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THE DAILY APPEAL CARSON CITY NEVADA. f v OFFICIAL ADVERTISING OFFICIAL ADVERTISING OFFICIAL ADVERTISING OFFICIAL ADVERTISING OFFICIAL ADVERTISING OFFICIAL ADVERTISING SUPREME COURT DECISION j -3. had conveyed the property to Ber No. 1636 ' j r.ard and taken new deed from him, J which would have lel't the title in In the Supreme Court of the State of plaintiil as it now stands. It was Nevada. not necessary to have these extra Appealed from 1st. Judicial District ' deeds and if they had" been executed OFFICE COUNTY AUDITOR Court, Lyon County. C. F. Fox. Plaintiff &. Respondent, vs. Mrs. Harriet Ber.ard as executrix of the last will and testament of William M. Bernard, deceased, Mrs. Harriet Orth and J. C. Orth, Defendants and Appellants. C. E. Mack and Geo for Respondent. . . John Lothrops and Appellants. TONOPAH RAiLKOAU COMPANY A. Decision ! On February 18, 1S93, the plaintiff', l.'ined ?400 to William Bernard, now i :ceaed, and to secure the payment, thereof he deeded to plaintiff en that : day t'ne lands described in the com plaint, and at the same time plaintiff executed to him a bond for a deed whereby lie agreed to re-convey the ' property on or before February IS, iS?3, provided that be was paid on or h :-fore that dare $400, and also $36 j annually. On February S, lS9i plaint iff loaned Bernard the additional sum e: S'300 and accented as security for . J10"0. ana interest a deed male. t-3 plaintiil at the time the 54'.'0 was borrowed, and by release .made in writing acknowledged and recorded, B ;rr.ard then relieved him from ail , o , legations resulting from the bond made February IS, 1S93, and there-; upon plaintiff exeeu'ed to Bernard a new bond, dated February 8. lSt6, conditioned that plaintiff would make .2 deliver a good and sufficient con-; veyance of the property to Bernard, provided Plaintiff was paid $1009 on or before January 1, 1900 and also SGO annually, and further provisioned t":iat if Bernard paid these amounts and the taxes he would be entitled to the use and possession of the premises A receipt and the statement or ad mission of Bernard a short time be fore his death indicate that the only payments were on interest to the 8th. day of February 1S97.. He died the following year and letters test amentary were issued to his widow Mr?. Harriet Bernard who has s'tice married C. J. Orth. Plaintiff's de mand arising out of the above tran sactions was piesented against the Fines in Justice Court . Rent of Co. biulidins . . 2nd. Inst taxes SIol machine license - S. A. apportionment school money 5424 4S 1S1 4 42 3! Douglas Co., road work ....IS 00 m VTV T- . fin of the, -action four years KeeP w- B0ea, uv Keep L. a. uau io vu I Total 4.213 5994 Recapitulation 06. they would not have varied the time for bringing suit and the initiation of the running of the statute which was controlled by the last bond and the date therein fixed and extended lor payment and reconveyance. Piaimirr is forviied with a writing fcr all. that is awarded him by the Pyne, Attys. judgment and for more if the property is wcrth more. Chartz, for j Tue Joan and giving of the security I which vary the unconditional terms j f the deed, and which are shown verbally, are facts favorable to ap pellant which it would have been in cumbent upon her to prove if plaintiff j DeliQuent- taxes tad s.u.