Decatur Daily Democrat, Volume 13, Number 72, Decatur, Adams County, 25 March 1915 — Page 3

notice to NON RESIDENTS. I State of Indiana, County of Adams. I In the Adams Circuit Court, FehruMgrv Term, 1915. [ Albert Baumann vs. Sarah E. JenKtins et al. No. 8939. Action to quiet ■title to real estate and cancel ■gageI it appearing from affidavit filed in ■the above entitled cause, that Sarah ■E. Jenkins and . husband of Sar- ■ ah E. Jenkins, and all the heirs, lega- ■ tees, devisees, creditors, executors ■ and administrators of said Sarah E. 'Jenkins and of , her husband. J. T. Updegraff and , wife of said J. T. Updegraff, and all the heirs, legatees, devisees, creditors, executors and administrators of the said .1. T. Updegraff and of Updegrass, wife of said J. T. Updegraff. D. B. Updegraff and , wife of said D. B. Updegraff, and all the heirs, legatees, devisees, creditors, executors and administrators of the said D. B. Updegraff and of Updegrass, wife of said P. B. Updegraff. James R. Kings berry. Amy A. Kingsberry, wife of said James R. Kingsberry. All the heirs, legatees, devisees, creditors, executors and administrators of the said James R. Kingsberry and of Amy A. Kingsberry, wife of James R. Kingsberry. William Pallork, Pallork, wife of said William Pallork. All the heirs, legatees, devisees, creditors, executors and administrators of the said William Pallork, and of Pallork, wife of said William Pallork, of the above named defendants ore non-residents of the State of Indiana. Notice is hereby given the said above named defendants, and each of them that they behind appear before I the Hon. Judge of the Adams Circuit I Court on the 3rd day of May, j 1915, the same being the 19th Juridical Day of the next regular term thereof, to be holden at the Court House in the City of Decatur, commencing on Monday, the 12th day of April, A. D„ 1915, and plead by anwer or demurr to said complaint, or he same will be heard and determined in his absence. Witness my name and seal of said court hereto affixed, this sth day of March. 1915. FERDINAND BLEEKE, Clerk. John Schurger, James T. Merryman, Attys, for Plaintiff. 11-18-25 o NOTICE—ADMINISTRATRIX’ SALE OF REAL ESTATE. Notice is hereby given that Addie Andrews, Administratrix of tire estate of Caleb B. Andrews, deceased, by order of the Adams Circuit Court of Adams County. Indiana, on Thursday, the 15th Day of April, 1915, at the law office of James T. Merryman, in the Odd Fellows Building, corner of Monroe and Second streets, in the City of Decatur. Indiana, between the hours of ten o’clock a. m., and tour o'clock p. m. of said day. will offer for sale at private sale, for not less than the appraised value thereof, the following described tract of real estate situated in Adams County, Indiana, to-wit: The north half of the northeast quarter of the southeast quarter of section twenty-nine, township twentyseven north, range fourteen east, containing twenty acres more or less. The same to sold free of all liens thereon. Terms: —One-third cash in hand on day of sale; one-third in nine months and one-third in eighteen months from day of sale; deferred payments to bear six per cent interest from day of sale until paid, and secured by mortgage upon said land so sold If said land should not be sold on said day herein named, then said sale will be continued from day to day at same place and on same terms and conditions until the same shall have been sold. ADDIE ANDREWS. Administratrix. James T. Merryman, Attorney for Administratrix. 18-25-1-8 o PETITION FOR MACADAM ROAD. State of Indiana, County of Adams, ss: Before the Board of Commissioners of the County of Adams, State of Indiana, April Term, 1915. We, the undersigned eacli and all of whom are resident, adult freeholders and voters of Wabash Township, Adams County, Indiana, respectfully petition your Honorable Body and ask that you . construct and complete, i free macadamized stone road improvement, over and, upon the public highway and streets on the following route, to-wit: Commencing at the southeast corner of lot 309 in Pyle’s addition to the Town of Geneva, Adams County. Indiana, at the point where Main street in said town intersects witli Butcher street, running thence north on said Main street to the northeast corner of lot 356 in said Pyle s addition to said town, running thence west on Lincoldn street in said town to the northwest corner of lot 343 in said Pyle’s addition to said Town of Geneva, Indiana, and the<e to terminate at the Snyder free gravel road on the western boundary of sai dtown; also, that the approach on Main street from the soul i onto the proposed improvement, be drained, graded and macadamized back to the soutli for a distance of at least 350 feet. Your petitioners aver and say ttjat the improvement prayed lor is less than three miles in length, connects at the commencement with a tree macadam road and at the end connects with a free gravel road in said township and the same will be of public utility and benefit. Your petitioners further aver and say that the street and highway herein sought to be improved, is a public street and highway already establish-1 ed and in use and is one ol the public streets and highways of the Town o. Geneva, in Wabash Township, Adams County, Indiana. Your petitioners ask that said street and highway above described be,

