RED WILLOW COUNTY DISTRICT COURT RECORDS VOLUME 33


1. Continued from Volume 32 ;Farmers State Bank of Seward County plaintiff Vs Frank E Poore, Nora V Poore his wife, Noah G Reisher and Laura Reisher, his wife defendants .Motion to Vacate Decree of Confirmation and decree awarding Deficiency Judgment filed Aug. 23, 1923,

pages 1-4

2. Charles E Williams, an incompetent person by frank M Colfer, his next friend plaintiff Vs Samuel A Moore and Antonette Moore his wife, Walter L Smith , Guardian of Charles E Williams, and incompetent person, George Q Durtin, James W Barber and Morris Starrett defendants filed Dec., 1922. Charles E Williams signed the title after he was declared incompetent. So it should be Quieted and confirmed to Charles E Williams. Request for stay . pages 4-25

3. Red Willow Equity Exchange plaintiff Vs Ed A Rinck defendant filed Aug. 4, 1923. judgment on 3 counts of action . judgment for the plaintiff pages 25-29

4. Mabel M Tuttle plaintiff Vs George H Tuttle defendant filed Oct. 25, 1924, divorce , Married Sept. 15, 1908, Lancaster County, Nebraska, Issue of marriage Earl Tuttle born Sept. 19, 1910.

non support, willfully deserted her, she wants divorce and alimony , court costs. custody of minor child. divorce , alimony custody granted pages 29-34

5. C E Long plaintiff Vs Moritz Kramer also known as Morris Krammer and as M Kramer, Mollie Kramer his wife, Jeannette McDivitt , C F Dann , and the Citizens State Bank of McCook, NE defendants filed Aug. 13, 1921. plaintiff wants judgment for building material if not paid wants to foreclose on premises. the defendant died with debts and ordered to sell Real Estate to pay them, the sale didn't bring in enough money so it wasn't confirmed had another sale and paid bills pages 34-95

6. Van E Peterson , receiver of Citizen State Bank of McCook plaintiff Vs McCook Brick Company defendants filed Sept. 6, 1924. Judgment against the defendants, granted pages 96-98

7. Kate Thomas plaintiff Vs J W Gamill, Jessie Gammill; Joseph V Harrison, Bridget A Harrison Daniel Harrison and Mary Harrison defendants filed Nov. 15, 1924. foreclose on Real Estate , if not paid in 20 days ordered to sell and pay mortgage pages 98-102

8. In the Matter of the Estate of John F Helm, incompetent and insane . filed Dec. 24. 1924 by Elizabeth Helm for license to sell Real estate . given permission to borrow money to pay debts for a period of 5 years. with a first lien on Real estate. 102-106

9. State of Nebraska plaintiff Vs Geprge Wray defendant filed March 255, 1925 transcript, stole corn from James Bailey value of $53.00 pleaded guilty and sent to prison for 1-3 at hard labor pages 106-109

10. State of Nebraska plaintiff Vs James Mitchell defendant filed Jan. 10, 1925 transcript, committed adultery with one Laura Taylor , he was a married man then married to one Myrtle Mitchell, first offense suspended the sentence and given parole for 1 year. pages 109-112

11. L C Clifton plaintiff Vs Margaret Rebecca Downing, formerly Margaret Rebecca Lawrence, in person and as administratrix of the estate of Charles G Lawrence , deceased, Leroy Lawrence, and Charles Lawrence, and all persons interested in the estate of Charles C Lawrence, deceased filed April 4, 1925. to turn over the title to the owner pages 112-116

12. Roy Smith, Stella Hayworth, and Ida M Young plaintiff Vs Ida F Smith Sheppard, and William George Sheppard defendants filed Feb. 6, 1925 foreclose mortgage. has 20 days to pay mortgage or sell Real Estate and pay mortgage pages 116-119

13. Charles E Peterson plaintiff Vs Gottlieb Unger and Minnie Unger, John Doe and Mary Doe defendants filed Feb. 11, 1925. foreclose mortgage, have 20 days to pay mortgage or sell Real Estate to pay mortgage pages 119-123

14. Patrick Walsh plaintiff Vs Arley L Macy , and Hattie May Macy , his wife, defendants filed March 26, 1925. foreclosure , has 6 months to pay the mortgage or sell and pay mortgage pages 123-129

