Tillamook headlight., December 31, 1908, Image 2

TILLAMOOK HEADLIGHT, DECEMBER 3\ 1908
FRAUD AND DECEIT BY A
TILLAMOOK ATTORNEY.
Shocking to the Conscience of the
Court and Amounts to a
Badge of Fraud.
HOW OAK NOLAN BUNCOED A GERMAN.
Offered $25 for a Right of Way for a Logging Road
and then Deceived Herman Boelk by having
him Sign a Warranty Deed.
that the defendant be required to exe-
cute a proper conveyance, conveving
Maid lands to this plaintiff fre* and clear
of all claim thereto bv defendant and in
default of bi. executing such conveyance
thut the decree herein be held nnd taken
.<f such conveyance ; that plaintiff have
and recover his coats and disbursement,
herein, and that he bar* such other and
further relief as tray be equitable and
just.
The Verdict.
ludge Burnett, as conclusions of law.
finds :
1st. The consideration of *25 paid
by thcdefendant for the land in question
is so grossly inadequate and dispro
portionate to the actual value of the
land that it is shocking to the conscience
of the court and amounts to a badge of
fraud.
2nd. Having undertaken to inform
the plaintiff about the condition of the
title to the land in question, it was the
duty of the defendant to make a full and
complete disclosure of all the conditions
affecting such title, and the ommission
of the defendant to state to the plaintiff
that the instrument set out in the third
finding of fact required Thomas F. Har.
rison to hold the land in question in
trust for the plaintiff herein, his heirs or
legal representatives, amounts to fraud
and deceit on the part of the defendant
sufficient to annul the deed executed bi
the plaintiff and set out in the ninth
fitxiing of fact.
3rd. The plaintiff is entitled to a
decree of this court against the defend
am declaring said deed set out in the
ninth finding of fact to be null and void,
requiring the defendant to execute under
his band and seal in the presence of too
subscribing witnesses, acknowledge so
as to entitle the same tn record and de
liver to the plaintiff a deed of conveyance
from the defendant to the plaintiff con
veving to the plaintiff the land in ques­
tion, and that in default of such execu
tion, acknowledgment and delivery of
such deed of conveyance by the defend
ant to the plaintiff on or before the first
day of February,1909, such decree stand
and operate in all respects as such con
vcvance; that the defendant and all
persons claiming hr, through or under
him be enjoined and forever restrained
from claiming or asserting any right,
title, interest or estate in or to said real
property or any part thereof as against
the plaintiff or tho’e claiming under him
nnd that the plaintiff have and recover
of and from the defendant the costs and
disbursements of this suit.
Total Value of School Districts.
1 .
2
3
* .
5 .
6
7 .
8 .
9 .
10
11
12
13
1*
15
16
.7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
3*
35
36
37
38
39
*335,620
207,780
200,156
.
113 635
66 110
86.780
51.665
597.485
. 223.650
582.490
. 281.790
87.920
*8*001
. 250.920
36375
536.795
49 200
58850
117,050
56 *96
138,475
212,760
584.190
123.0*0
*5.685
*21.350
615.091
177.225
69 630
959,995
1*2.400
*50.480
28 800
1,174.570
45,210
16.190
226 *30
705.450
77.615
Report of the Condition^"
THE FIRST BANK fir TR u ST
At Bay City, in the State of Oregon at
Business, November 27th, j9o^
RESOURCES,
Loans and discounts...............................
Overdrafts, secured.................................
Bonds, securities, etc.............................
Banking house, furniture, and fixtures
Due from approved reserve banks ....
Checks and other cash items..............
Cash on hand............................................
Total
LIABILITIES.
Capital stock paid in..................................
The case of Herman Boelk, plaintiff, vs. Oak Nolan, defendant, which was
Surplus fund...................................................
tried before Circuit Judge Geo. H. Burnett at the November term of the Circuit
Undivided profits, less expenses and taxes paid
Court and taken under advisement, has been decided in favor of plaintiff. The
Individual deposits subject to check...........
cause of action was to set aside a deed which Oak Nolan bad fraudulently obtained
Demand certificates of deposit ...................’
from Herman Boelk, an old roan who lived in this county some years ago, and the
Time certificates of deposit............................
deceit practice hy Nolan was so glaring that it even shocked the conscience of the
Savings
deposits ...........................................