drained and graded ami that broken stone be placed upon the grade and thut upon such broken stone there be placpd stono Rcreenings. \ our petitioners further ask that said highway and street above described be improved to a width of 35 feet that said highway he graded to a width ol 24 leet and that broken stone be placed thereon to a width of 24 feet ami to a depth of 8 inches at the sides thereof and to a depth of 12 inches in the center thereof, and that crushed stone screenings be placed thereon to a depth of 4 inches upon such broken stone, that said improvement be made a single track and thut tlie name of the same be "The Aaron Bricker Macadam Road.” I hat to pay for said improvement we ask that bonds be issued by the County of Adams, in the State of Indiana, payable in twenty semi-annual installments or series, and for tlie payment of which we ask that a tax be levied upon the taxable property ot said Wabash Township in a sufficient amount to pay the interest and principal of said bonds as they become due. That said improvement be made and constructed, and tha( said bonds be issued and said tax be levied upon the taxable property of said township including therein the said town of Berne in accordace with Acts of the Legislature of the State of Indiana, passed in the year 1905, beginning ju page 550 and as amended in the Acts of 1907, and as amended in the Acts of 1909, now in force, providing for tlie extension of free gravel or macadam roads, and all other and any and all amendments thereto. We further ask the Board to take all of the necessary steps as is required by law to have said improvement constructed and made as petitioned herein, that the same be constructed without submitting the question of building the same to an election of tlie voters of said Wabash township and that the board construct the same under the laws of the State of Indiana, providing for the extention of free gravel or macadam roads by township taxation. Respectfully submitted, Dr. Aaron Bricker, Mrs. Effie Campbell, W. E. Hunter. H. Kraner, E. S. Callihan, Dr. Ben J. Delvin, W. A. Wells, J. M. Wells, T. J. Vorhees, J. W. Walker, G. W. Casper. J. C. Deitsch, A. G. Briggs, F. J. MacWhinney, O. W. Ferris, (’. F. Barr, H. M. Aspy, Mrs. Lou Armstrong, L. E. Carter, Fred E. Lindsey, C. F. Fink, Alfred Kuntz, Homer Pontius, J. W. Kelly, J. A. Coolman. Roy Win.ship, Thomas Drew, John Studer, John Whiteman, G. E. Fink, D. J. McWhirter, C. F. Greene, C. C. Mosser, E. E. Comer, A. Haughton, T. P. Hollingsworth Otto Bolds, F. M. Buckey, Nancy Hockenbery, Chas. Reichelderfer, A. Harlow. Philip Conder, Wm. Striker, Fred Meyer, John P. Shoemaker, Vernon Pontius, Manley Wheeler, John F. Scheerer, Michael McGriff, L. L. Mason. J. A. Eckrote, Henry R. Muth, Jacob J. Sprunger, W. J. Nelson, C. R. Price, Jerry Swank, Emma Atkinson, W. H. Miller, Dan Beeler, Jess Tlirop, H. M. Vorhee, Mary Macklin. This petition will be presented to the Board of Commissioners of Adams County, Indiana, on Friday, the 9th Day of April. 1915, being the fifth day of the April Term, 1915, of the Commissioners’ Court of said County, at which time any taxpayer of Wabash Township may appear and make such objections as tlie law may provide. Peterson & Moran, Attys. 18-25