--d in Pitmpnt for th. r,. Cigarette license erty and introduced the deed. T2ie ! brmgiu and four months after January 1, 1900, the time fixed in the last bond for a reconveyance conditioned on pay ment, was rot too late. j It is aUo urged that suit was not j begun within the time required by j the provisions of the Probate Act ; alter the rejection of the claim by the executrix. Whether this is so is imraru-riui fv? although she as ese- j cui-trix is named as a party defendant, . the allegations of the complaint and the decree may be considered ; runn'ng against the property only, i o judgment for any deficiency after sale or otherwise against the estat9 is demanded or given by the decree, which is directed only against the , premises and plaintiff's rights to this ' extent would not be curtailed nor a.fected by failure to present a claim to the executr, nor by her rejection of the claim filed, nor by his om mission to sue within the time pre scribed for commencing actions on rejected claims against estates of de ceased persons, as is necessary -when it is desired to reach tne assets ol i the estate. In Cookes V. Culoerston, 9 Nev. 207, as here, a deed was given as security , for a loan which was not evidenced in writing. It was said in the opinion "The remedy upon the debt :s barred by the statute, but the debt was not thereby extinguished; and as the statute ol limitations of this 1 State applies to suits in equity as well as actions at law, the creditors could have enforced Dayment by foreclosure estate and by ber as executrix iu. m0rtgage within four years rejected on August 29. 1898. There j after tQe oc action accrued estmony indicating that she hai rje had two remedies, one upon the f o the Honorable, the Board of Const ty Commissioners, Gentlemen: In compliance with the law. 6 herewith submit my quarterly re port showing receipts and disburse ments of Ormsby County, during the quarter ending Dec. 30, 1905. Quarterly Report. Ormsby County, Nevada. Balance in .County Treasury at end of last quarter 33108 77 County licence 693 15 Gaming license 1U57 50 Liquor license 2-82 00 Fees of Co. officers 527 05 ANNUAL STATEMENT Of The Continental Casualty Company Of Hammond Indiana. General office, Chicago, Iills. Capital (paid up) $ 300,000 :i0 Assets 1,708,611 28 Liabilities, exclusive of capi- 125 00 302 50 103 43 282 00 Philadelphia, May 18, 190f. NOTICE is given to bondholders of the Tonopah Railroad Company that in accordance with the terms of the bonds and the trust mortgage secur ing the same, all of the outstanding 6 per cent first mortgage bonds se cured by the Trust Mortgage to the Land Title and Trust Company dated January 26, 1904 have been called ! lor redemption, ana win be paid, at j the office of the undersigned at 10-l2 per cent and interest on July 1st, 1906, ' Total expenditures, 1903 at which date interest will cease. I . Business 1905 Tin.-' r xT-k i r T r n , x . r .... Risks written xnr. i.. ium, a.u. iituci premiums ANNUAL STATEMENT tal and net surplus .. Income Premiums Other sources Total income, 1905 Expenditures Lossss Dividends Other expenditures COMPANY I S V cor Broad and Cnestnut streets PHILADELPHIA, Penna. o-o PROPOSALS FOR Losses incurred 1,137,641 70 2,123,743 C-i 30.476 72 2,160,226 ;b 933:904 -16,500 00 1.113.131 64 .123,536 45 none 2.633.S75 1-3 1,009,644 SI Nevada Business Risks written none j Premiums received 20.025 "6 j Losses paid 8.544 i ! Losses incurred S.C34 5is A. A. SMITH, Secretary. V4 FENCE AND COPING Proposals will be received by the j State Board of Military Auditors to ' construct a concrete coping and furn-; OFFICIAL COUNT OF STATE ish and place on said coping an iron fence on the exterior boundry of block FUND'S. Of The Empire State Surety Co. of New York City, New York. Capital (paid up) $500,000 09 Assets 951,560 V'i Liabilities, exclusive of capi tal and net surplus . . 