Tillamook headlight., April 02, 1908, Image 3

TILLAMOOK HEADLIGHT, APRIL 2,
AT-U,
-act u
J
“Oiq
for
OAK NOLAN BUN
COED A GERMAN.
Accused of Cheating, Wronging
and Deceiving Herman Boelk.
JNfOLAN OFFERED $25 FOR RIGHT OF WAY.
But Succeeded in Getting the Unsuspecting Ger­
man to Deed Away his Property.
What promises to be a most interesting case was filed in the circuit court of
mook county, in which Herman Boelk, who was a resident ot this county
i years ago, but left here in 189iK going to California, where he has since
resided, against Oak Nolan to set aside a deed which defendant obtained from
plaintiff under false and fraudulent representation, Boelk having signed a deed
Conveying his propertv, which was his homestead to Nolan, when he thought be
Was signing a right of way for a logging road.
BL Nolan has not long been admitted to Ule bar, and is now s candidate on the
republican ticket for Joint Senator for Washington, Yamhill, Tillamook and
Uocnln Cf'unties.
E H.T. Botts, of this city, and Ralph Duniway, of Portland, are attorneys for
plaintiff,
R The complaint, which makes interesting reading, for it is an exposure of the
whole scheme worked out by Nolan to get possession of the land, is given below ;
e Complaint in Full.
Plaintiff for cause of suit against de­
fend« nt alleges : That plaintiff is, and for
ten years or more has been the owner
in fee simple of the following described
real property, situated iu Tillamook
County, Oregon, to-wit ;
1 ;The north east quarter of the north
cast quarter of the south east quarter
ofaection fourteen, and the north west
quarter of the south west quarter, the
•oath east quarter of the south west
quarter, the south west quarter of the
south east quarter and the south west
quarter of the south west quarter of
section thirteen, save and except that
•iortion of the south east quarter ot the
•osth east quarter of section thirteen
«ceded to Frank Ekroth, being a strip
off the west side of said south west
quarter of south west quarter twenty
rods wide and eighty rods long, all ill
toqsnship one, north of range ten, west
of Willamette MnriJan.
; That on or about lhe----- day of April.
1899. the plaintiff delivered the posses­
sion of said lands to one Frank Ekroth,
to be used and enjoyed by the said
Ekroth until plaintiff should desire to
reclaim the same ; that acting under said
arrangement said Ekroth took posses­
sion of said lands and has used and en­
joyed the same at all times since said
date, he paying the taxes thereon except
for the year----- the taxes were not paid
and said lands were attempted to be sold
for delinquent taxes, but that the same
Were bid in by the said Esroth and the
taxes fully settled in that manner.
raid, and that said right «»< a valid
right, hut that defendant was not satis
fled with a tax title and desired to have
every doubt as to its validity removed
by obtaining a deed front plaintiff
covering raid right of way for a atrip of
land over and across and out of raid
lands of plaintiff.
That defendant offered to pay the
plaintiff the aunt of $25.90 if plain iff
would sign a deed conveying to defen.
dant such a right of way as defendant
represented to plaintiff that he desired
and as above mentioned and descril-ed,
that plaintiff finally agreed to accept
said $25.00 had to execute a deed of con-
vevanoe conveying all of plaintiff's in­
terest tn such right of way as defendant
desired, and that thereu)-on the de-
fendant presented to plaintiff for execu­
tion an instrument which he represented
to be a conveyance of such right of way
as defendant claimed to desire as afore­
said, and that tlie plaintiff signed said
instrument and received from defendant
the sum of $25 00 in payment therefor.
That plaintiff is of German descent
and nativity and is not able to readily
read and comprehend the meaning of
instruments written in the English
language.
That raid instrument above mentioned
and signed by plaintiff was by the de
fendant caused to be recorded in the
deed records of Tillamook County
and is now of record of psge Iff« of
Book " 7" of said Deed R-cords; that
haul instrument purports to be the deed
Of Herman •• Koelk." but is signed by
this plaintiff and purports to convey the
whole of said land described without
any reservation.