15. Sioux City Fair Booking Offices plaintiff Vs Western Vaudeville Mangers Association defendants filed Oct. 7, 1924. Judgment against the defendants, filed an Affidavit for Attachment and Garnishment. found for the plaintiff pages 129-134

16. The State of Nebraska ex rel C s Spillman , Attorney General plaintiff Vs Citizens State Bank of McCook, NE defendant filed July 25, 1923. The plaintiff prays that the defendant bank be decreed to be insolvent and unauthorized to further continue as a going concern bank, unless so ordered by the court. the closing of the Citizen State Bank of McCook , NE pages 135-301

for balance of case see complete record of Volume 33, pages 619-639

17. State of Nebraska plaintiff Vs James Hewett defendant filed Nov. 11, 1925 transcript , had in his possession a still for making intoxicating liquor. fined a $1000.00 and jailed in county jail for 30 days pages 302-305

18. State of Nebraska plaintiff Vs George Poulos and Edward Preston Hill defendants filed May 21, 1925. broke into the store of Willard B Mills and stole guns and ammo. worth $ 81.00

pleaded guilty George is 19 and sentenced to prison for 1-3 years and Edward is 17 and he is sent to Kearney boys Industrial School until he is 21 pages 305-309

19. State of Nebraska plaintiff Vs Fred Wolfe defendant filed June 26, 1925 transcript, had in his possession and did maintain a still. found he has a wife and 3 children that depends on him for support so he was sent to Red Willow County, Work House for 30 days and fined $ 750.00 pages 309-313

20. Nellie Partridge plaintiff Vs Jerry Partridge defendant filed Nov. 20, 1924 divorce , Married Sept. 1, 1923 at Oberlin, Kansas. extreme cruelty , non support wants divorce and maiden name of Nellie Mitchell restored and reasonable alimony. divorce granted pages 313-315

21. Charles W Poore plaintiff Vs Harry S Moore, and Mrs. Harry S Moore ,his wife, Samuel W Moore, and Mrs. Samuel W Moore, his wife, Jennie C Ritter, Mr Ritter , her husband, ; Stratton W Moore, and Mrs. Stratton W Moore, his wife, Emoch H Moore and Mrs. Enoch H Moore, his wife, Isaac Whildon Moore and Mrs. Isaac Whildon Moore, his wife, The Globe investment Co. and all persons having any claim in Real Estate defendants filed April 15, 1925. that he be adjudged to be the owner in fee simple of the said Real Estate. granted pages 316-321

22. Harry R Hudsonpillar plaintiff Vs Mrs. Lina Hall and all persons having or claiming any interest in said Real Estate defendants filed April 18, 1925 the plaintiff is the owner in simple fee of the said real estate pages 321-326

23. In the matter of the Application of John Cordeal , administrator of the estate of Hannah M Schamel deceased, for license to mortgage real estate. filed Jan. 9, 1925 to pay the debts of the estate. granted license to mortgage enough real estate to pay debts and expenses pages 327-330

24. The State of Nebraska Ex Rel. C S Spillman , attorney General plaintiff Vs Farmers State Bank of Bartley , Nebraska filed May 2, 1924. the plaintiff prays that the defendant bank be decreed to be insolvent and unauthorized to further to continue as a going concern. to close the Farmers State Bank of Bartley pages 330-428 balance of record see complete record Volume 34 page 330

25. State of Nebraska plaintiff Vs Alfred F Olson defendant filed March 23, 1925 transcript, had in his possession intoxicating liquor. fined $ 100.00 and cost pages 428-430

26. State if Nebraska plaintiff Vs Walter Martin defendant filed June 18, 1925 , transcript, had in his possession intoxicating liquor this being the third time for the same offense. sent to prison for 6 months to 1 year at hard labor pages 431-434

27. State of Nebraska plaintiff Vs Hubert Wells defendant filed July 24, 1925 . alteration of check . jury found him guilty as charged, sent to prison for 4 years at hard labor. pages 435-440

28. Daniel Raymond Quigley and Ivan H Quigley plaintiff Vs George J Tillotson, Paul S Seeley, Affa C Seeley and all persons having or claiming any interest in the said real estate filed July , 29, 1925 that the note given to the defendant be canceled , granted pages 440-445

