Leon Reporter, Leon, Iowa
Thursday, May l2, l904

'Judge Miller Will Convene the May Term of Court Next Monday -- Will be Two Weeks Term.'

The last term of the district court which will be held in this county by Judge Miller will convene next Monday for a two weeks term, Judge Miller having been defeated for the nomination as judge and this is the last term for him in this county before election, Judge Towner being scheduled for the October term. The docket for the term is not a large one, there being only 99 cases on the docket. Of the number 11 are probate, 6 criminal and 62 law and equity. There have been but 29 new cases commenced in this county since the last term of court.

The first criminal case which will be tried will probably be that of JOHN F. HAYDEN, who is confined in jail on an indictment for murder in the first degree, for the shooting of W.E. BRACEWELL last January, and will be followed by that of OTTO WOOD under indictment for burglarizing the Weldon depot. These two will likely be the only criminal cases tried at this term of court, as the term is only two weeks, and will necessitate a continuance of the case of CHARLES WOODARD, under indictment for murder in the first degree for poisoning his wife, until the October term.

The following new cases have been commenced since our issue of last week:

H.J. LOBENFELS vs. VIRGIL MOORE et al. Plaintiff asks that all of the land lying south of Weldon River in section 2l, and the north fractional half of the northeast quarter of fractional section 28, all in township 67, range 24 west be made subject to a judgment which he secured in the district court of Decatur County for $55 against HOWARD MOORE et al. John W. Harvey & Son, attorneys for plaintiff.

State of Iowa vs. F.A. GREENLAND. Suit is brought in behalf of Decatur County to recover $l50 due on a bond given by AMOS BELL in payment of a fine for selling liquor, which was signed by GREENLAND as surety, and on which the payments have been defaulted. A.P. Olsen, attorney for plaintiff.

JULIUS FECHT vs. F.A. GREENLAND. Suit is brought on an account for cigars sold defendant amounting to $42.50. Marion F. Stookey, attorney for plaintiff.

Bank of Pleasanton vs. T.P., W.W., and A.J. FULTON. Suit is brought on a promissory note for $500 dated Oct. l6, l903, due in six months. Marion F. Stookey, attorney for plaintiff.

State Insurance Co., of Des Moines vs. J.E. and F.E. GREENLAND. Plaintiff asks that the judgment which defendant secured in November, l902, for the loss of a barn and contents owned by defendants at Grand River, Iowa, which was destroyed by fire be set aside on the ground that the judgment was procured on false and perjured testimony, and that a new trial be granted in the case. J.W. Harvey & Son and Carr, Hewitt, Parker & Wright, attorneys for plaintiff.

MARY M. TESKEY vs. CHARLES TESKEY, is a suit for divorce. The parties were married in Sac County, Iowa, July 3l, l892 and lived together until March 4, l904. The plaintiff alleges that she was compelled to leave her husband on account of his cruel and inhuman treatment, consisting of cursing her and using vile language to her, and on one occasion compelled her to walk to town a distance of six miles because she would not be ready for fifteen minutes when he had no reason for being in a hurry. She alleges that he has also failed to properly support her and their children. She asks for a decree of divorce and the custody and control of their one son, SILAS, aged seven years. Geo. W. Baker, attorney for plaintiff.

J.N. GATES, executor of the estate of DAVID STUART deceased, vs. GEO. W. LANNING et al. Plaintiff brings suit to forclose a mortgage on lot l in Referee's addition to the town of Davis City, Iowa, given to secure the payment of a note for $250. S.A. Gates, attorney for plaintiff.

The Aultman & Taylor Machine Co. vs. WILS MCCULLOUGH and ED MORGAN. Plaintiff brings suit on two notes of $l37.50 secured by chattel mortgage on a threshing machine. J.W. Harvey & Son, attorneys for plaintiff.

W.A. CURRY vs. JOHN A. STOUT. Suit is brought on a promissory note for $l24, dated Jan. l4, l902, due in six months. John W. Harvey & Son, attorneys for plaintiff.

Letts-Spencer Grocer Co. vs. Sun-flower Grocer Co. and PAUL M. SCOTT. Suit is brought on an account for $390.80 for goods sold to defendants who were in business at Wichita, Kas. V.R. McGinnis and Frank J. Horton, attorneys for plaintiffs.

ELIZABETH KENNEL vs. A.O. KENNEL is a suit for divorce. The parties now reside at Van Wert. They were married at Centerville on Sept. 2l, l886, and lived together until May 23, l903. The plaintiff alleges that since their marriage the defendant has become an habitual drunkard, and asks for a decree of divorce on this ground, together with the custody of their two children, HOMER E., aged fourteen and FLO E., aged twelve years, together with $500 temporary alimony and $3,500 as permanent alimony. Geo. W. Baker, attorney for plaintiff.

GEORGE STONE vs. F.A. GREENLAND, STEPHEN VARGA, CLARA FRAZIER, W.A. RAMSEY and WM. GREENLAND. The plaintiff was until a few weeks ago the owner of 2l0 acres of fine farm land in Decatur Township which he sold to SARAH C. HOFFMAN, subject to a mortgage of $2,000, and when the transfer was made it was found that there was a second mortgage against the land for $4,047, in favor of F.A. GREENLAND given to secure two notes for $l,000, each, one for $800, one for $747, and one for $500, alleged to have been given in May, l903. The plaintiff denies that he ever signed the said notes, or received any consideration for doing if he ever did sign them. That if he actually signed them he was induced to do so by F.A. GREENLAND or someone representing him, under the belief that he was signing some other kind of a paper, and claims that GREENLAND and one ROY SWITZER and others acting for GREENLAND plied him with liquor so that he was totally incapacitated for doing any kind of business, and while in an intoxicated condition he signed the notes. That said GREENLAND and SWITZER were supposed to be his friends and he had implicit confidence in them, and did not suspect that they were having him sign such notes and mortgage. The defendants STEPHEN VARGA, CLARA FRAZIER, W.A. RAMSEY and WM. GREENLAND are made parties to the suit for the reason that they are supposed to own at this time some of the said notes. Plaintiff asks that said mortgage and notes be declared null and void, and the defendants be restrained from selling, transferring or attempting to collect them. Marion Woodard, Geo. W. Baker and A.P. Olsen, attorneys for plaintiff.

Copied by Nancee(McMurtrey)Seifert

Criminal and Court Cases and Legal History   ***    Decatur County IAGenWeb