
compensation, is discharged. Bal
ance turned over to ward, $488.7O.
Final account is approved in the
matter of the estate of Geo. E. HUFF
man, deceased. G. M. Huffman, ad-
minfstrator, who is allowed COM
pensation in the sum of $3.50, is
discharged.
Arthur Smith, executor of the
estate Of Francis M Smith, files
final account which is approved.
Executor who is allowed compensa-
tion in the sum of $399.47, is dis
charged.
The estate of Thos.) B. Conn, de-
ceased, is fully settled and ]. f..
Dougan, who is allowed compensa-
tion in the sum of $96.15. is dis
charged.
RECORDERS OFFICE
Grant L. Carlton to Matte Allen,
80 town acre and part of McCon-
nelsville lots, ST..