Court and Judge Burnett characterized it as a badge nt fraud. The attorneys for
plaintiff at the trial impeached Nolan as to truth and veracity.
Total
Atto neys H. T. Botts and R R Duniway appeared for Boelk and Talmage &•
Johnson were attorneys for Nolan.
State of Oregon, County of Tillamook, SS •
’ "
Oak Nolan was the cashier for several «ears of the Bank of C. & E. Thayer and
*0
is now associated with Claude Thayer in the practice of law. When the suit was
I, JOHN O. BOZORTH, Cashier of the abovt-n,
*1
filed Nolan was a Holy Statement candidate at the primary election for Joint
37.090
do solemnly swear that the above statement is true t
42
8,890
44
Senator for Washington, Yamhill, Tillamook and Lincoln counties, and two years
my knowledge and belief.
JOHN 0. BOZORTH (
22.7*0
45
previous he was a candidate for County ludge, but on both occasions was badly
Subscribed and sworn to before me this 7th dav Jn
373.0*0
46
beaten.
6,250
47
I- D. BOZORTH,
I and that the plaintiff signed said in.
71,450
48
Correct—Attest :
' strument and received from détendant
88.815
49
Plaintiff tor cause of suit against de­ the sum of *25.00 in payment therefor.
9.0*0
50
R- J- HENDRICKS
fendant alleges : That plaintiff is, and
That plaintiff is ot German descent
1*1,930
51
tor ten years or more has been the own­ and nativity and is not able to readily
SCOTT BOZORTH, Di
*2,270
53
er in tee simple of the following describ­ read and comprehend the meaning of
ed real, property, situated in Tillamook instruments written in the
English
Total....................... *11,352,868.
County, Oregon, to wit ;
language.
The north east quarter of the north
C ity V aluations .
That said instrument above mentioned
east quarter ol the south east quarter ol
Now is the time to invest in Tillamook
*11,190
Tillamook City..
i and signe.l by plaintiff was by the de
section fourteen, and the north west I tendant caused to be recorded in the
92,*45
B hv City............
quarter of the south west quarter, the deed records of Tillamook County, and
18.020
Nehalem ...........
south east quarter ol the south west is now of record ol page 166 of Book
5,975
Garibaldi.............
quarter, the south west quarter of the
*7,075
Bay
Ocean
Park.
“7’’ ot said Deed Records ; that said in
south east quarter and the south west
strument purports to lie the deed of Her­
quarter of the south west quarter ol
man “Kolek,” but is signed by this plain­
Some of the Cruel E ffecta of Gossip
section thirteen, save and except that
tiff and purports to convey the whole ot
portion ol the south east quarter of the
W. E. Catterlin.
said
land
described
without
any
reser
­
south east quarter of section thirteen I
There never « as a time, since Sheridan
vation
deeded to Frank Enroth, being a strip
wrote his io.mortal “School for Gossip.’’
That in the signing of said instrument ' I
off the west side ot the south west quar­
the plaintiff was deceived and delrauded Petition for Bounties for the Des when goasip whs more the order of the
ter ol south west quarter twenty rods
by dependent as to the contents thereof
truction of Wild Animals.
wide and eighty rods long, ail in town­
social day than at the present time.
in that said instrument was not what it
ship one, north ot range ten, west ol
*' Those quiet women are always the
was represented and claimed to be by
To the Honorable, the Senate and
Willamette Maridinn.