PETITION FOR MACADAM ROAD. State of Indiana, County of Adams, ss: Before the Board of Commissioners of the County of Adams, State of Indiana, April Term, 1915. We, the undersigned each and all ot whom are resident adult, freeholders and voters of Washington Township, Adams County, Indiana, do respectfully petition your Honorable body and ask that you construct and complete a free macadamized stone improvement, over and upon tlie public highway and streets on tlie following route, to-wit: Commencing at the northeast corner of lot 212 in Crabb’s western addition to the town (now city) of Decatur, Indiana; running thence south over, upon and along Ninth street in said city to Adams street to tlie southwest corner of lot 549 in Crabb’s western addition to the town (now city) of Decatur, Indiana, and there to terminate. Also, that the approach from the east on Madison street to the proposed improvement be. graded, drained and improved to the east for a distance of about 200 feet, and also, that the approach onto the proposed improvement from the west on Madison street be graded, drained and improved for a distance of about 200 feet. Your petititioners aver and say that the proposed improvement pjrayed for is less than three miles in length, connects at both ends witli a free macadamized road in said township and that the same will be of public utility and benefit.

Your petitioners further aver and say that the street and highway herein sought to be improved is a public street and highway already established, and in use and is one of the public streets and highways of tlie City of Decatur, in Washington Township, Adams County, Indiana. Your petitioners ask that said street and highway above described be drained and graded and that broken stone be placed upon the grade, and that upon such broken stone there be placed stone screenings. Your petitioners further ask that said highway and street above described be improved to a width of 35 feet, that said highway be graded to a width of 24 feet, and that broken stone be placed thereon to a width of 24 feet and to a depth of 8 inches at tlie sides thereof and to a depth of 12 inches in tlie center thereof and that crushed stone screenings be placed thereon to a depth of 4 inches upon such broken stone; that said improvement be made a single track and that tlie name of the same be "The Abe Stoneburner Macadam

Road." That to pay for said improvement, we ask that bonds be issued by the County of Adams in tlie State of Indiana. payable in twenty semi-annual Installments or series and for the payment of which we ask that a tax be levied upon the taxable property of said Washington Township in a. sufficient amount to pay the Interest and Principal of suid bonds as they become due. That said proposed improvement be made and constructed and said bonds be issued and said tax be levied upon the taxable property of said township, including therein the said City of Decatur, in accordance with the acts of the legislature of the State of Indiana, passed in the year 1905, beginning on page 550 and as amended in the acts of 1907 and as amended in tlie acts of 1909, now in force providing for tlie extension of free gravel and macadam roads, and al lother and any and all amendments thereto. We further ask the Board to take all of the necessary steps required by law, to have said improvements constructed and made as petitioned for herein, that the same be constructed without submitting tlie question us building the same to an election of the voters of said Washington Township, and that the Board construct the same under the laws of the State of Indiana, providing for the extension of free gravel or macadam roads by township taxation. Respectfully submitted. Abe Stoneburner, John C. Moran, A. E. Gentis, Tlios. J. Durkin, H. S. Michaud, Dan Erwin, David E. Smith, T. H. Ernst, C. H. Elz«N<. Chas. Miller. Ed L. Kintz. Sarah Barnett (by J. H. Barnett), Harve Sprague. D. M. Hensley, A. W. Graber, J. B. Meibers, H. W. Shroll, Sam Howard, Simon A. Moore, O. L. Vance, C. D. Teeple, F. L. Aurand, Joe Ixise. D. M. Hower, D. H. Hunsicker, L. W. Franks, J. M. Miller. C. W. Yager, U. S. Drummond, H. F. Linn, John Ray, D. D. Coffee, C. F. Brown, J. B. Kiracofe, W. A. Lower, Fred V. Mills, C. Earl Hoagland, 11. S. Lachot, B. H. Elzey, J. Charles Brock, Henry Gerke, F. A. Peoples, Jnn. Niblick, J. H. Bremerkamp, Dan M. Niblick, Wm. Butler, J. L. Gay, R. D. Myers, Frank Keller, Chas. E. Pennington, T. W. Bess, P. Amspaugh, Thomas Buckinaster. John Everett, J. C. Tritch, A. D. Hunsicker, M. E. Hower, Harvey Elzey, Geo. Chronister, John Hill, Sam Fisher, U. <l. Russell, M. J. Welker. 11. F. Poling, George Deener, Solomon Billman. Henry Haugk, Albert Lehrman, John W. Burk, W. H. Foughty, Edw. J. Miller, B. J. Rice, W. H. Sheler, M. C. Braden, Isaac Chronister, C M, Hower, Martin Miller, M. J. Scherer, E. A, Beavers, G. A. Booher, Frank Fisher. This petition will be presented to the Board of Commissioners of Adams County, Indiana, on Friday, the 9th Day of April, 1915, being the fifth day of the ApriLTerm, 1915, of the Commissioners' Court of said County, at which time any taxpayer of Washington Township may appear and make such objections as tlie law may provide for. Peterson & Moran, Attys. 18-25

