The Algona Upper Des Moines from Algona, Iowa on December 15, 1897 · Page 1
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The Algona Upper Des Moines from Algona, Iowa · Page 1

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Algona, Iowa
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Wednesday, December 15, 1897
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VOL. XXXII-NO. 39. ALGONA, IOWA, WEDNESDAY, DECEMBER 15, 1897. ESTABLISHED 1865. We want Your THE LUND CASES ON TRIAL THE TESTIMONY IS VOLUMINOUS. Chi istmas Trade. One Important QxieBtion is or Not Lund Was Atteiit lor Uu88—Court Notes. We will give inducements to get it Call on us and we will prove to you that there is no place in Algona where you can buy fancy China, glassware, plain and decorated ware, chamber sets and lamps as cheap as you can of M. Z. Grove & Son. 102 E. State St. TELEPHONE 19. The reading of the testimony in the Russ-Lund cases began before Judge Thomas Tuesday morning of last week. It was concluded Monday noon. Nenr- lv all of Monday afternoon was occupied by Geo. E. Clarke's opening argument to sustain the title of RUBS. He was followed by Thos. D. Healey o Fort Dodge, and J. W. Sull van o Algona in behalf of the holders of tho land and by C. A. Dudley of Des Moines, who represented the Iowa Loan & Trust company in the Kellai case Following is a brief statement of facts in each of tho eight cases: in 1891 Lund made for Russ n contract of sale of the n hf ot nw of 81-00. 87 to Geo Lister. Lister moved on _ tho land In 1893 and improved it. Ho assigned tho eon tt net ioEtnmaH. and W. J. Hugor, who have kept up taxes and interest BUM says i ho know nothing of tho contract and that Lund hud no authority to mnUe It. 3. In 1892 Lund made a contract for land to one Thoo. Simpson, which Kuss ratined The name Simpson was not genuine. Luticl made a bogus deed to this bogus Simpson hi 1895 and then made a bogus mortgage In Simpson's name to Theo. Chrisclill os for •1,000. Mr. ChrlschUles attempts to BUS- ta 11 his mortgage as binding on Uuss. 8. In 1800 Lund made a valid con ti act with John Kollar for the so o 2-W, 27, for day. He has been holding court for U tJ V > AAO IJlfcvJ vw«" .. — - f . JndgeThomfts Ht Spencer. The grand jury Is dismissed. THINGS TO REMEMBER. Lyceum Saturday evening. Hay is worth $3.50 R ton pressed. Santa Glaus Is at Robinson's also. Bishop Fowler on Lincoln, Jan. 8. Galbrnith has a handsome lot of rugs. Supper at Congregational church to- A practical demonstration iti If you are looking after a.... SloVoTinore jit" any Tegular interest «».«. Keller borrowed $4,500 of tho Iowa Loun & Trust eompany on tho land, »«* a"™^ fflSSu^^"^^"^ the contract, but denies that ho is j^B 01 "' ^%FK'^^£^ John Govern Govern made a the . contract with of 8-00, -7. Govern for the no or J-uo, -'. •n paid $865 in September 1801, and ril gave Lund a mortgage for *i,ouu in nvment. Russ denies the contract. .. iu(n r.,i,,,i made a contract with Take a look at our RUGS. All sizes and qualities. G. L. Galbraith & Co. . In 1891 Lund made a contract Casper Edvenson for the s hf nw of , 27 for $1440 Edvenson sold the contract to Emma H Hager, and in 1895 the Hagers paid Lund 9680 on it, and gave a note and mortgage £01- tho balance payable to T F. Anderson. At this time they got a deed stoned bv Thos. T. Winters, to whom Lund ha B d forged a deed from RUSB. Afterwards the Halers made a new mortgage to Lund for $500, and this he sold to Mrs L. K Beuham. Russ denies the contract. 0. In 1891 Lund made a validI eonti act with Andrew Cosgrove for the « " n w f- 9 ?' 