29. State of Nebraska plaintiff Vs Cleo Davis defendant filed August 15, 1925 .transcript, did steal 70 bushels of wheat from Jacob Degele , value $95.00. pleaded guilty, sent to prison for one year pages 446-449

30. State of Nebraska plaintiff Vs James Coleman defendant filed Sept. 14, 1925. forged and counterfeited a certain check . James is age 17 so was sent to Industrial School at Kearney for boys until age 21. pages 449-453

31. Robert E George plaintiff Vs Martha A Watson , a widow, Paul H Hohn, John S Reed, Miss S E Bailey defendants filed Feb. . 26, 1925 purchased lots at a tax sale . to recover the amount paid for taxes and the costs . to foreclose on lots for taxes, the defendants have 20 days to pay the plaintiff . pages 453-458

32. Rosalie V Hart plaintiff Vs John W Hart, and Hester Beckley Hart, his wife, Sterling P Hart, and Nola Fletcher Hart, his wife, Albert A Hart and Grace Post Hart his wife, and M Lillian Hart. defendants filed Dec. 30. 1924 The plaintiff wants an accounting on what is due her according to the will of Sterling P Hart deceased. sold the Real Estate to pay the plaintiff her share from the will of Sterling P Hart , deceased. pages 458-463

33. Goldie Sailors plaintiff Vs Charles A Sailors defendant filed Feb. 27, 1925, divorce married Nov. 27, 1915 at McCook, NE . issue of marriage are Eileen Roberta Sailors age 7, and Virginia sailors age 4, the defendant is addicted to intoxicating liquor, non support, wants divorce, alimony , support for her and children and custody of the children, granted pages 463-465

34. Van E Peterson , receiver for the Citizen State Bank of McCook, NE plaintiff Vs J W Sines defendant filed march 28, 1925 judgment on note, for the plaintiff for payment of note and interest pages 465-468

35. The Nebraska Building and Loan Association plaintiff Vs Ruby E Owens, E R Owens, The Farmers and Merchants State Bank of McCook, and Bullard Lumber Company defendants filed Jan. 31, 1925. foreclose on mortgage, judgment for the plaintiff unless they pay the mortgage the real estate will be sold and pay the mortgages. Confirmation of sale . pages 469-477

36. O T Kelley plaintiff Vs J W Shreve; and all persons having or claiming any interest in the said real estate filed March 9, 1925, plaintiff prays he may be adjudged the owner in fee simple of said real estate. found for the plaintiff pages 478-483

37. In the Matter of the Estate of Nicholas J Portz deceased filed March 28, 1925. a license to sell real estate to pay the debts and expenses of the estate. granted pages 484-488

38. In the Matter of the Estate of Jacob Gherring filed May 16, 1925 for license to sell real estate to pay debts. granted pages 488-494

39, In the Matter of the estate of Francis M Austin deceased filed July 11, 1925 for license to Mortgage Real Estate . request was protested by sisters of Charles Austin, so court denied. -pages 494-498

40. Charles F Lehn plaintiff Vs Wilhelm Hinz, Emilie Hinz, Laura Hinz, Anna M Holmstrom, George Holmstrom, Peter Haegen,and Conrad Schaefer defendants filed March 17, 1925. foreclose on mortgage. ordered sell of premises to pay mortgage pages 498-506

41. August Nothnagel plaintiff Vs Pete LeDou defendant filed May 29, 1925. the defendant beat, bruise, wound and Ill treat, upon and over his face and head. plaintiff wants judgment for pain and suffering and Dr. bills. jury found for the plaintiff pages 506-510

42. State of Nebraska plaintiff Vs Earl Townsend defendant filed Sept. 14, 1925 . Continued from Volume 32 pages 616-623 second trial; the jury could not reach a verdict ,so they were dismissed and the defendant discharged pages 510-512

43. Grover Doyle plaintiff Vs Edward G Craig , and Mrs. Edward G Craig , his wife, J L Columbia , and Mrs J L Columbia , his wife, P O Drury, All persons having or claiming to have an interest in said real estate filed July 22, 1925. plaintiff prays he may be adjudged to be the owner by fee simple of the real estate. Granted pages 512-517