APPOINTMENT OF EXECUTRIX. Notice is hereby given that the undersigned has been appointed executrix of the estate of Simon Traister, late of Adams County, deceased. Tlie estate is probably solvent. MAHALA TRAISTER, Administratrix. Peterson & Moran. Attys. March 16, 1915. 18-25-1 APPOINTMENT OF EXECUTOR. Notice is hereby given that the undersigned has been appointed executor of the estate of James Wagner, late of Adams County, deceased. The estate is probably solvent. MICHAEL MILLER, Executor. Peterson & Moran, Attys. March 15, 1915. 18-25-1 o APPOINTMENT OF EXECUTRIX. Notice is hereby given that the undersigned has been appointed executrix of the estate of Lucy J. Gregory, late of Adams County, deceased. The estate is probably solvent. CORDELIA I, TOVCNSEND, Executrix. Heller, Sutton & Heller, Attys. March 17, 1915. 18-25-1 o APPOINTMENT OF ADMINISTRATOR. Notice is hereby given that the undersigned has been appointed administrator of the estate of Lizzie M. Bittner, late of Adams county, deceased. Tlie estate is probably solvent. WM. H. BITTNER, Administrator. March 24, 1914. Dore B. Erwin, Atty. f|s-l-8 Q APPOINTMENT OF ADMINISTRATOR. Notice is hereby green, that the unsigned lias been appointed Adminisistrator of tlie estate of Mary J. Magner, late of Adams County, -deceased, The estate is probably solvent. JAMES L. GAY, March 23, 1915. Judson W. Teeple, Atty. 25-1-8 o APPOINTMENT OF ADMINISTRATOR. Notice is hereby given that the undersigned has been appointed administrator of the estate of Newton Stevens, late of Adams County, deceased. The estate is probably solvent. SMITH STEVENS, Administrator. March 17, 1915. Dore B. Erwin, Atty. 25-1-8 o NOTICE TO TAXPAYERS. Notice is hereby given to the taxpayers of Union Township, Adams County. Indiana, and Monroe Township. Allen County, Indiana, that the Boards of Commissioners ot' said Ad ams and Allen Counties will meet in

joint session on the 10th Day ot April, 1915, in the Commissioners’ Room In the Court House in the City of Ft. Wayne, Allen County, Indiana, at the hour of 10 o'clock a. m., to consider the petition and report of engineers and viewers for a free stone road, petitioned for by Joseph I). Barkley et al. which improvement so petitioned !'</■, commences at the southwest corner of section thirty-two (32), township twentynine (29) north, range fifteen (15) east, Allen County, and on the boundary line between the counties of Allen and Adams in the State of Indiana, and running thence east and south on line of said section thirtytwo and thirty-three, township twentynine north, range fifteen east, Allen County, and on the north line of section five and section four, township twenty-eight north, range fifteen east, Adams County, iudiana. and terminating at tlie southeast corner of said section thirty-three in township twen-ty-nine north, range fifteen east, Allen County, Ind. It is proposed to improve said road by straightening, grading, draining and macadamizing, tlie same with crushed stone as provided in the specifications for constructing the said improvement now on file in the Auditor's offices of said Adams and Allen counties. All resident taxpayers of the aforesaid townships who are opposed to or affected by said proposed improvement may file remonstrance against/the construction of said proposed improvement with the Auditor of Allen County, until 10 o’clock a. m. on the 10th day of April, 1915, and not thereafter On the said 10th day of April, 1915, at the hour of 10 o'clock a. m., the said Boards of Commissioners actipg in joint session will hear any and all remonstrances filed. T. H. BALTZELL, Auditor Adams County. Ind. WILL JOHNSON. 25-1 Auditor Allen County, Ind.

