Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-03-09
Court House News
COMMON PLEAS COURT
n

AvA 49,
Assignments
The following cases, Judge David
HI. Thomas OF Marietta presiding,
have been posted for hearing:
Jury Cases
Monday, March 81. Besse G. Pat
terson VS.. The Rocky Glen Sanator-
ium-money only.
March 29--Clarence G. Eddie
blute VS.. Myers Vanfossen ct al,
money only.
Eqnity Cases
In the matter of estate of VIM. w.
Raney VS.. Edward H. Raney--ap-
peal.
March 31-In the matter of the
removal OF Chas. Pool rs admins
traitor Of estate of Ella Wainwright
appeal.
Bethel Rex VS.. Louis b. Adrean
as iff-injunctfon.
Hearing on Demurrer
The State of Ohio VS.. Mrs. Bethel
Rex ct al, money only.
Ann K. Shafer VS.. Wm Buchanan,
money only.
Files Motion
Motion has been filed by defend
ant In the attachment proceedings
Of John l.. Smith, VS.. Geo. B. Hazel
stt. Defendant moves court to set
aside and hold for naught the sale
on execution, purported to have
been made by the sheriff on Feb. ~,
for the following reasons: The prop
erty Of defendant offered for sale
was not appraised, advertised and
offered for sale according to law;
said property was attempted to be
offered for sale at time when the
1anancial condition of the country
would not permit Of free and open
bidding: the price was so inadequate
and incommensurate with actual
value, as to appear frivolous and
farcicai and not In accordance with
law; said sale Is void as against
public policy; said sale Is confisca-
tory of the property Of defendant
and in violation Of the legal rights
OF defendant. This was the oil
property which had been appraised
at about $1,4OO. and which when
offered for sale on execution, was
bid In for $11.
Suit for MOney-$2,5OO
Orin w. Abel. ct al, have filed
suit against the Bowman Oil Co., In
which they ask damages in the sum
OF $4,000, which they aliege is due
By reason Of breach of Covenants,
regarding certain oil lease.
Appeal Case
The matter OF the removal Of
Charles Poole as administrator Of
the estate Of Ella Wainwright. de-
ceased, has been carried on appeal
to the common pleas court. In this
case Charles Poole had been ap-
pointed administrator of said estate.
Later, heirs at law of Ella VAIN
wright, deceased, filed application
In the probate court for removal OF
said administrator, charging that he
was guilty of misconduct In the
management of estate. The probate
court sustained the charges.
Judgment by Default
In the replevin case of General
Motors Corporation VS.. Bert Kincaid
ct al. judgment is given by default.
Allegations of petition and affidavit
found to be true, and plaintiff is en-
titled to immediate possession Of
automobile.
Sait to Collect Insurance
Ida b. Matthews and others have
fled suit against the Morgan Coun-
ty Grangers' Mutual Insurance Co..
In which they ask judgment in the
sum of $2,5O0, with interest from
Oct. 19. 1882 at $50. Plaintiffs
state In petition that they insured
their buildings and contents with
defendants in the sum Of $4,000;
that said property was totally de-
stroyed by fire on Oct. 10, 1882, at
In the case of VIM. Barkhprst ct
al vs. Leota Sands ct al, action to
break will, motion and affidavit, an
swer, and demand for inspection,
ETC., OF documents, are filed. In the
motion, defendants move the court
to require plaintiffs Elias and Henry
Barkhurst to give security for costs
In the action. for the reason they
are nOn-residents of Morgan county.
In defendants answer they allege
that said paper writing, dated Dec.
s, 1881, Is the valid last will and
testament of decedent, and they ad-
NIT same was admitted to probate
court on Feb. II, 1888. In the
demand for inspection Of documents.
defendants demand Of plaintiffs and
of Cassius Barkhurst as executor,
an inspection and permission to
make copies OF each and all the
Wills and testamentary dispositions
OF property, made by decedent In his
lifetime, other than the one pro-
bated Feb. IA, 1888. now in the
possession or custody or under con-
troll Of either plaintiff, or said ex-
ecutor. Demand is to be complied
with In four days.
tContinued on page eight)
II. e. Rogers Found Guilty
r. e. Rogers who was twice tried
last week In Wellston, charged with