Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-12-14
Court House News
COMMON PLEAS COURT
Assignment


/ COMMON PLEAS COURT
Assignment
The case of the State of Ohio VS.
Addison erosion, charged with as
sault with attempt to kill, is post
ed for hearing, Friday, Dec. Is.
AIIege Deed Was Obtained
Through Fraud
y Henry G. Combs and wife have
filed suit against Charles and Will
liam Bertram, asking for the can
collation. of a certain deed, which
plaintiffs allege was. secured by de-
fendant, through fraud. Petition
states that on Oct. 81. 1892. de-
PENDANTS secured deed for 1875
acres in Manchester township, that
verbal contract was entered into by
plaintiffs with Chas. Bertram,
whereby they gave him deed con-
sideration of which was $4,000. Pc
tition states that said Chas. Bert
frauding plaintiffs, used name of
/ VIM. Bertram, instead of his own
name: that plaintiffs knew nothing
of the substitution of the name
until long after the transaction,
and that they had no contract, nor
did they ever see or Know VIM.
Bertram, nor did they intend to de-
! liver deed to him; nor did he pay,
or agree to pay, anything for it..
Plaintiffs say they were paid $500
| of said purchase price of $4,000;
and have no security for balance
Plaintiffs allege that Chas@ Bertram.
( also for purpose of defrauding them
out of the $4,000, falsely repre-
sented that he had sold to Frank
l.. Clark, certain Marietta property.
taken as part payment note for
$500; that its payment was Sc
cured by mortgage; that he would
/ indorse said note to plaintiffs and
assign said mortgage over to them
Plaintiffs say in petition that Chas.
Bertram did not sell to Clark q
$4,000 property rs represented, nor
deliver to them mortgage on any
property Petition states said
Frank l.. Clark died leaving no es-
tate for creditors Plaintiffs say
that at time of transaction, on Oct
81, 1882, they believed Chas. Bert
ram had made sale of property to
Clark, and took note, and plain
tiffs say representations were false
and known by Chas. Bertram to be
false, and were made for purpose
I Of defrauding plaintiffs. Plaintiffs
ask the court to order defendants
to deliver UP deed for cancellation,
and if for any reason deed is not
cancelled the court decree a VEN
doris lien on said real estate, in
amount of $4,000, and order prem
| ises sold for satisfaction of such
decree.
Files Answer
| In the case of Anna M. Manly,
as administrative of the estate of
James w, Manly, deceasese VS. j. E
Richardson, defendant files answer
in which he admits that he gave
| James w. Manly, deceased, note
! in the sum of $3.50, but defendant
denies that there is due from him
individually full amount of said
note. Defendant ayers that at
time of execution of said note he
was associated with his father II. H.
Richardson, and they were doing
business as partners, and that said
amount was partnership note;
that said James w. Manly agreed to
hold partnership liable for debt.
Verdict For $164.O4
The case of L. E. and G. V. Abel
VS.. Ray Strawser, Inc, was heard
Monday here in common pleas
court. The jury returned verdict
for $164.O4 in favor of the plain
tiffs, which was the amount sued
for, and which was due on account
for services rendered by plaintiffs
for defendant.
Margaret Rowland of Columbus
has brought suit against the Indus
trial Commission of Ohio, Petition
states that on Nov. %, 1928, John
Olson was employed by the Man.
haitian Coal company, and while in
the course of employment, sustain
minated in his death. Plaintiff
states that she is the lawful daugh-
ter of John Olson, and at the time
of his death was totally dependent
upon him for support. Plaintiff
says she filed her claim with the
Industrial Commission, which was
disallowed, and she appeals to COM
mon pleas court.
In the money and foreclosure ac-
ton of Frank l.. Wilson VS.. Mary
Anderson, judgment by default
against defendant for $43O.10. Sale
of mortgaged premises ordered,
terms cash.
In the partition case of Paul J.
Massey VS.. Bessie l.. Hansel and
Frances H. Braden, defendant
elects to take property at appraised
value of $1,000. Deed and distri-
button ordered.
Guilty of Non Support
The case of the State of Ohio VS..
Edward Miller. for non-support.
was heard Monday and Tuesday.
After celebrating for ten hours,
the jury returned verdict of
guilty.
The replevin case of Mary Simp-
son VS.. Herbert Gessell was tried
Wednesday to a jury, Judge Lyme
presiding. The action was the out
come of a horse trade, whereby
plaintiff claimed the horse she got
in the trade did not prove as repre-
sented to her, and she asked dam
ages in the sum of $25. Gessell
also claimed damages in about the
same amount The jury's verdict
was that plaintiff was entitled to
the return of her property.
PROBATE COURT
r.. =
is not subject to inheritance tax.
Gross value of estate is $4,443.89;