Morgan County Democrat. (McConnelsville, Ohio) 1886-1943, 1937-08-12
Court House News
Answer and Counter Claim Filed

| dSdlASI y. ~. 4 ulLOA DIS dlO
of the estate of Vern W. Burt, de
ceased, late of Cambridge, in whicl
plaintiff asks damages in the sun
of about $4,000. as result of tn
auto accident on route II. near Nc
Carty's school house, in which thre
persons were killed and three 9th
ers injured, defendant files answe
and counter claim Defendant de
nies practically every allegation
and specifically denies that the sait
Vern w. Burt, deceased, was unde
the influence Of Intoxicating liquor
that Burt drove his automobile a
an excessive rate Of speed; that HI
did not have proper brakes; that h,
made no effort to bring the auto HI
was driving to stop, before the col
lision; that he negligently and care
lessly drove his machine with oni,
one headlight burning, or that the
said Vern w. Burt was in any man
ner negligent or careless in the op
Grafton of his auto. In his defense
defendant states that plaintiff was
guilty of neglect herself, in that she
rode in the Durant coupe being
driven by Hiram Evans, jr., as ono
of the six persons occupying that
machine, when it was built by the
manufacturer for only two persons
that she failed to exercise any care
for her own safety in riding in q
motor vehicle which crowded the
driver thereof in the free exercise
and operation of the car, which the
driver Hiram Evans, jr., was oper-
ating; that she failed to exercise
any care for her own safety in fail
ing to caution the driver of the I'M
minent and impending collision
which resulted in the injuries com
planned of, and that Hiram Evans
jr., was an inexperienced, known
reckless and careless driver. AS a
counter claim, defendant, as ad
ministrator of the estate of Vern w.
Burt, deceased, claims that he came
to his death as result of injuries
sustained in the accident between
| auto owned and driven by Burt and
! that driven by Hiram Evans, jr.,
! leaving surviving him Roxie Burt,
his widow, and three children, ages
| IA, IL and nine, all of whom during
| lifetime of decedent were depend
ent upon him for maintenance and
support, and who had pecuniary in
terest in his life, for whom this ac.
ton is brought. Defendant says
that decedent, Burt, at time of his
death was "A years of age, and that
because of his death his estate is
damaged in the sum of SIS, 200.
Defendant asks that petition of
plaintiff be dismissed at her costs,
and for Judgment against plaintiff
in the sum of $4,000, and for
costs of this action. There are six
cases as the outgrowth of this acci
dent, and the answers and counter
claims are practically the same in
each Of the cases.
Partition Case Settled
The partition case of Alice Rol-
lison VS.. Jesse A. Godfrey and Rol-
land E. Godfrey, has been settled,
the plaintiff Allie Rollison agreeing
to take premises at appraised value
of 1855.
Divorce Hearing Friday
The divorce case of Sally Ball VS.
Harvey Ball, is set for hearing Fri
day morning, Aug 13, at O'Clock.
hSh Ouu$sIu lOI % %Os@e
The Malta Savings & Loan COM
pany files suit against Norma B.
Clifton, Bryce c. Clifton, F. B. Bar
rett, and the First Federal Savings
& Loan association of GAINESVILLE.
Petition states there is due plaintiff
from Norma B. Clifton and Bryce c.
Clifton, the sum of $72G.22, with
interest at seven percent from July
l, 1897, on certain contract enter
ed into between said Cliftons,
whereby they were to pay plaintiff a
sum in monthly installments, of not
less than 81 per month: that if the
payments when due, then the whole
amount of said loan shall becoma
due and payable at the action of the
company. Plaintiff says there are
installments of 81 per month due
on contract since the last of Novem'
ber, 1886, to the present time. Pc
! tition states that at the time Of the
execution of contract and in order to
secure payment, Norma B. and
! Bryce Clifton delivered to plain
i tiff a certain mortgage deed on real
estate, situated in McConnelsville
| Defendant F. B. Barrett claims to
have some interest in premises, by
reason of a mortgage; and defend
ant the First Federal Savings &
| Loan association, of GAINESVILLE, also
claims some interest by reason of q
mortgage, both of which plaintiff
states said liens created by said
mortgag ges on premises are subject
to priority of plaintiffs lien. Plain
tiff asks Judgment against said Nor
ma B. and Bryce G. Clifton in the
sum of $726.22, with interest; asks
that defendants F.. B. Barrett, and
the First Federal Savings & Loa,
association of GAINESVILLE set VI
their interest in said mortgagec
premises; that by reason OF If
mortgage, plaintiff be declared
! first and best lien, and that unless
Judgment be paid within three days
an order of sale be issued to sci
property upon execution, and pro
ceeds be applied to payment O
plaintiffs judgment, and the othel
valid liens on said premises, in &C
cordance with priority.
PRORATE COURT
Will of Lucy Fitch
The will of Lucy Fitch, late O
Union township, is admitted to pro
bate. Household goods are given =
children. Will directs that executor
sell and convert into money, per
sonal property, from which is to b
paid cost of a monument at he
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