323,385 55 Income Premiums 439,353 ST Other sources 54,377 0J Total income, 1303 494,936 87 Expenditures Losses Dividends Other expenuitures ...... Total expvn li-iires, 1905 . Business, 1905 Risks written Premiums thereon Losses incurred Nevada Business None DANIEL, tslEWART, Secretary. o-o ANNUAL STATEMENT STATE OF NEVADA. ,736 64 ..47 69 April 1st. hand State fund . General fund Salary fund Co. school fund Co. school fund Dist. 1 .. Co. school fund Dist. 2 . . Co. shoo! fund Dist. 3 . . . Co. school fund Dist. . State school fund Dist. 1 State school fund D;st. 2 State school fund Dist. 3 Agl. Assn fund A. ... Agl. Assn. fund B Agl. Assn. fund Spcl. ....... 1S29 54 Co. school funi Dist.l Spcl .7290 20 Co. school fund Dist. 1 library i..; 103 40 Co school fund-Dist. 3 library 6 50 Co. school fund Dist. 4 library 6 50 Total $31277 17 B. VA NETTEN vAmnty Treasurer. Disbursements of Stars Thompson and Bear di-; County of Ormsby, s. Balance cash on j vision of Carson City, Nevada up to $31277 17 James G. Sweeney, 1- o'clock m.. on Saturday the 16th ; sworn, severally say 713 73 H j day at June. 1306. i are members of 4.12 28 i No bid will be considered unless ! cf Examiners of the otate of Nevada, bein: that the duly they Board 77,344 S5 &U.000 09 317.7S3 68 440,134 t1 none 574.541 91 86,453 43 ! accompanied by a bond or a certl- ; that on the 31st day of May. 1906, I filed check in the sum of one thous-they, (after having ascertained frota 10153 4Sa ! and dollars for the faithful perform-j t-ke books of the Sh.ate Controller tha ..1S9 14 lance of the work. m0,int of Tr:0T5ey hat 9y' he h o-t I the Treasurv) made an offcial exami- ..2,7 61Hi Pians and specifications can be hadination and count of tbe money and ..212 77 of the clerk of the board. , vouchers for mosiej in tn State Tre- Proposals should be addressed to . asurr of Nevada and found the sam S. H. Day, Clerk of 3859 S3 .216 18 .433 76 Military Auditors, and endorsed, "pro- j .6S6 12 Yi : posals for Fence and Coping." ..92 16 j The board reserves the right to re-i ! ii-rr nnv nr all hiiis. By order of the State Board of Mili tary Auditors. S. H. Day, Clerk, May. 26, 1906. o-o In the Matter of the Estate of Mary Hopper. Deceased. Pursuant to an order of saSd Court, made on the 27th day of April, A. D. 1906, notice is hereby given that Saturday, the 12th day of May, A. D. j lt)6, at 10 o'clock A. M. of said day, the Board of co,c as tollcv:s LUlIi . . 283,553 10 Paid coin voncherg not re turned to Controller . 22.2921 37 General fund 4203 67 Salary fund 2560 00 County school fund 60 00 Co. school fund Dist. 1 338 65 Co. school fund Dist. 2 173 10 Co school fund Dist. 3 19 85 Co. school fund Dist. 4 122 00 State school fund Dist 1 ....2611 65 State school fund Dist 2 mo 00 State school fund Dist 3 120 00 State school fund. Dist 4 110 00 Co. school fund 60 00 Co. school fund Spcl building 6377 50 Total 16936 42 Recapitulation 190S of distribution. From a judgment ae- iHg actions on written instruments. tfjiva uya creeing the deed to plaintiff to he : aa3 beea extended from four to six ( Receipts from January 1st to , v nrriprinar a. fore- nn.Sor wpl! rftpnsrnizpd March olst 1906 ! uiuitgasv j j y wi 3 - - a closeure and sale of the premises to j prnCiPie3 plaintiff was allowed that satisfy the amount. 