Franklin Common Pleas

Wednesday, Oct. 24.

The case of Henry S. Preston against Eli Chrysler came on for trial just before the adjournment of the Court on Tuesday evening—H.C. Chittenden for the plaintiff; G.G. Collins for the defendant.

The facts of the case as developed on the trial were substantially these: The plaintiff being the College of the State militia commutation tax, was handed by the defendant a United States 7-30 bond for $50, out of which to take the tax due from him and a brother of his, amounting in the aggregate to $10.80, and pay him the balance in money.  The plaintiff accepted the bond, giving the defendant a receipt for $10.80, and paying him $39.20.  But as the coupons had been cut off the bond, and as no interest was due upon it, and the principal would not be due for some time to come, the plaintiff could not turn it in at the County Treasurer’s office, for which he was making collections, as so much ready money.

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Mother Asks Property Back

Daughter’s Harshness Forced Their Separation, She Says.

Mrs. Jesse W. Walling yesterday brought suit against her son-in-law, Harvey Elbert, and her daughter, Lizzie Elbert, to secure the title to real estate which she claims was given to the children with the provision her daughter take care of her for the remainder of her natural life at $6 per week. The plaintiff claims the contract was violated.

In the complaint it is declared the plaintiff owned 40 acres of land in Lincoln county, valued last year at $2256. She claims she made an oral agreement with the daughter to take charge of the property. She asserts that a short time later the property was exchanged for 10 acres of land and the daughter became so harsh with her she could not reside in the house. She asks restoration of the property.

Source: Spokane Spokesman-Review, August 4, 1914.

Daughter Asks For New Trial

Father Recovered Sum Sued For in Action Over Realty Transaction.

A motion asking the court to set aside the verdict rendered by a jury in Superior Court Judge Blake’s court Wednesday, and render judgement for the plaintiff in the suit brought by Jesse W. Walling against his son and daughter-in-law, Harvey Elbert and his wife, was filed in superior court today by the defendants.

The jury awarded the full amount asked, $1820, out of which the defendant alleges he had been defrauded by his daughter because he placed too much reliance on her figures in a real estate transaction, to which they were parties.

A motion also was filed asking the court that, in case the court refused to award a judgement for the defendants, a new trial of the case be granted, on the grounds that a fair trial was denied the defendants. The discovery of new evidence also is claimed.

Source: Spokane Chronicle, March 20, 1914.

Sues Daughter For $1820

Octogenarian on Stand Says Outfigured in Land Trade.

Jesse W. Walling, age 81, on the witness stand yesterday in the court of Judge Bruce Blake, testified that his daughter, Mrs. Harvey Elbert, “figured” him out of $1820 in a realty trade when he gave up his right to Oregon property.

Mr. Walling, who is suing his daughter and son-in-law, testified he had confidence in his child and thought he had no money coming to him after he traded the Oregon property for her property in Washington. Later he found $1820 was due him, he said. The daughter will testify today.

Source: Spokane Spokesman-Review, March 17, 1914.

Declares Old Man Mentally Sound

Court Removes Guardian—Plaintiff Says Children Feared His Will.

Jesse W. Walling, for whom the Union Trust & Savings bank was appointed guardian last January, on the petition of his children, today was declared by Judge W.A. Huncke competent to handle his own affairs.

Walling is 78 years old and is possessed of considerable property. Te [sic] alleged that his children J.A. [sic] and J.R. Walling and Lizzie C. Elbert, unjustly had him declared mentally irresponsible in order to prevent him from amking [sic] a will, fearing that he would not leave his property to them.

He showed during the two days’ trial that his children made land trades with him during the time they said he was mentally incompetent and other evidence introduced by Walling satisfied the court that the guardian appointed last January should be removed.

Source: Spokane Chronicle, September 26, 1913.

Old Man Held Incompetent

Court Takes Charge of Affairs of Jesse W. Walling

Jesse W. Walling, whose children sought to have him placed in the care of a guardian, alleging he was incompetent to handle his business, had his affairs placed Tuesday in the hands of the Union Trust company by Judge H.L. Kennan in the superior court.

J.R. Walling, J.H. Walling and Mrs. Lizzie Elbert, the children, all ranchers, and each closely approaching middle age, were witnesses, as to the old man’s incapacity for business. The estate largely consists of farm lands. It was set up in the petition that the old man intended selling out and going to southern California for the winter.

Source: Spokane Spokesman-Review, January 2, 1913.

Denied Estate as “Widow”

Judge Gillespie Dismissed Case; No Proof To Sustain Claim

Deciding that Mrs. Marcella Hockman had failed to prove a common law marriage, with the late Dr. Will L. Cole, Judge Glenn C. Gillespie on Tuesday afternoon in Circuit Court dismissed the suit brought by Mrs. Hockman and her parents, Mr. and Mrs. Frank E. Groove [sic], of Oxford, against Cyril L. Cole, executor of the estate of his father. Cole was given costs.

Mrs. Hockman, formerly Marcella Groover, claimed a widow’s share of the doctor’s estate and asserted that she had lived openly with the physician as his wife.

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Kansas City Hospital Case Appealed.

H.L. Rochelle and Mae Rochelle have appealed from the final judgment of the district court of Wyandotte county to the supreme court of the state asking for a new trial in the case decided against them concerning the operating of a hospital and sanitarium in that county. Mary E. Stotler received judgment against them and they were permanently enjoined from running their establishment. There is also a tax trouble mixed up in the deal.

Source: Topeka State Journal, August 12, 1909.

The Hermon Church

The Injunction Made Perpetual

The case of the Hermon Presbyterian Church and Rev. J. Ford Sutton vs. the Presbytery of Philadelphia North, praying for an injunction to restrain the defendants from declaring the pulpit of the church vacant, was decided by Judge Allison, on Saturday, by making the special injunction, issued last week, perpetual until such time as the higher courts of the church can sit in judgement on the matters at issue.

The case came before the presbytery on the petition of a minority in the church, requesting the dissolution of the pastoral relationship of Mr. Sutton with the church. This was resisted by Mr. Sutton and the entire bench of elders, the board of trustees and a very large majority of the members and pewholders of the church.

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