Jasper County Democrat, Volume 16, Number 93, Rensselaer, Jasper County, 21 February 1914 — COURT NEWS [ARTICLE+ILLUSTRATION]

COURT NEWS

New suits filed: No. 8176. Lafayette Loan & Trust Co. vs. estate of B. J. Gifford; suit on mortgage, note, partially allowed. Demand $1,646.77. (This and the following claims were allowed by the executor with the exception of the attorney fees, we understand, amounting in all to about SBOO, and it is on this part that suit is really brought.) No. 8177. Same vs. same; same kind of action. Demand $4,424. No. 8178. Same vs. same; sdme kind of action. Demand $2,195.68. No. 8179. Same vs. same; same kind of action. Demand $2,043.93. No. 8180. Same vs. same; same kind of action. Demand $1,768.48. No. 8181. Same vs. same; same kind of action. Demand $1,790.40. I No. 8183. Equitable Life Insur-J ance Co. vs. Edward Oliver; suit on note. Demand $191.25. No. 8184. Charles Schwanke vs. I Babcock & Hopkins; action to re- ( cover on 275% bushels of corn which ; plaintiff alleges he sold defendants on Dec. 29, 1913, at 60 cents per Bushel. Demand S2OO. No. 8185. John Fenzel vs. D. L. Brookie; action on account. Demand S6O. No. 8186. Fred E. Callahan vs. Daniel E .Lakin; suit bn note. Demand SIOO. Items from the circuit court docket: Nancy Knight vs. Sarah A. Platt et al; Commissioner reports sale of lots 9 and 12, block 6, Leopold’s addition, to Robert E. Platt and James H. Platt for SIOO. Sale confirmed, deed presented and approved. Marion Cooper allowed $5.77 and commissioner $lO. Balance of $84.23, less court costs, to be distributed. Eliza D. Bartqo vs. John V. Barloo. et al; commissioner files petition for distribution which is granted. J. H. Chapman allowed $25, and P R Blue SSO. Rensselaer Lumber Co. vs. Edward .Gilmore, et al; defendants James Wilson and A. (Meyer file answer. Defendant Gilmore defaults.

Trial calendar of the Jasper circuit court: State vs. Lucas, third Monday. State vs. Klinger, third Saturday. State vs. Clouse, third Wednesday. State vs. Reed, third Monday. State vs. Honan, third Friday. State vs. Donahue, third Thursday. State vs. Kirk, (3 cases), third Tuesday. State vs. Miller, third Thursday. State vs. Tanner, third Wednesday. Dillon vs. Mills, fourth Monday. Midland Roofing Co. vs. Kirk, fourth Monday. Hurley vs. Karch, trustee, et al, fourth Tuesday. McFarland vs. Babcock, fourth Wednesday. Slinigsby vs. Cranford, fourth Tuesday. Oliver vs. Erickson, fourth Thursday. Allen vs. Estate of B. J. Gifford, fourth Tuesday. Makeever vs. Moore, fourth Wednesday. Thompson vs. Robinson, fourth Thursday. Leach vs. Remington Farmers’ Elevator Co. et al, third Wednesday. Rich vs. Herriman et al, third Friday. Chissom vs. Bingham, third Saturday. The following cases appealed from the Jasper circuit court will be of interest to readers of The Democrat:

Supreme court. No. 22475. Ray D. Thompson et al. vs. John P. Ryan et al. Jasper C. C. Appellant’s briefs. Appellants’ request for oral arguement. Appellate court. No. 3239. James M. Htallagan et al., executors, vs. .James W. Johnson. Jasper C, C. Affirmed. Felt, J. (1) Action by appellee for convention of horse. Testator took a chattel mortgage on "one sorrel gelding 7 years old, named Charley,” and other personal property from T, who failed to pay the mortgage, and testator commenced replevin and T gave bond for retention of property. Pending replevin suit T sold a sorrel horse named IJarney to appellee and the sorrel horse named Charley died. The replevin suit was decided in favor of testator and he took out execution and seized Barney, believing him to be Charley, he being the only sorrel horse disposed of by T and none remaining in his possession. Appellants*. seek to hold appellee as grantee on the strength of T’s replevin bond, which is refused, as the proceedings should have been by writ of restitution and suit on bond to obtain benefit on the bond. (2) No judgment having been rendered in

the replevin suit at time appellee purchased Barney, those proceedings can not bind appellee in the purchase of a sorrel horse other than mortgaged. (3) Parol evidence may be resorted to for the identification of property covered by a chattel mortgage. (4) By the issuance of execution testator followed an irregular method of asserting his rights, as he should have asked for writ bf restitution. No. 8878. Landy McGee vs. J. W. Stockton, et al. Jasper C. C. Transferred from 22482 of supreme court. Appellants' petition for time, which is granted including April 7, 1914.