JUDGE LEE HOLDS LOCAL MAN
MAY REDEEM 4,655 ACRES OF
SUIT INVOLVES TITLE
TO $400,000 JN FARMS
Eighteen Hundred Acres of the Land is
in Marshall County—Mrs. Mary
Colby Claimed Title But Court Sus
tains Fort's Contention That He Has
the Right of Redemption.
By the decision of Judge C. H. Lee,
of the Eleventh judicial district, deliv
ered in the Wright county court at
Clarion, W. J. Fort, of this city, has
won the first and a most vital point in
his lawsuit with Mrs. Mary E. Colby,
of Des Moines, which involves the
ownership of 4,855 acres of valuable
farm land in Marshall, Wright and
Dickinson counties, and Marshall coun
ty, Illinois. The property involved has
an estimated value of from $350,000 to
By the decision of Judge Lee Mr.
Fort is given the right to redeem the
-land, which aflirms his contention that
he is the virtual owner and that the
title is still vested in him.
Decision of Local Interest.
The decision is of more than ordin
ary local interest, because it affects
the title to 1.S00 acres of land, some
iof it of a value of $150 per acre, in this
county. This land lies near Melbourne
land both south and north of Green
Mountain. Some of the present owners
of this Marshall county lajsd are J. A.
Lynch, John J. Soorholtz, Albert
Klingbeil. 'W. C. Perry, George B. Dan
nen, J. M. "VVhorram, and Warren S.
Walter. Part of them bought the land
•of Mrs. Colby, presuming she Was
capable of giving an absolute title. Ac
cording to the decision Fort, being giv
en the right to still redeem the land,
Is thereby vested with the title of own
ershfp. The ordinary recourse of the
land owners would be against Mrs.
Accounting Not Fought Out.
TXiere still remains certain important
phast-s of the case that are to be fought
For the Dining Room
This im portant room
should have well built furniture and
well made rugs. When quality counts
we are able to give you a large selec
Solid oak table, square top, 42 in.
8 ft. length, was $14, now $11
Solid oak pedestal table, round top
and finely made, $15 $12
Quartered and polished oak buffet
a great bargain, $28 $23.50
Fifle oak sideboard, large pieces
S and well made in latest design
was $18 $14.25
Six elegant oak diners, best value
in the store, special ... .$10
out and ajudicated. Until this account
ing is made the decree in the case
will not' be filed. On the outcome of
this accounting will depend how much
Fort must pay Mrs. Colby to satisfy
her claim. This accounting Is necessary
because, during the period of years
Mrs. Colby has had control of the land,
the revenues from it have gone to her.
Some of the land has been leased, and
some of it has been sold by her.
The case was tried before Judge Lee
about a year ago, but was taken under
advisement, and a decision on the orig
inal issues was not given until recent
Who Owned Land the Question.
The vital question involved in the
suit was who owned the land, Fort or
Mrs. Colby? Fort -alleged he did, and
Mrs. Colby claimed ownership. Mrs.
Colby's claim to ownership was based
on alleged deeds given her by Fort.
Fort claimed that these deeds were in
fact only trust deeds, given to secure
mortgages given by him to Mrs. Colby.
The beginning of the case dates back
to 1901. At that time Fort owned by
virtue of being the heir of Phineas
Stevens, all of this land involved in the
suit. In addition to the 1.S00 acres in
this county, there are 640 acres in
Wright county, 1.5S5 acres in Dickin
son county, and 330 acres in Marshall
The property was badly incumbered,
and was deeded by Fort to Mrs. Colby,
who was then a resident of Chicago,
and who, with her son, C. H. Colby,
was in the banking business in O'Brien
county. The consideration for the land
was about $155,000.
Alleges No Sale Made.
I Fort was given an option to purchase
back the land at the end of a certain
period. When this time elapsed Fort
did not exercise his option. Then Mrs.
Colblv, so it is alleged, took virtual
possession of the land and sold much
At the time when the so-called mort
gage, as Fort alleges, was given Mrs.
Colby, much of the land was leased.
These leases were assigned to Mrs.
Colby who, in addition, leased the rest
of it before it was eventually sold.
It has always been Fort's contention
that his arrangement with the Colbys
was nothing more than a loan on the_
land, for. which he gave a mortgage
secured by what was virtually a trust
deed. When the loan period expired he
alleges Mrs. Colby made no attempt to
foreclose, but had already actually
taken possession of the properties.
On the other hand the Colbys claim
that the negotiations with Fort consti
tuted a bona fide purchase, and that
from the date of Fort giving the deed
to Mrs. Colby the latter became the
Brings Suit For Redemption.
As a result Fort brought suit in the
Wright county court by which he
sought to have the deeds declared to be
nothing but mortgages, and he also
sought the right of redemption under
those mortgages. The persons who
purchased tracts of the land from Mrs.