27 for $715.80. It was to bo due Jan. 1, 1900 In 1805 Cosgrove got a bogus deed from Magma Carlson, to vvliom Lund had given a bogus deed from Russ, and gave Lund his note for 81,000, Lund paying him 8225 back, the difference between the amount duo and tho face of the note. Russ soys Lund had no authority to receive the money, and tliat Cosgrove must pay in accordance with the terms of the contract. GosCTOve says it was his understanding that Lund was taking WB note for Russ 7. In 1891 Lund made a valid contract withO W Killer for a bunch of land 101 81 875? payable in February, 1900. Wm Bleicn bought this contract of, morrow evening. The clock at Sheetz' will be set go- Ing at 9 o'clock Friday. Hamilton's hard wood lumber yard is headquarters for wood these flays. Goedors is headquarters for cloaks at cost. Now is the lime to buy and save money. Dinner will be served at Grange hall on Tuesday, at 15 cents by the Methodist ladies. Doxsee's now nlcklo goods are useful and ornamental. Ho has a tea kettle and oat meal cooker combined. The ladies of the Baptist church will serve a chicken pie dinner, Saturday noon in a building opposite the post- office, at 15 cents. Mrs E A. D. Blair's temperance chalk talk at Congregational church next Sunday evening. All are invited, especially the school children. Down at Boono they bid up land at the tax sale to " a duo docilUonth of tin acre "They figure out that that would be about the size of a pin head. Durdall gives the ladies some pointers this week on what to got for the men for Christmas. He furnishes a list of things that any man would do- light in. The Iowa railways are going to sell 1 000 mile tickets at 2 cents a mile after Jan. 1, and are going to refuse to carry passengers on freight trains. This is the report. Kraft will celebrate the holidays with a groat clearing sale till Jan. 1. At the prices ho names everybody can bo warmly clothed and have money enough left to fat Santa Glaus. J C Anderson says the cash system is a success. He says location is something, but prices are what bring trade. Ho quotes prices every week and It pays our readers to watch his space. The program at the W. L. A. S. Friday, Dec. 17, is a paper on Dutch customs and characteristics by Mrs. U A. Kara. Discussion-What would you do for Algona, if you had money and influence, Mrs. Cowles, Mrs. Garfiold. The Art of Cooking. At Our Store, Friday and Saturday, Dec. 17-18. $ You are invited to call. Langdon & Hudson. TELEPHONE NO. IB. CASH GROCERY. We have another lot of those California canned goods to selllit ID cents Peaches, apricots, green gages, egg plums, etc. «. guuu table syrup at 2$c a gallon. New Orleans molasses 30C a ganon. Maple Syrup 8$c a gallon. We deliver grain, and hay (in bales) to any part of the city. J. C, ANDERSON. XDo -wstxrt a ..... FARM. AND HOM WHERE you «u engage in diversiSed farmin e and no. be depend £« SSS l ,,eaU h , sr- WHERE stock raisi , streams and lakes? WHEBE you will have a ready and dairy products . * 8QO per acre , on ten t If you do, the Northern Pacific Railway Co.^ ^ Eastern Land Agt. N. P. Ry., St. Paul, Minn. W H. PHIPPS, Land Commissioner. ,- i R, Co local sales solicitors, Or apply to Dingley, Cooke & Co., Algonai Ipwa . meicn DUUKUII uuo uum»«»«v --• in 1893 borrowed C1.800 of J. W. and gave it to W. P. Jones, who paid Lund and got a deed to Bloich from Jus. Hill to whom Lund had forged a deed from Russ. R£SS claims that his Payment to Lund is not binding on him, and that Bleieh must ^ 0 L V u e nd a ou in A P riU, 1804, made a bogus deed to the e hf 37-90, 37, to Wm Britton He then made a bogus deed from Britton to J J Ryan, Rvan deeded to Lund and Lund made fa $2>° mortgage to Wm. H. Ingham who sold it to Anna S. Paton. On tho 10th day of April, 1894. Lund reported a vaWd contract to Wm. Britton, who paid 8500 Mrs Paton claims that on account of this contract her mortgage is good. RUBS claims teat this contract was never a'p e £ « nd ^f" livered to Britton, and that the 8500 naid was forfeitable and that Britton acquired no title. The defendants claim that Britton paid in 1895 81,030 more on this contract, and that it was sent to RUSB, and that Britton' a title is good, and that tho Paton mortgage is consequently good. It will be seen from this brief statement that the question in each case was Lund's real authority as Russ agent. If he had full authority as Jeneral agent, could do what Russ himself could if he were present, then his contracts and receipts of money were binding on Russ. The mass of testimony was taken on the one issue, and the law of agency was exhaustively argued. All of Lund's