44. William George Sheppard plaintiff Vs Jessie A Hardy and A J Hardy her husband, First and full name unknown filed Feb. 2, 1925. the plaintiff and defendant was once married then divorced the plaintiff became seriously Ill and doesn't remember signing over the property to her while they were still married. he wants a clear title to the said real state, judgment for the defendant and the plaintiff is to get all personal property including the piano. pages 518-528

45. James Weldon plaintiff Vs Chicago, Burlington and Quincy Rail Road Company defendants filed March 21, 1925. while waiting to catch the train to Denver, Colorado, one James Lynch a Rail road employee did beat, bruise and cut the plaintiff and knocked him unconscious he wants judgment for the Assault. jury found for the plaintiff in Verdict # 1 pages 529-537

46. Joseph E Helms plaintiff Vs Charles D Noble and Jacob C Frank defendants filed May 18, 1925. Petition for a restraining order and an Injunction . denied restraining order, pages 538-540

47. In the Matter of James Coleman a dependent, neglected, and delinquent child filed August 8, 1925. he is 16 and his father is dead his mother remarried and he doesn't know where she is he has been on his own for over a year and now a homeless child . he was employed by one Nelson Barrett whom he forged a check on. see case # 4446 pages 449-453 of this volume . pages 541-542

48. In the matter of the Application of F G Stilgebouer, Guardian of the estate of Ethelyn M Barber and Kenneth D Barber, minors for leave to sell real estate filed July 18, 1925. granted pages 542-546

49. State of Nebraska plaintiff Vs Leon A Clark defendant filed Jan. 10, 1925 transcript, made an assault on one Ted Pate age 19, 2 juries found him guilty of sodomy took it to the Supreme Court. and has obtained a writ of error and an order for Bail . pages 546-561

50. Seward Flanagin plaintiff Vs William P Rambeaux, Ruby F Rambeaux, N E Walkington , Perry Lumber CO. of Bartley NE. Farmers State Bank of Bartley NE. George W Lawless, Jade W Arbogast, Neal Hodgkin, and Jake Crainger defendants filed March 12, 1924. foreclosure of mortgages. for the plaintiff the defendants have 20 days to pay the judgment then they will be ordered to sell real estate and pay the judgment pages 562-577

51. J W Nutt, the administrator of the estate of Gertrude Adelia Thomas, deceased, Plaintiff Vs Ralph C Boyer, Oscar C Thomas, Roy W Thomas, Oliver S Thomas, and Larue P Thomas , and all persons interested in the estate of Gertrude Adelia Thomas defendants filed Sept. 15, 1923. plaintiff bought the real estate from Gertrude Thomas and made payments but she never gave him a title. ordered to issue a title to Ralph C Boyer to the real estate . pages 577-581

52. Nina V Pate Plaintiff Vs Milo A Pate defendant filed June 8, 1923 divorce Married June 18, 1902 at McCook, Nebraska, issue of marriage Harold Pate, age 17, and Redford Pate age 11, they are living with plaintiff, charges extreme Cruelty and willfully deserted them. she wants divorce, custody and support for her and children . issued him a summons , pages 581-583

53. Alice Foster Plaintiff Vs John Boyer defendant filed April 8, 1925 transcript. complaint , she is an unmarried woman and pregnant with the defendants child. pleaded guilty and he had to give her money and 3 horses. he didn't do as told so was ordered to court again and was to pay a sum of money . pages 583-587 see page 695 for balance of record

54. Emaline Nelson plaintiff Vs George Wilson and Genevieve Nelson his wife, William J Bagan and Margurite Bagan his wife, Doris E Lowley ,and Steve Lowley her husband, and the Citizen State Bank of McCook, NE defendant filed April 25, 1923. foreclose on mortgages. . granted and ordered sale of real estate. pages 587-597

55. William S Burnett plaintiff Vs Ira S Dinnell defendant filed April 7, 1924 transcript. case # 1574. plaintiff wants his car back, Jury found for the plaintiff pages 597-606

56. R S Thomas plaintiff Vs Mollie Ann Stephens, Albert M Stephens , J E Kelley Trustee for the estate of Albert M Stephens, a bankrupt , Archie B Thornton, J I Case Thrashing Machine Co. defendants filed May 22, 1924. foreclose of mortgage and taxes he had paid. granted sold Real Estate pages 607-618