NOTICE OF RECEIVER’S SALE OF RAILWAY PROPERTY Notice is hereby given, that the undersigned, Frencli Quinn, Receiver, heretofore (appointed by the Adams Circuit Court, for the Fort Wayne and Sprihgfield Railway Company, a corporation, in a certain action therein pending.wherein William Fuelling is plaintiff and the Fort Wayne and Springfield Railway company et al are defendants, and pursuant to an order, judgement and decree of said court, duly entered of record in said cause on the 26th d J of February, 1915, will as su< h receiver, on Tuesday, the 4th Day of May, 1915, between the hours of ten o'clock a. tn. and four o’clock p. m„ of said day at the east door of die court house in the City of Decatur. Indiana, offer for sale at public auction, all of the property, asests, rights anti franchises belonging to said defendants company. Said property so ordered sold will be offered and sold as an entirety and >n all things as ordered, a fudged and directed by said court In said cause as aforesaid. Terms Os Sale No bid w’ill be received, accepted, or entertained unless the same shall be accompanied witli a deposit of §1,000.00 tn cash, or in lieu thereof, a certified check in like amount, on some reputable, solvent Bank or Trust Company, in the city of New York, Chicago, Fort Wayne or Decatur Indiana, on the express condition that the said cash or cheek will be forfieted to said Receiver and then become a part of the assets of said company in the hands of said Reeceiver, if such bidder should fail, refuse or neglect to' comply with the terms of said sale and pay the balance of his bid within sixty days after tlie confirmation of said sale by said Court, provided, however, if such sale should not be confirmed by said Court, then said cash or check so deposited will be returned to said bidder. Should said sale be confirmed by said Court, then smjfi. cash or check, upon payment thereon to said Receiver shall be taken and received by said Receiver as partial payment of the purchase price for said property. Said sale will be made without relief from valuation, appraisment or redemption laws, for cash and free of all liens thereon, except taxes and the assessment against said Fort Wayne and Springfield Railway Company, for the improvement of the extension of Calhoun Street in the City of Fort Wayne. Indiana. Said sale will be made subject in all tilings to the order, approval and confirmation of said Adams Circuit Court. FRENCH QUINN, Receiver, Fort Wayne & Springfield Railway Company. Clark J. Lutz, Janies T. Merryman. Atts 'eceiver 25-1-8-15-22-29 ■■ —r» -L —— SHERIFF’S SALE.

The State of Indiana, Adams County, ss: In the Adams Circuit Court of Adams County, Indiana. Jesse Koos vs. Charles Dirkson. Lelsette Dirkson et al. No. 8870. By virtue of an order of sale to me directed by the Clerk of the Adams Circuit Court of said County and State. I have levied’ upon the real estate hereinafter mentioned and will expose for sale at public auction at the east door of the Court House in the City of Decatur, Adams County, Indiana. between the hours of 10 o’clock a. m. and 4 o’clock p. in., on Saturday, the 17th Day of April, 1915, the rents and profits for a term, not exceeding seven years, of the following described real estate, situated in Adams Ccunty, Slate of | di’a /i, \>- wiL: First: x Commencing at the southwest corner of section eight (8) in township twenty-eight (28) north, range fourteen (14) east, thence running north, on the section line, thirty-nine (39) rods and fourteen and one-half (14%) feet to the public highway known as tlie Piqua road; thence in a southeasterly direction .along said read, to the south line of said section; thence west, on the south line of said section