letters to Russ and RUBS' replies were read to show what were the real relations existing. Mr. Clarke argued that there was nothing to show that Lund had any but special authority to do certain special things, and that beyond those things ho was acting on bis own responsibility. The opposing council argued that the correspondence, the actions of RUBS and the general understanding of the community warranted everybody in be- nzine that Lund had full authority as Buss' general agent, and that therefore Russ was bound by all his acts. Mr. Clarke begun his closln e argument this morning. Judge Thomas will probably decide the cases at once. CRIMINAL, CASE*. "Reddy" Rand, who stabbed Col. Sessions' dog and who was bound over For Btabbing another, will be tried for "maliciously maiming a domestic ani- Rev F E. Day will preach at tho Methodist church next Sunday morn- ins on "The present incarnation. in the evening Rev. W. S. Lewis, D. D., president of Morning Side college, Sioux City, will preach. All are welcome. •*• E G Bowyer celebrates his 20th anniversary in Algona with tho biggest and best holiday stock ho has ever hud Bowyer always sells good goods, ana quality is the thing in his lino. His store Is open every day now to purchasers of Christmas gifts. The holiday opening at the Dingley &Pugh and Enters & Falkenbamor stores was a great success. The room was beautifully decorated with over- green and holly, the latter secured in Minneapolis. The Harp orchestra Sayed beautifully. Walter Stebbins gave out souvenirs to the ladies, and everybody inspected a very fine holiday display. Mrs! Dlngley and Geo. Bailey assisted in showing goods. By request, Rev. Sinclair will preach next Sabbath morning from the text Tnhn 13- 12—"For whosoever hath, to Mm shall be given, and he shall have abundance, but whosoever hath not, from him shall be taken away even that which he hath." In the evening Mrs. Blair, tho national W. C. T. U. chalk talker, who comes under the auspices of the local society, will address the congregation. Special music will be furnished. _______ HAVILAND CHINA i* •« FOB THE.... Excursion Tickets to Cedar Rapids, via the Northwestern line, will be sold at reduced rates, Dee. 13-14, limitedt to Dee. 15, on account of annual moet »$' Princes of Iran. Apply to agents Chicago & Northwestern By. In order to comply with the growing demand for plain white and hand-painted China, we have purchased a larger stock than ever of these goods, and feel better prepared than ever before to furnish you with anything you may desire in this line. If you don't see what you want in stock, ask for it; we can get it for you on short notice. Hoping to have a chance to at least show you these goods, we remain, yours truly, WALKER BROS. During the present month I will make a special CUT ON ROBES of all kinds, I have a big assortment to select from, so come early and get a good bargain. Montana Buffalo Robe, Black and Bed Galloway, Grey and Black Goat tt. p. HA.GQAIU). .Haggard & Peek, [Successors to Jones &Smltb.l Abstracts, ^^^»PB f~mi~^^—- • One Hundred Dollars— flections, is ottered to aw Person who can duplicate the (jane CIGAR FOR 5 CENTS. SCHU & WATERHOUSE. H. Bloempot will be tried for forgery. He and Clrksena, traded a forged note tothe Farmers' and Traders' bank at Bancroft He denies having anything t0 T d h° 6W grand b juV? Indicted Jas. Whalen fo?rape A 13-year-old girl north of Whittemore is about to become a moth' er and charges it to him. Attorney Cohoqn is appointed to defend, and the J- Q- and Mre. Bergwau for r - ~ The grand jury incliQteo . ..... and OrvU for stealing .70 tons of „-„ Sut east of Gerroania. Orvia waa sent to tbe penitentiary for ft ye»»' in "W for breaking into a box car at Banorpf t. |yi | i S*i| T«T« n *liQ»Vino IB nut OD of all-silk ribbons, our entire stock, all widths atlOc a yard, Notice our show window, of all sizes. A splendid assortment of winter plush blankets of all shapes and sizes. D. B. AVEY, o a . Weatherbee is out on b ° ad< COURT pf Judge Qwrtoft was itQW»oy§r8ue« John Goeders, cm

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