11731.25 and ! ig Qf time after tiie date fixed for payment of the 11000 and for the termination of the bond or a re-con- X3 Tre vlcusly recognized the demand by deb th& otlier upotl llle mortgase; endeavoring to borrow money for its j by losing oue he doe3 not necessarily navment. On July 24, 1901 the prop-, lo& tb other Siace tne rendition rty was set over to her by decree i 0f the decision the time for commenc-, Cash in Treasury January 1, J76.40 coste. touna uo w she appeals. , The well settled doctrine that a deed executed merely for the purpose of securing a debt will be construed as a mortgage s not assaueu, uuv i yeyance, which was January 1, 1300. As said in Borden V. Clow. 21 Nev. 278, it is a rule n regard to the statute of limitations that the statute appellant it is contended that as suit begins to run when the debt is due j wa3 not brougnt until April, 1904, , and an action can be instituted ipon tnora than, six 1'ears after tne last ; it." Under the argument tor appell- an and the flvios of the last bond ' ant the four years from the final loan r-- February 8, 1896. and more than on February 8. 1S96 to the time for r i- years after the tlxae, January 1. , payment of the Slouu under the bond 1"T' fixed tor a conveyance there-; on January 1, 19iio, would be de- c-ondit?oned on fiayment, the ducted from the six years allowed ; . h-.rrPd bv the statute of i for bringing suit, and on tuat theory 810 81?i Disbursements from January 1st to Iliarch 31st 1906 16936 42 Balance cash in Co. Treasury April 1st 1906 3127 17 H. DIETERiCH County Auditor -o-o- TOURIST EXCURSION PARTIES TC THE EAST at the Court-room of said Court, at the Court-house, In the City of Carson, County of Ormsby, have been ap pointed as the time and place for proving the reputed lost Will and testament of said Mary Hopper, de ceased, and for hearing the appli cation of Margaret Lloyd, for the issuance to her of Letters Testament ary, when and where any person in terested may appear and contest the said Will, and many file objections In writing to the granting of Letters Testamentary to said petitioner. Dated. April 27th. 1906. H. B. Van Etten.. Clerk Hartson & Moran, Attorneys for Pe titioner. o-o- Total 307,851 47 State School Fund Securities. Irredeemable Nevada Htate School bond 380,000 00 Mass. State 3 r.r cent bonds 537,000 no Nevada State Bonds od,700 00 Mass. State b per cent bonds . 313,000 00 United States Bonds 215.ooo no Total 2,006,451 47. James G. Sweeney "John Sparks Subscribed and sworn before ttk this 31st day of May, T. D. 1906 J. Doane, Notary Public, Ormsvy County. Nev. Of The Skandia Insurance Co., Of Stockholm,. Sweden. Capirai deposited) S 20-..000 00 Assets 1,022,242 l'J Liabilirie-. exclusive of capi tal and net' surplus . CS-,777 -7 Income Premiums 815,783 10 Other sources 36,293 26 Total income, lt5 ... S52.0S1 36 Expenditures Losses 451,270 91 Dividends none Other expenditures . . . 160,901. 13 Total expenditures, 1905 712,175 11 Business, 1905 Risks -Titten 91,362.733 8X Premiums thereon 1.019.S67 fc Losses incurred 405,467 34 Nevada Business icne F. SHALLCROSS. U. o-o S. Manager ANNUAL STATEMENT ASSESSMENT NOTICE It is said that if tLe mtauriiy of he loan had been j a written release of the I more than six" years, instead of four j plaintiff's cause of acton would have been barred berore it accrued.. The judgment of the District Court is affirmed. . . , . ,, TALBOT. J. We concur. Fitzgerald, C.