Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1933-09-21
Court House News
COMMON PLEAS COURT
Assignments
Sept. 22-Mabelle B. Baker v
Fred Baker, temporary alimony.
INiIor Ilnnnlxr

Assignments
Sept. 22-Mabelle B. Baker VS.
Fred Baker, temporary alimony.
Files Reply
In the case of Harvey Jackson VS.
Solomon Tippie, plaintiff files repl.
to answer and cross petition filed b,
defendant, in which he makes j;
general denial of statements there
in---denies he caused defendan
damage in the sum of $50, or an,
other sum. He also denies that h
destroyed or caused to be destroyed
any racks and fences about farm O.
defendant, or caused defendant
damage in the sum of SIS, or any
part thereof.
Judgment On Cognovit Notes
The Citizens National bank ol
McConnelsville has taken judgment
on a cognovit note against T. R
and Seth Walpole of Santoy, in the
sum of $122.8O, and for costs. The
same bank is given judgment against
Paul B. Rex, on cognovit note, in
the sum of $106.18, and costs.
Files Answer To Cross Petition
In the case of the Waterford Mil
& Supply Co. VS.. Victor E. and Aris
Morgan, Ralph Scott, and c. L.
Bailey Grocery Co., Ralph Scott
files separate answer and cross pc
tition, in which he says that Oct. 4
1882, he recovered judgment against
Victor E. Morgan and Aris Morgan,
in w. f. Ryerson's, j. P, court,
Center township, in the sum OF
s74.S5 and costs; that the same is
unpaid. Defendant Ralph M. Scott
states Victor and Aris Morgan have
no goods or chattels, lands or tene-
ments subject to execution, out of
which judgment can be satisfied;
Eut Victor E. Morgan is seized OF
an equity of redemption in about
40 acres, in Center township,
against which premises the Water
ford Mill & Supply Co. claims to
hold a mechanics lien; and c. l..
Bailey Grocery Co. claims lien by
way of execution. Defendant Ralph
Scott Joins plaintiff, The Waterford
Mill & Supply Co., in asking that
claimants against the said Morgans
be compelled to set up their claims,
if they have any. in said property:
and that the court adjust prioritles
and determine answering defend
ants lien. and that the real estate
may be ordered sold and proceeds
distributed among claimants accord
ing to their respective priorities.
In the action of Eldridge T. Best
VS.. The Industrial Commission OF
Ohio, defendant files demurrer, IN
which it alleges that the allegations
Of petition do not show that the
plaintiff has any cause OF action
against The Industrial Commission,
or any right on account OF any IN
iury sustained in the course OF his
Divorce Granted
Lou Baker, minor, was granted
4 divorce from Barbara Baker. Fri
lay. by Judge J. @. Lyme, on the
ground of gross neglect. The case
was not contested.
Second Amended Petition Filed
Second amended petition is filed
by plaintiff, in the case Of Wilbur
Jones VS.. Rosa M. Fouts and 9TH
ers. Plaintiff AYERS he has one
seventh interest in the estate of his
'ather. the late Edward w. Jones,
which is of the value of approx
nately $4,000. Plaintiff states that
defendants, Rosa M. Fouts, Louise
Touts Oman, Corinne Ralston and
lucy Bell, next of kin and heir at
aw of Chas. HI. Fouts, deceased,
lain some interest in plaintiff's
hare in the estate of Edward w.
ZONES, by reason of a deed, dated
Jet. 10, 1925, by which said Wilbur
zones sold to Chas. H. Fouts, his
leirs and assigns forever, his right
md title which the said Wilbur
ones owned in the estate of his
deceased father Edward w. Jones,
or 5000, a sum grossly inadequate
S consideration for his share OF
he estate. Plaintiff AYERS deed was
btained by Chas. H. Fouts, de-
eased, by artifice and false and
Misrepresentation, TO
he effect that plaintiffs interest In
is fathers estate was of little
alue. and that $500 was an ade-
uate consideration. Plaintiff also
vers that the said Chas. H. Fouts
id make the said misrepresenta-
ions, and under guise of friendship,
nd by reason of his superior posi-
ion and better understan OF
he law and facts of the transac-
ion, did induce plaintiff to ex-
cute said deed. Plaintiff also al
;ges that at the time Of the exc
ution of said deed, he was not
ware of the fraud and falsity of |
ne representations made by said |
has. H. Fouts. Plaintiff AYERS he
lands ready and willing to put de-
andants in status quo, and to re-
ay said sum of $500, with interest,
nd is willing that the same be
lade a lien and be given priority
5 claim against plaintiffs one
eventh interest of the estate of e.
7. Jones, deceased. Plaintiff prays
be required to answer,
citing forth their claims; that deed
. declared void and held for
aught, and be Cancelled, and that
has. M. Whitaker, who is admin
traitor de bonis non, with the will
nnexed, of estate Of Edward w.
ones, deceased, be declared trus-
CONTINUED on page fve)