That on or about the----- day of April, the defendant, and this plaintiff relied House of Representatives of the State of worst. Depend upon it, we don’t know
upon the représentations of the defen­
all.” whispers Mrs. Archer to a friend
1899. the piaiiilirt delivered the posses­
Oregon, tn Legislature Convened.
sion ol said lainis to one Frunk Ekr -th, dant as to what said instrum.-nt was,
at a tea party The very superiority and
not
knowing
at
aforesaid
what
its
con
­
Your
petitioners,
residents
and
tax-
to be used and enjoyed by the said E k .
flawleasiieas of that particular quiet
roth until plaintiff should desire to re tents were or comprehending the same i payers of the Slate of Oregon, would
claim the same; that acting under said and supposing and believing that said . respectfully beg to call the attention of woman adds to the offens« her neighbor
arrangement said Ekrolh took posses, instrument was in lact what il was rep [ your honorable body to the fact that the limit! in her.
sion ol said lands and has used and en- resented by defendant to be.
Presently shv finds herself caught in
That in receiving the sum of $25 00 game animals of this state, deer and t Ik,
joyed the same at all tunes since said
the cruel net of woman gossip. And
date, he paying the taxes thereon rxerpi from détendant and signing and deliver are rapidly disappearing, due in a large
McNair’s S
for the year----- the taxes were not paid ing said instrument to defendant. the uwa-ure to the ravages of wild la-aata, for the very reason that there is no
and said lauds were attempted to he plaintiff relied upon the representations
foundation for the stories told of her,
FIRST
PERFORMANCE,
7.30 o’Cloek,
w-olve*. cougars or panthers, bears, lynx,
sold lor delinquent taxes, but that tile made by said defendant as aioresanl,
denial and explanation are the more
and
had
no
other
information
or
know-
wild
cals,
etc.
It
has
been
estimated
by
same weie bid in hy the said Ekroth and
Change of Program Twice a Week.
ledge as to the tacts or circumstances in competent persons that there are now difficult.
the taxes fully settled in that manner.
ADMISSION. 10 Cents.
But is it only women who talk gossip,
That said Ekroth and plaintiff were regard to said matter and supposed and 500 cougars in this state and they will
and are close friends ; that shortly alter believed that the statements made bv
spread scandals and take up old tales of
each
destroy
a
deer
weekly
this
will
foot
said
defendant
to
plaintiff
were
in
lact
the arrangement between plaintiff aim
"very suspicious circumstances, my
said Ekiolli above rmnrioned, plaintiff true, and that defendant signed the in­ up the enormous number of 26.000 deer
dear.” etc ?
removed from Tillamook County, On- strument referred to above and received killed by these creatures annually.
gon, where he was then residing, to me said suin ot $25 00 m payment for what
Men, too, are a good deal to blame in
Now while the approximation of 500
state ot Ualiturnia. and has at all times plaintiff supposed to be a conveyance of
this direction. At least they have be­
rtslded in said slate since that time un­ plaintiffs interest in a right of way c- ugars in this state may seem to be too
come so since men and women mixed
til in the month of March, 1908, when over the lands described and nothing large, nt ill when it is taken into consider
he returned to Tillamook county, Oie more, relying wholly upon defendant's atioii that thrre are numerous wolves, together bo incessantly as they do to-
said representations.
gon.
day.
That each and all of said representa­ which arc equally as destructive to
That the said Ekroth at all the times
Men’s live« used to be led more as
tions
and
allegations
made
by
defendant
game
as
cougar,
besides
lynx,
bears
and
mentioned was holdiug the possession
things
spart from feminine existence.
to
this
pl
lintitf
as
atorsaid
were
in
fact
wild cats, which destroy large numbers
ol said lands lor the benefit of this plain
tiff and was guarding the rights and in false, and the facts were as herein first of fawns and young deer, it will readily Then they used to “ let the women fight
terests of this plaintiff in and to said alleged and that the saine were made by
be seen that the estimate of 500 carni. out their scandals and gossip among
lands, and that the same were in condi­ defendant to this plaintiff with know
themselves. ”
tion so that the said Exroih could and ledge ol their falsity and for the purpose verous animals that live off the game is
Nowadays the social lives of both
would have delivered the same to this ol deceiving and defrauding this plaintiff not too large, and that a wolf or cougar
plaintiff al any time when the same and of obtaining said lands from this takes on an average of a deer a week sexes are so intimate that the men find
plaintiff bv paying only a grosslv inade.
should be demanded by ibis plaintiff.
themselves drawn into the maelstrom of
That after plaintiff left lillamook. quate consideration therefore ; that said has been attested to by too many ex­
malice, whose chief force, it must be
lauds
are
ami
t
hen
were
reasonably
worth
perienced
men
to
be
doubted.