-J. f ' Norcross, J. . ' r 1 t : 1 un-i-T ' C'ic: Vt." 1 r ? . hv ex'T-uft first, bond rad accepting a new one vistead, at !he time he borrowed i the last an-- unt. ?600, Bernard tii I not sign any writing agreeing1 JtO pay or acknowladging. a debt, and that therefore the obligation to pay on his part was merely verbal and would be- barred tin four years. We do not so view that transaction. Most instrument in daily use, such as deeds mortgages, notes, orders, drafts anl checks are signed by only one of the pantes,but are not tor that reason verbal nor half verbal. Although Ber nard executed no note or writing agreeing to pay any money, he signal a deed absolute 'in. terms conveying the property to.nlainuff,and l,y' thi suit and the decree no mere s sought j tcr postage. Now ready. Free book be under his signature obligated I l'"r "ourselt The Columbia: House, j in Tell to yield. In equity the ex U"i i of the time for a reconvey an'v. Dy plaint iff, given by the sur rende of the first bond and the ex- . ecuiion of . . new one ,qu, , to, Je considered as effective as it plalnt- The complete story of the Great San Fraacisco Earthquake, written by eye witnesses, complete set of actual photograuha, bg book, best terms, big money, agent are taking from 15 to 40 orders a day. Credit given, freight aid." Complete outfit free, six cents Chicago.. : Anything, you want . In. the way of r'co pastry? Leave your order at RICHARSON'S . Over the Scenic Line of the Worlc If you are going East and want tc save money, yet travel with pleasurf and comfort, it will pay you to inves tigate cur personally conducted Tour ist Excursions. These parties are 1e charge of a Manager who accompanies the cars through to St. Louis, Chicago and 'he Atlantic Coa3t, and gives his personal attention to the welfare ol each passenger in his charge. The schedules are arranged so as to pass through the world-famed scenery or the Denver and Rio rande Railwaj by daylight. Open-top observatlot car3 (something' entirely new) are free to all passengers. Let us know where you are going and we will be glad to give you full Information about your trip, the lowest rates of tare, and send you free of charge some beauti fully illustrated books of travel. W. J. SHOTWBSLL, . General Agent Denver and Rk Grand 525 Market Street, San Francisco. Ca Pound to Open The City Marshal has received or pound all loose stock found on the streets of this city, h From this date the Marshal will follow' the aw to the letter and all stock found noon ;tho streets will be empounded ; and re main there untlf the owners pay the damages. COUNTY CLAIMS Claims allowed by the County Com missioners for the month of May, 1906, for Ormsby county. J. P. Woodbury, salary $25 10 Ed. Regan, salary 25 00 James Easton, salary 25 00 Wni. Kinney, salary 25t uo H. B. Van Etten, salary 150 00 H. Dieterich, salary 120 00 E. E. Roberts, salary 100 10 G. N. Folsom, salary fiO 00 A. D. Grant, salary 50 00 John Savage, janitor 60 K John McGillis, salary SO K) Chad. V. R. von Radesky, salary 50 00 J. E. Mack, salary 5 v'O Carson Water Co., water 12 00 W. U. Tei Co. rent clock 1 oo H. R. Mighels, county printing 40 oo Carson Gas Co., gas 1 SO Sunset T. T. Co. phone 1 50 A. J. Miilard, plumbing p I y 15 Meyers Merc. Co., mdse p f ...71 - H. C. Cattlemann, grain p t. 7 t'.'j R. Crow, blksmith p i 4 oo Otto T. Schulz, meat p f 14 05 John W. Wiggins, hay p f 10 w Ed. Burlington, shoes p f........8 50 Rasmus Peterson, road work. ..3C0 A. P. Dority. road work ........ 13 50 Emil Herring, road work "J 00 Chris Johnson, road work.., ...13 W Alex Shearer, road worK 24 00 Job Smith, road work .15 00 Chris Johnson, road work 18 00 Jas. Ixjgan, dep. sheriff ...6 00 Meyers Merc. Co., mdse ; 1 S. N. W. & L. Co lumber 5 U Joe Rochon, meals co. jail .....2 50 H.-B. Van Etten, cash. adv. ..,2 00 D. .