Draperies and Lace Curtains
This important department is housed in new
quarters on the third floor and includes the finest patterns from the
best lines in the country. A range of
prices taking in the best of everything
from low priced to the finest weaves
and everything at 1-4 less than the
regular price. We want to get you in
terested in this department so have
values there that cannot help but con
vince you that we have a stock of
•Ejfta-W* wVM^nni^i' ^.n,wr Wmurt MI. i.f 11.! r.. ^Wtilj^ngiiyi,
Colby were made nominal defendants
in the suit, toy reason of the purchase
they had made.
The court has now sustained Fort's
contention that he has the right to re
deem the land. The accounting, which
will come later, will be based on the
amount of money derived from leases
of the land and sales, which Mrs. Colby
has received during her years of con
trol a)id claimed ownership.
In November, 1908, attorneys spent
two days in this city, taking deposi
tions of owners of land in this county
involved in the suit.
MISS HAMMOND DEAD.
Well Known LeGrand Woman Dies of
Miss Nettie Hammond, aged 44,
danughter of Mr. and Mrs. Hiram
Hammond, well-known and old resi
dents of LeGrand, died at the home of
her parents at 4 o'clock Wednesday af
ternoon of pulmonary tuberculosis.
Miss Hammond was first taken sick
with the disease early last spring. She
began to fail gradually, and at various
times was seriously sick, but her con
dition did not caused especial alarm
until only a few hours before her
Miss Hammond was the youngest
daughter of Mr. and Mi^. Hammond,
and was born in LeGrand June 5, 1S65.
She was reared there and spent her
entire life in the village. She was the
otilv unmarried daughter, and became
the mainstay of her aged parents, to
whom her loss is a severe blow. She
virtually became the mother of the two
daughters of her brother Lewis, who
al=o made his home with his parents.
In addition to her parents and the
brother Lewis, who is at home. Miss
Hammond is survived by three married
sisters and one brother, all of whom
live at a distance. The brother is Rev.
Charles Hammond, whose home is in
western Nebraska, and the sisters are
Airs. Maggie Salisbury, of Los An
geles, Cal. Mrs. Libbie Hartley, of In
diana and Mrs. Addie Hadley, of
Arrangements for the funeral will
not be made until the relatives are
Card of Thanks.
We wish to thank our many relatives
and friends for their kindness to us
in our sad bereavement of our loving
daughter and sister, Thresa and also
for the many bi-autifui flowers. Mr.
and Mrs. John W. Young and Daugh
Licensed to Wed. 'aSils'S
Peter Plae'nn, farmer, aged 31, and
Edna Rebecca McCurdv, aged 18, both
Anyone wishing to pay accounts be
longing to the John Englert estate call
at SOS Bromley street, between the
hours of 9 and 12 a. m. and 1 to 5 p. m.
For the Bed Chamber
Here is where we can show
matchless values whether you want a
cheap piece or something in quartered
oak, bird's eye maple, Circassian wal
nut or solid mahogany.^
Elegant oak dresser $9.00
Oak princess dresser, .13.00
Large oak chiffonier .7.50
Full size iron bed Vv 2.25
Heavy gilt finished bed 4.90
Bed room suites at prices lower than
ever before and actual values that we
will not be able to duplicate again.
Draperies and Lace Curtains that merit
your careful inspection at all times.
i. T"^E GREATEST value giving event of the year occurs here with the opening of the door on
TIMES-REPUBLICA1T, MABSHALLTOWN, IOWA, JANUARY 6, 1910
NOTIFIES RAILROAD CONFISCA-
TION OF SOLDIERS' HOME
COAL MUST CEASE.
STATE HAS SEVERAL
DAYS'SUPPLY ON HAND
Some Consignments of Cheaper Grades
of Coal Now Arriving, But Higher
Priced is All That Consumer May
Buy—Confiscation Order is Still in
Because of the general coal confisca
tion order in effect on the railroads the
state of Iowa has clashed with the rail
roads, including the Iowa Central.
Included in the supplies consigned to
this city, which the Central confiscated,
were several cars for use of the state
at the soldiers' home. This is what
caused the state to take a hand, and
the railroad commission has issued an
order that the railroad company re
place the coal immediately.
Home in Good Shape, However.
The soldiers' home was fortunate,
however, in having a good supply on
hand when the confiscation order went
into effect on the Central. Today the
state has six days' supply in its bins,
and eight teams are busy hauling to
the home from the track the supply of
four more cars.
The Gregory Coal, Coke and Lime
Company, which has the state contract,
informed Quartermaster £1. J. Bennett
today that it expected anywhere from
two to a half dozen cars within the
next few days, and possibly by Friday.
At the present time the soldiers' home
has on hand a.nJ track a supply that
will last about two weeks.
Situation Not Alarming.
