Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1936-05-21
Court House News
COMMON PLEAS COURT

hearing Monday, June 1.
j. III. and Anna M. Crew Protest
Tax Assessments
John H. and Anna M. Crew have
filed suit in which Lionel Roberts
as treasurer, and Chester Strong as
auditor of Morgan county, are made
defendants. Plaintiffs state in pc
tition they are owners of lands in
Malta and Penn townships, contain
ing about $50 acres. Petition also
states that for eight or 10 years
gross discriminatory measures have
been employed against plaintiffs,
whereby they have been compelled
to pay without warrant of law and
contrary to law, excessive and ex-
orbitant taxes on their real estate !;
that during all of said time they
have been unable to obtain by ex-
ercise of diligence and almost un-
ceasing demands upon defendants
and their predecessors in office, a
statement advising the valuation,
putation by which the taxes and
assessments were predicated, and
were compelled to pay taxes and
assessments which were without
warrant of law, until taxes so paid
amount to $4,000 or $4,000. Plain
tiffs state that upon their real es-
ta,e in Penn township there have
been for about seven years past
two producing gas wells, and they
are the owners of only the undi-
vided one-eighth interest of pro-
duction, and plaintiffs allege they
without warrant of law have paid
double or more what they should
have paid, predicating payments
upon same character Of property
and they allege that sometimes
through some process of erroneous
calculation to them unknown they
have been taxed and assessed as be-
, ing on land in Malta township.
Plaintiffs state that they have re-
quested defendants for a statement
of the gross production, rate charg-
ed, how arrived at, etc., for said
payments were unintelligible, mis-
leading, uncertain, and furnished
no information upon which cor
rect charge might be based, since
at times rate was not given, and
sometimes unintelligibly written
| Petition further states that Dec
81, 1885, plaintiffs wrote a letter
! to Chester Strong, auditor, de-
manding a statement whereby plain
tiffs might intelligently know how
taxes were arrived at; that said let
| ter is unanswered Plaintiffs state
| that by reason of incorrect, i'm
proper and unintelligent bookkeep
| ing, and improper classification o.
property, they have been compelled
/ to and did without warrant of Law
pay the treasurer of this county thu
sum Of money aforesaid and ar
now without an adequate remedy
law to prevent further erroneou!
collections unless such are restrain
ed by court; that the defendant Lilo
mel Roberts is demanding plain
| tiffs pay another assessment anc
taxes not predicated upon any rate
and contrary to law. Plaintiffs
prayer is that the auditor and treas
urer be restrained from further GER
| tifying said taxes or assessments
or any penalty thereto, and that g
temporary restraining order be
granted from collecting any amoun'
| claimed as due, and that upon fina
hearing said restraining order be
made perpetual. Temporary re-
straining order is allowed by the
court. Bond is given in the sum OF
5000.
PROBATE COURT
The will of Nina B. Mummey
deceased, is presented for probate
Authority is granted to transfer
real estate, in the matter of the es'
tate of S. NJ Little, deceased, tc
name of Margaret E. Little, widow
to whom it passes.
| Inventory is filed in the estate Of
w. E. Tannehill, deceased. June
/ is date set for hearing.
Edith c. Smith as guardian o1
/ Clyde Leonard Calendine, minor
files fifth partial account.
Frances Jane Wade's Will Admitted
The will of Frances Jane Wade
late of Malta, is admitted to probate
By terms of WILL Owen Wade is be-
queathed $1,000 same to be plac-
ed in care and custody Of Russell
Sears of Malta, who is to pay Mr.
! w duG pA y pCI ll1OhIh oO lohSo IlS SSsAN
| Owen Wade may live, or until the
! $1,000 is exhausted; to Lulu Hen
derson of Nova, O., 800; to Effle
Curry of GAINESVILLE, $50; to Cap
tola c.. Lauer of Mansfield, 500;
Malta Cemetery association, S25 az
an endowment fund to defray the
expense of care of lot of the VIM
| Sillery family and Lot of E. G. d
Wade The residue of estate is be-
queathed to children and heirs ol
/ Thomas and Olivia Sears to-Wlt
Carl Sears, Jessie Sheridan ano
Russell Sears, share andshare alike
after all expenses are paid. Rus
| sell Sears is named in will as ex
ecutor, without bond, and also re-
quest that no appraisal of estate be
made. The will bears date of May
28, 1882, and is witnessed by Bessie
Drake and Mary Ethel Sands.
BY terms of the will of j. N. Bar
low, late of Malta, all property il
| bequeathed to his wife, B1rdells
Barlow, so long as she remains de-
ceased's widow. She is named II
will as executrix, with request tha'
she serve without bond. The will
was executed May 4, 1917, and was
witnessed by ]. S. Taylor and c. M
Ross.
Inheritance tax in the sum Of
| $6124 is found due in the estate
of Esther l.. Payne, deceased. Gross
value of estate is $2,331.S6. Debts
, and costs of administration, 1928
| rs. Net actual market value is ST.,
6O8.11, which passes by will as fol
lows: Pennsville and Todds M. P
churches, each 800; Eli Thomp
son, nephew, and Wilson Thomp
i SON brother. each S176: Sarah Fin