That in the signing of said instrument
the plaintiff waa deceived and defrauded
by defendant aa to tbs contents thereof
In that said instrument was not what it
was represented and claimed to be by
the defendant, and this plaintiff relied
upon the representations of the de­
fendant as to what said instrument was
not knowing as aforesaid what its con­
tents were or comprehending the same,
and supposing and believing that said
instrument was in fact what it was re.
presented by defendant to be.
defrauded by defendant in said matter.
That said pretended conveyance is of
record •• aforeaaio tn Tillamook County,
Oiegon. and tlie defendant is claiming
to be the owner of all of said lauds by
virtue of said purported conveyance ;
that said purpor ed conveyance dore not
convey any title whatsoever to raid
lands, or any portion thereof, because
tlie same purports to be the deed of
Herman "Koelk" and Is not signed by
linn, and the same does not purport to lie
the deed of this plaintiff, by whom tlie
same is signed, but that said instrument
purporting to be a conveyance of raid
lauds constitutee a ckud upon plaintiff's
title thereto, and particularly when
taken tn con neat ion with defendant's
claim to be the owner of said lauds by
virtue of said conveyance.
That plaintiff did, on March 21st, 1998.
lender to defendant the sum of $3u.9u
in gold Coin of the United Slates, ai.d
demanded that defendant should cie-
enie a quit claim deed to plaintiff ol all
defendant's interest in and to raid lands,
l.ul that defendant refused to adept
said sum of mouey or to execute Saul
quit claim deed or any release whatever
ot said lands, or any |«rt thereof, and
still refuses so to do.
That the plaintiff now tenders and
pays into court the suiu of $30.90 to tie
paid to the defendant as repay meet ot
the sum of $23 90 received by this plain­
tiff from the date of said payment, and
any oilier matters which lhe defendant
unglil be eulitled to receive ou account
thereof.
That plaintiff has no plain, speedy
or a<iequate ready at law.
Where!ore, plaintiff prays that tin
said pretended conveyance executed bv
this plain tiff aforesaid tie held to be null
and void aud to be cancelled of rrcord;
that ths defendant be required to exe
cute a proper conveyance, conveying
said lands to this plaintiff free and deal
of all claim thereto by defendant aud m
default ot his executing such convey
ance that the decree herein be held ai.u
taken as such conveyance; that plaintiff
have and recover his costs and disburse,
meiits herein, and that lie have such
other and further relief as may In­
equitable and just.
To the Republican Voters of Tilla­
mook County.
Y hereby respectfully announce myseb
as a candidate for the nomination oi
County Commissioner on the Republicm
ticket at the primary election to lie helo
April 17, 1908.
If nominated and elected I pleilge my-
self to a faithfol discharge of the duties
ol my office to the best of mv ability.
Yours respectfully.
H. V- A lley .
To the Voters of Tillamook County.
I hereby announce myralf as a can-
dinate for Che renomitiatiun for Sheriff
>>n the Republican ticket at the primary
election, Co be held April 17lh. If nomi­
nated and re-elected" I pledge myself to
the faithful performance of the duties of
the office without fear or favor.
Trusting that my candidacy ahall
meet with your favorable consideration,
I am.
Respectfully yours,
H C renshaw .
1908.
To the Voters of the Second Justice
District of Tillamook County,Ore.
I hereby announce myself as a candi­
date for the office of Justice ot th»- Peace
for the second jus'ice district in Tilla­
mook t'ou- tv, subject to the Republican
primaries to be held April 17. 1908.
A T. W hite .
To the Voters of Tillamook County.
1 hereby announce myself as a candi*
date for the nomination of County Clerk
on tlie Rv-publican ticket, and will ap­
preciate the support of the voters at tlie
prin ary election to be held Apid 17th,
19« »8
If nominated and elected I will attend
strictly to the dutiea of lhe office.