thirty-eight (38) rods mid fourteen (14) feet to the place of beginning; except the following described real estate, to-wit: Commencing at the west line of section eight (8), township twenty-eight (28) north, range fourteen (14) east, at a point where the south line of the Piqua road intersects said section line, thence south on said section line to a point twenty (20) feet from a line of stakes establish, d by the Fort Wayne and Springfield Railway Company, thence southeast parallel with said line of stakes and fifteen (15) feet therefrom to the south line of said section eight (8), thence east, to the west line of the Piqua road, as established by the Commissioners of Adams County. Indiana, thence north forty-seven (471 degrees and thirty (30) minutes west parallel with said road to the place of beginning, heretofore deeded to the Fort Wayne and Springfield Railway Company. Second: The southwest quarter of the northwest quarter of section seventeen (17), except ten (10) acres off of the east side; also the northwest quarter of the northwest quarter of said section seventeen (17), except that part lying north and east.of tlie Fort Wayne and Piqua road. Also commencing at the southeast corner of the southeast quarter of the northeast quarter of section eighteen 18), thence north twenty-eight (28) rods, thence west eighty (80) rods, thence south twentyeight (28) rods. thence east ning. Also the northeast fraction of the southeast quarter of section eighteen (18), lying north and «ast of the St. Mary’s River. All in township twenty-eight (28) north, range fou'--teen (14) east, in all one hundred twenty-six (126) acres. And on failure to realize therefrom the full amount of the judgments, in said cause, interest theron and costs, I will at the same time and Th the same manner aforesaid offer for saicthe fee simple of the undivided twothirds of all of the above described premises. And on failure to realize from the undivided two-thirds of all said real estate, the full amount of the judgments in said cause, interest thereon and costs, I will, at the same time and in the same manner aforesaid, offer for sale, separately, the fee simple of all the real estate above first described, and /ie fee simple of all of the real estate above second described. Taken as the property of Charles Dirkson to satisfy said order of sale this 18th day of March. 1915. ED GREEN, Sheriff. Heller, Sutton & Heller. Attorneys for plaintiff. 25-1-8

APPOINTMENT OF ADMINISTRATRIX. Notice is hereny given that the undersigned has been appointed administrix of the estate of Rred Lullerman, deceased, iate of Adams County. The estate is probably solvent. ANNA LULLERMAN, Administratrix. J. Fred Fruchte, Attorney. 25-1-8 NOTICE OF SALE OF PERSONAL PROPERTY. State of Indiana, County cf Adams, ss: In tlie matter of the estate of James Wagner, deceased. Notice is hereby given that the undersigned executor of the last will and testament of James Wagner, deceased, will offer for sale at public auction at the late residence of said decedent in Washington township. Adams County, Indiana, on tlie Janies Wagner farm, 1% miles nortli of the town of Monroe, Adams County, Indiana, on Thursday, April 8, 1915, beginning at 10 o’clock a. m., sharp, the personal property of said estate, consisting as follows: One bay mare, 10 years old; 200 bu. corn in crib, 40 bu. oats, 20 bu. of wheat, 2% ton cf mixed hay, 2 tables, 1 cupboard, sink, lot of dishes, lamps, 1 trowel, 4 chairs, 4 rockers, 1 dresser, 1 stand. I cot, lot of pictures, 1 clock, blinds and curtains, 1 safe, 2 beds and bedding, 1 rifle, 1 silver watch, 1 range, towels and bed spreads, knives and forks, flat iron, 5 bee stands, empty bee hives, 7 ducks, 1 fence stretcher, sledge, saw, 2 buggies, set buggy harness, grinding stone, Deering mower, lot of grain sacks and many other articles not herein mentioned. Terms: —All sums of $5.00 and under, cash in hand on day of sale; all sums over $5.00 a credit of 9 months will be given, purchaser giving his note therefor bearing 6 per cent interest after maturity, waiving valuation and appraisement laws witli sureties thereon to the approval of the undersigned executor. No discount will be given for cash; this being an executor’s sale none can be allowed. No property will be removed from the premises without first being settled therefor in full compliance with the terras and conditions of the sale. MICHAEL MILLER, Executor. J. N. Burkhead, Auct. C. S. Niblick, Clerk. 72t3 o - — FOR SALE —Pure maple syrup. Made in new process steam evaporator. Looks nearly like strained honey. All put up in 1-gallon screw top cans, labeled. State or other inspection invited. Crated in 3, 6 or 12 gallon crates. Price, $1.20 per gal; 5 per cent discount on 12-gallon orders. Low freight. Cash witli order. Season only lasts a few days.—Geo. Tricker, NOTICE^ —It would be greatly appreciated if the person who borrowed my lawn roller last spring would kindly return same to me at once. —E. X. Ehinger. 70t3

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