Local coal dealers do not consider
that the situation locally is alarming,
and say that there will not be danger
of suffering, or of much inconvenience,
if the railroads will, from now on, quit
taking coal. The consumer may have
to be a little generous and be willing to
divide his order with his neighbor, un
til suchra time as the spuply become
Hard Coal But No Coke.
Burners of coke who did not have
an extra large supply on hand, and the
^^le the sale lasts throughout the month it is only natural to expect that the cream of the offerings will go to early buyers—the
belated seeker of bargains may, from this hint, gladly accept the suggestion. The sale is for
and no credit will be given at the little prices that prevail. The freight we'll pay ourselves though and hold the goods you select until
you want us to deliver. Welcome! Come to a greater feast of bargains than you ever saw before!
I If the Bargain Event of the Whole Year Carpets, Draperies and Lace Curtains Are Included
For the Parlor
Pretty parlor pieces hardly
describe this department and we as
sure you that they are priced to move.
Whether it is an odd rocker or chair, a
parlor set, a couch or a davenport, we
can show you the newest designs, in
the latest finishes at the price you
want to pay.
We have several broken sets in this
department and with a few odd pieces
that we are unable to duplicate, have
on all Mattings
Bring Us Your
....*- ."•• ?''"1 ••:•••...• ^-V-*
average coal bin does not contain a]
great abundance of coke, will have to..j
burn something else unless local deal
ers receive supplies soon. There is no I
coke in the city, dealers say. There is
still a normal supply of hard coal, sell-..
ins at $10 per ton. The cheapest lump
coal purchasable in the city, now sells
Dealers say that all steam plants In
the city have fair supplies on hand,
and the school buildings were kept go
ing by furnishing a little cheaper grade
of- coal, steam Instead of mine run.
Confiscation Order Still Effective. I
According to the dealers the confis
cation order on the part of the Iowa
Central is-still in effect, and at the
mines, both in Iowa and Illinois, the
order is that if the mines do not bill to
the railroad company the company will
take the coal.
The Clark Coal and Coke Company,
which maintains a distributing agency
here, has had fifty cars of coal consign
ed to this city that have been confis
cated by the Iowa Central.' Manager
C. E. Smith claims that the coal was all
sent north for the use of the Minneapo
lis & St. Louis.
JUDGE BRADSHAW WEDS
Member of Bench of This District
Takes Bride at Chicago Today-
Rachel Morrison, of Newcomerstown,
O., Becomes Mrs. Bradshaw.
A telegram to the Times-Republican
from Chicago today tells of the grant
ing of a marriage license there to
Judge C. B. Bradshaw, of Toledo, a
member of this, the Seventeenth dis
trict, bench. Judge Bradshaw's bride
is Rachel Morrison, of Newcomers
The news will be received with much
interest by the judge's many friends in
this city and thruout the "district. He
is one of the oldest and best known
lawyers of Toledo, where he maintains
To the Trade.
We have bet?n very busy the past
season but not so busy as to neglect
any opportunity-of buying lumber at
the right prices for future business.
We have good, rough boards as low
as S13.50 per thousand.
Lath as low as $3.50 shingles from
$2.75 to $3.75 per thousand.
Galvanized rubber roofing $1.25 for
one ply $1.50 for two ply, and $2 for
three ply, per 108 square feet.
Four panel doors, 2-8x6-8x1%, $1.60
Come and see us before buying any
building material. We can save you
money. Citizens' Lumber Company, 306
Market street, Marshalltown, Iowa.
READ THE T.-R. WANT ADS.
C. Wilbur Store
Everything that is good
will be found in this department on the
third floor. Elegant light to display
the goods and plenty of room for your
inspection. Rugs, Carpets, Linoleum,
Room size tapestry rugs $10.90
9x12 velvet rugs 13.90
9x12 axininisters 19.75
Best all-wool ingrain carpet, yd .60
Imperial velvet carpet, yd... .. 1.05
12-ft. linoleum, finest quality!., .65
in a it in 6 5 0
For the Living Room
Good, substantial, comfort
able furniture for this much used room.
The quality kind will be found the
cheapest and with the exceptionally
low prices during this sale you can
well afford to fix up your living room.
Library tables in all of the different
finishes at one-fifth less than regular
Couches and comfort chairs for the
living room that are built for good hard
everyday wear. ..
'\.*K *•. -..v.*-: ~rV.
Read the T.-R. 'Want Ads
A combined sale of
Men's and Boys* Clothing
and Furnishing Goods
A guaranteed discount from
25 to 33*
on this season's Clothing and
Sale commences Wednesday, Jan. Stb, 1910
rings You Matchless Values
Saturday Morning, Jan.
only—no charge account can be opened
For the Kithen
System in the kitchen
means making work easy for the house
wife. Nothing helps kitchen work like
using a modern kitchen cabinet with
air of the latest equipped convenience.
We are showing ^complete cabinets
ranging in price from $10 up and so
licit your careful investigation of these
McDoUgall Kitchen Cabinets included
in this sale.
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