Very leapectfullv,
Tillamook
Land & Investment Company
INCORPORATED.
Excellent Facilities for Handling Dairy Ranehes
Timber bands and City Property.
Liist your property uiith us.
Li. W, MeRDflMS, Pres.
B. 0. SNUFFER, See.
Tillamook, Ore
Por,tland Ore
U”*ees :
Tillafliouk Olfiie, first door west of Coates' Abstract Office.
The Tillamook Lumbering Co. having
rge amount of Fur Logs on hand, made
arrangements with Frank Long to saw the
same, the Company is now in a position to
sell and take orders for Lumber. Leave
orders at the Company’s office.
F. S. WHITEHOUSE.
P re »» w. ¿K ristensen .
To the Voters of Tillamook County.
’ lu-rrwith announce myself aa candi.
datt- Io» renoniination for tlie office ol
County Asaeraor, on the Republican
ticket, nt lhe primary election to he held
April 17th, 19o8.
Yours truly,
A. M. H are .
To the Republican Voters of Tilla
mook County, Oregon.
Opened Up for Business
Tillamook, Ore., Feb. 7. 1908.
G entlemln —Having served one term
in the office ol County School Sujierin
teniienl, 1 hereby announce mv cmidi
-lacy lor renoniination in the Primary
Election to be held April 17, 1908.
If renominated and re-elected, 1 pledge
my sell to attend to all of the duties ol
the office in .; careful and conscientious
manner, and without prejudice and par-
lialitv ; that I will labor diligently lor
the upbuilding of our splendid public
schools in all parts ol the county, believ­
ing that tlie last schools possible arc
none too good lor the boys and girls ot
Tillamook County.
Soliciting your support in the coining
primaries, I am.
Very respectfully yours,
W ayne W. W iley ,
County School Superintendent.
SAPPINGTON & CO
A Full Line of Groceries
Flout*, Feed, Tinuuare
and Croekery
We CUant all Kinds of Pnoduee
Call and See Us.
To th« Republican Voters of Tilla­
mook County.
¡Olsen Building, XÄ ^.t.
I hereby announce myself as a candi-
laie for the nomination of Sheriff on the
Republican Ticket, to be nominated at
• he primary election, to be held on the
17th April, 1908. and respectfully ask
ihe support ot lhe republican voters oi
the county.
Respectfully yours,
E. J. G ienger ,
The Best Hotel
THE ALLEN HOUSE
To the Republican Voters, Seconj
Justice District, Tillamook
County, Ore.
I hereby announce myself a candidate
for the office of Justice of the Peace,
Second Justice
District.
Tillamook
County, suiijeot to the action of the Re
publican voters at the primary election
• 0 be held April 17th, 1908.
That said Ekroth and plaiuliff were
and are close friends ; that shortly after
the arrangement between plaintiff and
said Ekroth above mentioned, plaintiff
removed from Tillamook County. Ore­
G. w. S appington .
gon. where he was then residing, Io the
state oi California, and has at all times
For Sheriff.
Raided in said state since that time un
I hereby announce myself a* a can
til in the month ot March, 1908, when
didate for lhe Republican nomination
be returned to Tillamook county, Ore­
for Sheriff al the coming Pmuary
gon.
To The Voter« of Tillamook- ...... ...............
in if 1 , am nominated and
That the said Ekroth at all the times
Coanty.
elected I will endeavor to conduct lhe
■rationed was holding the possession
I hereby announce mvself a« candidate iffairH of tlie office efficiently and econo,
of said lands for the benefit of this plain-
nically and treat every man according
for the nominatioiKpf school superinten
and was guarding the rights and in
dent on the republican ticket, and woulo •o tlie Golden Rule.