-E. Morton, cement work ...141 0 E. J. Walsh, mdse 22 45 E. J. Walsh, hoopes ...7 03 F. L. Winter, sawing wood ....6 38 E. J. Walsh, mdse "Lundberg" ..8 40 Lend B. Schulz, school census. . .5 00 T. A. ; Smalll. blacksmithing . ..-3 f-0 Of the Prudential Investment and Se curity Company. Location of prinl.:-.: place of busi ness, Carson City, Nevada. Notice is hereby given that at a meeting of the Board of Directors held at the office of the comapny at No. 16, N. Carson street, Carson City, Nevada, held an the 7th day of April, 1906 an assess ment (No. 2) of ten dollars per share was levied upon the capital stock of the corporation, payable to the Sec retary on or before Tuesday the 8th day of May, 1906, at the office of the company at 116 N. Carson street, in Carson City, Nevada or at tne execu tive of the company at Room 742. ia the James Flood building in the City and County of San Francisco. Sure of California. Any stocl: upon wnicn this assessment shall remain unpaid on. v Saturday the 1?th day of May, 1906 will be delinquent and advertised for sale at public sqciIou; and unless . yment is made e!ore, ri!l be sold on Thursday the ..n aay ot Jiint. 1S06. to pay the delinquent assessment together with costs of advertising and expenses of sale. By order of the Board of Directors CHAS. WILSON. Sect. Principal office. No. 11 R, X. Carson street, Carson City. Nevada. Executive office. No. 742, James Flood baildine, San Francisco,.. Cal. : O-O Of The New Amsterdam Casualty Co Of New York City, New York. Capital (paid up) 5314,400 00 Assets 900,631 82 Liabilities, exclusive of capi tal and net surplus 481,208 73 Income Premiums 596,12) 21 Other sources 24,591 34 Total income. 1904 620,711 Mi Expenditures Losses . . . 4. - 220,936 01 Dividends none Other expenditures " 336,090 31 Total expenditures, 1905 .. 557,062 57 Nevada Business None GEO. TAYLOR. Secretary. o-o ANNUAL STATEMENT 8,22S,533 C4 . 2,792,221 SO 11,020,755 M ANNUAL STATEMENT Of The Union Central Life Insurance Co., Of Cincinnati, Ohio. Capital (paid up) I 100,000 00 Assets 49,749,610 43 Liabilities, exclusive of capi tal and-cet surplus ... 41,284,849 37 Income Premiums Other sources ...... Total income. 1905 Expenditures Losses 2,080,568 S3 Dividends 691JS76 99 Other expenditures ... 2,591,006 03 Total expennitures, ,1905 5,363,511 ) Business, 1905 Risks written 40,987,1 r0 lit 1U1U1113 LUttVUll Losses incurred 1.0b1;, 133 "0 Nevada Business Risks written J IV'OO C 1 ItTUllllUl 1.V-1V-IA ..... Losses incurred none Losses paid none E. P. MARSHALL, Secretary. Of the Pacific. Mutual Life Insurance Company of California., 508 Mont gomery Street, San Francisco, Cal. Capital paid up $ 500.onn 00 Assets 8.569.223 28 Liabilities, exclusive of capi tal and net surplus . . 7,959,049 30 Income Premiums 2,956.678 5 Other sources 370,578 07 Total income 1905 3,327,256 32 Expenditures ; Losses 680.929 05 Dividends 2-44,343 IS Othe rexpenditures ... 1,483,208 :i Total expenditures 1905 2.408.481 5 Business 190S f Risks written 178,665,940,00 Premiums received ... 1,371.773 74 Losses incurred 740.732 90 Nevada Busmesa ' ' Risks written zu.225 uc Premiums received ... S.425 7 Losses paid 4.C4S U Losses Incurred 4,643 iJ CICaJLRO J. UISR, AssL Sec. EXCURSION RATES EAST . a. Ma. i hpniemucr olii rna slm. sdcu a i u round trip rates will be in effect to ai t i in iris i in s .iiiti mr in iii.iiim i.i MtoaiDciinnl utrop . hll ll Chicago i... 7: For. particulars see any , Agent, aaaress, o. xauoah P. Reno. Nevada. P. A, Reno. Nevada. 1 D. T. ft P. 4- Reno. Nevada - -o-o- e