The Omaha guide., 1935-03-23
ELKS GETS 8 MONTH STAY
THREE CORNERED FIGHT
OVER THE BUILDING
Continued from Page u

| SS1IeO IdLuISI anu OiiiIil,J iihO1iiCu
| the Court that he would ask for a stay
Of execution Of the Judgment for 8
months. This ended the battle between
he mortgage and Title Holder, then
the fight began between Atty. South
| ard, who represented Mr.. Handler and
Mr.. Smith and Atty. R. Williams who
represented Iorquois Lodge, No. go.
Mr.. Southland ~preforced this case be-
fore the court with the following re-
marks:--
We VII show by evidence that in
1927, about February 18th, this
Building was sold to Iorquois Lodge
by the one Dora Handler, on a Land
Contract, for the sum of $4,000, and
that $2,500.00 Of earnest money was
placed in escrow, and later on, $3.50
cash and a house and lot valued at the
sum Of $500 making a total sum Of
$4,000 as first down payment on a
land contract which calls for $3.50 per
month until the amount of $4,000
was paid in full.
Nj. Southland called Mr.. Ben Hand
lei, to the witness stand and it was
brought out by his testimony that
the palment of $3.50 per month was
made on the 18th day Of February,
very promptly for about three years.
But no pa ment Of any kind had been
paid for two and one half years. And
that the property was very much run
down and in a very dilapidated con-
dition, and that he had tried to Sc
cur a loan on said property, to lift the
first mortgage and due to condition
Of said property and the none in
come on said property, he was unable
to secure a loan Of any amount, and
that the Property had been sold for
taxes and that the Iroquois Lodge
had not paid any taxes since they
had purchased said property on land
contract and that the actual value of
property at this time would not ex-
coed the sum of $4,000. And that the
plate glass window IN the room now
occupied by the Barber Shop was
broke from bottom to top. At this
point of cross examination by Atty.
R. Williams, Mr.. Williams attempted
to show that the Building had been
improved to the following extent:
Heating plant, $1,100; Roofing,
$4,000; ~Plastering, $4,000; Interior
decorating, $145.0O. That 100000 had
beer paid on taxes and they paid the
sum Of $4,000 in a period of three
years as payment and that the first
purchase down payment in cash prop
erty was the sum Of $4,000.
Mr.. G. G. Galloway was called to the
witness stand, by Atty. Southland,
M Handlers Attorney and was
asked the present value Of said build
ing and his estimation, Mr.. Galloway
stated that he had not purchased OF
rented, or sold any real estate in that
vicinity since 1922 and due to that he
would be unable to give an estimation
Of values on property in that vicinity,
and on cross examination, Attorney
R. Williams asked Mr.. Galloway as
to the fact whether the Building was
at this time being used each Sunday
evening and other occasions for en-
tertainments. Attorney Southland OBJ
jected to this kind of cross examina-
ton and the court sustained the OBJ
lection.
The Court took the evidence under
consideration for a few minutes and
finally ended the following decree.
Allowing the Elks the use of the
Fuild-ng for a specified length Of time
for them to use said building long
enough to use up their equity as rent
al at $4,000 per month or to bring
the payments up to date on the land
contract, this amount was agreed to be
$8,260. The Iroquois Lodge was al
lowed 9 months to pay said sum into
the court, and this closed the case.