sts of this plaintiff in and to said
That in receiving the sum of $25.00
G eo . F. Z immerman
Is, and that the same were in condi- from defendant and signing and deliver­ respectfully request the sup|a>rt of the
voters
at
the
primary
election
to
he
hel<<
so that the said Ekroth could and ing said instrument to defendant, tig­
Yamhill Man for Senator
jjpoulH have delivered the same to this plaintiff reliad upon the representai ions April 17. 1908. If nominated and elected
intiff at any tinie when the same made by said defendant aa aforesaid 1 pledge mvself to attend strictly to the
0. (’
llammerlv, publisher of the
dutiea of the office and to give an hone»t.
old be demanded hy this plaintiff.
and had no other information or know
News Reporter. McMinnville, is a candi*
economical
and
impartial
administration
That after plaintiff left Tillamook, ledge as to the facta or circumstances in
date tor Senator for this district now
on. as sforsaid, he did not write to regard to said matter and supjxwd and during the whole of my term.
represented by Dr. Wright and com posed
Very
respectfully.
^gpud Ekroth or keep him informed as to believed that the statements made by
of Lincoln, Tillamook, YamhiU and
W. S. B oel .
Kjbis whereaboutt, and plaintiff received said defendant to plaintiff were in fact
(recently added) Washington counties
information from said Ekroth or any true, and that defendant sigmxl lhe
To the Voters of TlUamook County. Mr fiammerly was born and raised on
r person si to the matter ot said instrument referred to above and re
a farm in Iowa, taught school a numkr
I hereby announce myself as a candi
ds or the disposition thereof until the oeived raid sum of $25 00 in payment
•f years in country high school and acrid
date for the nomination of County < ’Jerk
r 1907.
for what plaintiff supposed to lie a con­
rmy ; but for the greater part of the
on
the
Republican
ticket,
and
would
re
That on or nbout theSth day of Oc- veyance <>f plaintiff*, interest in a right
time he has lived herein the west (over
r, 1907, and while this plaintiff had of way over the lauds described and spectfully request the support of the twelve years) has been an editor. He is
red no information from said nothing more, relying wholly upon de­ voters at the primary • lection to be held a lifelong republican. If elected he will
April 17th, 1908.
roth or any other person as to said fendant's said representations.
make a special effort to represent every
If nominated an<l elected I pledge my­
nds or the disposition thereof since
That each and all ot said rexreasnta.
portion of the district.
self to attend strictly to the duties of the
intiff left Tillamook |Countv. the de lion, and allegations rn.de by defendant
office,
dant approached plaintiff in the state to this plaintiff as aforesaid were in fact
Notice to Socialist*.
Soliciting your support in the coming
California, and for the purpose ot false, and the facts were as herein Hist
A
mniui
meeting of the registered voters
primaries, 1 am,
ating, wronging. d«reiving and de alleged and that tlie same were made by
ot lhe Socialist partv will beheld At th**
Very respectfull? yours,
Sliding this plaintiff, falsely and fraud defendant to thia plaintiff with know,
County Coiiit House, April 4. 1908, for
J. C. H olden .
ntly represented and told plaintiff that ledge of their falsity and for the pur­
the purpose of nominating a count)
February 37th, 1908.
said Frank Ekroth had failed, neg- pose of deceiving and defrauding tins
ticket and irHnsHcting such other bust*
ted and refused to pay th« taxes upon plaintiff and of obtaining said laud,
news as may c»»»ne before it. By order
To Voterà of Tillamook Coanty
lands herein first descrilxd ; that from this plaintiff by paving only a
of local quorum.
Gentlemen;—I beg herewith to an-
same had tieen sold for taxes to one grossly inadequate consideration there,
W C V’OLFE. Src,
Harrison, and lhe said Harrison had for; that said lands are ano than were noaoce myself as a candidal«, for nomi
red a tax deed therefor ; that plain reasonably worth the sum of $1500.99 nation on the RepuMiesn ticket for the
Cal! for City Warrant»
• time for redeeming from said tax to $2000 09; that should said instrument office of Coati tv Treasurer, at the pri.
All warrant, on road fnnd endorsed
le had long since expired, and that above referred to lie held to fs- a valid mary election to fie held on April 17th,
prior to Hept. 20, 1907. will lie paid on
iniiff could not redeem from said tax conveyance by tins plaintiff to defendant 1908.