57. continued from page 301 of this volume on closing of Bank pages 619-639

58. In the Matter of Helen Foskett, Howard Foskett, and Louise Foskett, dependent , Neglected, and delinquent children . that Harry Foskett is the father , Helen age 9, Howard age 8, and Louise age 7, that the father is destitute, and does not provided for them or have proper care over them. Helen has a spinal disorder and needs medical attention. children are in the custody of L R Wammich and have been for the past 6 months. they were ordered to continue with present arrangements pages 639-640

59. Verle Tourtelotte , a minor by Harold Tourtelotte his guardian and next friend Vs The board of education and the superintendent of schools of the City of McCook. School denied him privileges of going to school unless he paid tuition. injunction was issued against the school. pages 640-644

60. Florence V Wilcox plaintiff Vs Harry J Wilcox defendant filed August 9, 1921 divorce married July 29, 1920 at Oberlin, Kansas. issue of marriage Harry Wilcox born April 29,, 1921, non support and extreme Cruelty , wants divorce , custody , and alimony. granted pages 644-646

61. Darrell Lytle plaintiff Vs McCook Electric Company defendant filed August 12, 1922. was swimming in river and came in contact with electric wires and was shocked by heavy current which left him incapable of doing manual labor. jury found for the plaintiff pages 646-652

62. S E Ingram plaintiff Vs F J Farrell defendant filed Sept. 4, 1925. judgment from the defendant on note. found for the plaintiff pages 653-654

63. Francis E Dike plaintiff Vs Mattie Christoph, John Cristoph, The heirs, devisees, legatees, personal representatives in the Estate of John D Newton, Deceased, real names unknown ; Susan M Farley, John Jarley and all persons having or claiming any interest in said real estate. defendants filed May 8, 1925. that the plaintiff is the true owner of Real Estate and has the title . that the defendants have no right or lien on said premises pages 654-659

64. The McCook Co-operative Building and Saving Association plaintiff Vs Harry E Kammerlohr and Adeline his wife , and W M Somerville defendants filed Oct., 15, 1925. to foreclose on mortgage. to pay mortgage or sell property to pay debt. pages 659-666

65. Nina V Pate plaintiff Vs Modern Woodsmen of America defendant filed Sept. 29, 1925.

he had insurance Theodore Pate when he died but they neglected to pay and rejected the death claim. court found for the plaintiff pages 666-680

66. Harvey A Hamilton plaintiff Vs Hilda G Hamilton defendant filed Jan 3, 1925 divorce married Oct. 25, 1918 in London, England. willfully deserted him no issues of marriage, he wants divorce. granted pages 680-683

67. Nellie Childers plaintiff Vs Hiram Childers defendant filed January 12, 1925 divorce married August 10, 1916 at Norton , Kansas. issue of marriage are Wilber C Childers age 8 and Frances D Childers daughter age 3. non support and willfully deserted them . wants a divorce, custody of children and support for children and alimony , court costs. granted pages 683-687

68. The State Saving and Loan Association of Beatrice, Nebraska plaintiff Vs Marie Ford defendant filed Nov. 20, 1924. foreclose mortgage and insurance paid by plaintiff. has 20 days to pay mortgage then ordered to sell and pay mortgage pages 687-691

69. State of Nebraska plaintiff Vs James Reazak defendant filed Feb. 6, 1926 transcript. had in his possession intoxicating liquor. pleaded guilty, sentenced him to prison for 6 months at hard labor, the sentence was vacated . pages 691-695 for balance see page 701 of this volume

70. John Fahrenbruck plaintiff Vs Rose Fahrenbruck defendant filed May 21, 1925 divorce married March 14, 1913 at McCook, Nebraska, a divorce was granted June 1921, the Defendant was married July 13, 1921 to Elmer Fisher at Wray Colorado. before divorce was final. on Dec. . 10, 1921 she had marriage to Elmer Fisher annulled . she returned to the plaintiff and lived with him until Jan. 15, 1923 when she willfully deserted the plaintiff, he wants a divorce . granted pages 697-700

71. Charles Peterson plaintiff Vs Gottlieb Unger defendant Continued from page 123 of this record . pages 701-702