If elected County Treasurer I will pmenlanon. Inlere.l erases thi« 25th
le or in any way have or claim any and la* permitted U, stand, the plaintiff
day of March. 19OM
[ht, title or interest in and to said will lira- all of said lands and receive have my office in the Court Honse.
J S S tephkms ,
Yours Very Trulv.
^ads wbK-h would he in any way valid; therefor only lhe sum of? $25.00; that
i'itv Treasurer.
J. S S tephens .
¿jibs! the said Ekroth has mismanaged bad plaintiff been appriaed of tlie facts
own business and property so that ii regard to and land, and the c-sidi
Call for City Warranta.
had lost everything which he had Hon of the title thereto,or had defendant To rhe Republican Voterr of TiUa-
mook County.
merly owned, and that he was at that truthfully explained the said inetruiuent
AU warrants on g. neral fu-d endorsed
^■imc a county < harge and further falaely presented to hiui for plaintiff's signature,
I hsrehv announce myself as a canrli- prior to Ma.-r h tilth. 1907. will be paid
■»presented to plaintiff.
ha would bare refused to eitlwr execute 4ate (nr nomination on the Hepubiiean
on presentation Interest cease« thia 23. h
f That he the defendant had purr-heard a «aid instrument or receive said sum
ticket, for the office <<f Count» Clerk, at day of March, 1998
of limber lying to the ram of the from defendant
I he Primary etectton to be held on April
J. 8. M oriiis ,
ds above described, and desired to
That io the making of said repreaen 17th 1908.
City Treasurer.
ove said timber and to have a right talionw to plaintiff, and paying to ptata-
If nominated and elected. I pledge mv-
wav for tranaporting said timber tiff said sum of $26 On and receiving
For
Whooping
Cough.
•elf to attend strictly to th* dutie» <*< the
rrisa said lands of plaintiff above dee raid purported conveyance, the de­
Otre Chniohrelnin’a C<<ngh R
office. The aame courteous treatment to
It will keep the cocurh kwme, erpectara
bed. that he had purchased froas aaid fendant intended to cheat, wrong and
I Imn raov an-t rmd-r th* fit. of
arrison a right of way over said land» defraud this plaintiff, and that this
Your« respectfully.
I fera frsqui-ni and fes. sever*
lhe removal of said timber aa afors- plaintiff was deceived, wronged and
C h a S A. J o H xsos .
■n-i sure. Fur sale b, all druggiats.
J. P. flUUEN, Proprietor».
Headquarters for Travelling Men
Special Attention paid to Tourists.
A First Class Table. Comfortable Beds and Accommodation
r
PROPRIETOR
Tillamook Iron Works
I<
4
General Machinists & Blacksmiths.
Boiler Work, Logger’s Work and Heavy Forging.
Fine Mm-hine Work a Npecinlty.
T illamook ,
oregon
I have just opened up the most com-
plete line of
3 STAPLE & FANCY 8
GROCERIES
MO
in Tillamook, all new and Fresh. The
VA prices are no higher than others.
We most cordially invite you to
come and look at what we have and
get our prices, whether you buy or
not.
MJ
*Mk
8
W. M. MILLS, 8
upposite the
Opposite
tne Post Office
OTTiee.
KILL th « COUGH
and CURE th « LUNGS
Dr. King’s
New Discovery
MADE
FOR
SERVICE
and guaranteed
absolutely
WATT R PROOF
fORC8l!8r .JVM«,
OILED SUITS SUCKEDS
AND HATS
ANO AU THROAT AND LUW« TWOUBLES,
Every qnrment quaronired
Chan L*qh< Durabh
OUABAWTKXD 8ATIBFA0T0BY
OR MOWXT RXrUWDRD.
5utts»3<>? Ekkers »30?
snip er tfir Menu frf»r»kfK
csrsiod f*fr roe rut enueo