Oregon, as nforsaid, he did not write to
Call and see our fine line of ’Xmas Boxes, filled to
by women
said Ekroth or keep hun informed aa to the sum of *1500 00 to *2000.00 : that
We would beg to suggest further, that confessed, is furnished
his whereabouts, and plaintiff received should said instrument above referred the small bounties which have hitherto First they despise the smallness and
with our own made Chocolates and Bon Boos.
no information from said Ekroth or any to be held to lie a valid conveyance by
spitefulness of it all then they endure
other person as to tbe matter .ot said this plaintiff to defendant ami be per­ been paid ill this state for the scalps of
and finrllv embrace th« tents of tittle-a-
lands or the disposition tlieieof until the mitted to stand, the plaintiff will lose destructive wild beastB have not been
all of said lands and receive therefore
year 1907.
productive of any considerable good tattle. And some of them, slowly but
That on or about the 8tb day of Oc­ only tbe sum of *25 00 ; that had plain results, the reason being, the bounties surely, degenerate into that meanest Centrally Located.
Finti
tober, 1907, and while this plaintiff had tiff been appraised of the facts in regard
among the products of civilization—the
received no information Irom said Ek­ to said lands and the condition ot the offered were too small lo justify hunters
roth or any other person as to said lands title thereto, or had defendant truthfullv in keeping trained dogs and making it a man gossip.
But it is the woman gossip who first
or the disposition thereof since plaintiff explained the said instrument presented business to hunt for animals that the
left Tillamook County, the defendant to him for plaintiff's signature, he would
inoculates man with the virus of scan,
state
offered
bounties
for,
while
when
­
approached plaintiff in the state ot Cali have refused to either execute said
dal. Once the germ of gossip temper­
tornia, mid lor the purpose of cheating, instrument or receive said sum from dé­ ever an animal was accidentally; killed
The Only First Class Hotel in Tillanwoii
wronging, deceiving and delraudiug this tendant
for which the state offered a bounty, ament, whether masculine or feminine,
fhiit
in
the
making
of
said
representa
­
Tourists' Headqw
plmntifl, lalsely and fraudulently repre
A Modern Hotel.
Traveling Men’s Home.
the person who did the killing never like an ill weed, it grows apace. And the
sen ted and told plaintiff that the said tions to plaintiff, and paying to plaintiff
liabit
of
disparaging
our
neighbor
and
Frank Ekroth had failed, neglected and said sum of *25.00 and receiving said failed to claim the bounty, thereby
his wife—once acquires, is a« hard to
J. F. RAMSEY, Pro.
reffised to pav the taxes upon the lands purported conveyance, the détendant putting the state to a considerable ex­
herein first described ; that the same had intended to cheat, wrong and defraud pense and accomplishing t.o real good, overcome as is the drink craze or the
beta sold lor tuxes to one Joe Harrison, this plaintiff, and that this plaintiff was that would not have resulted had not craving for morphia.
and the said Harrison had received a deceived, wronged and defrauded by de­
Few among us have the courage to
the small bounty been offered.
tax deed therefore ; that plaintiffs timi fendant in said matter.
avoid
the professional scandal monger
That
said
pretended
conveyance
is
of
tor redeeming from said tax sale had
Again we would call your attention
as one would fl; from a mad dog. Yet
long since expired, and that plaintiff record ns atorsaid in Tillamook County,
to
the
fact
that
coons,
skunk*,
both
large
could not redeem from said tax sale or Oregon, and the defendant is claiming
the one is just as harmful to the com­
in any wav have or claim any right, to be the owner of all ot said lands by and small, digger squirrels anJ crows, in munity as the other, though there ere,
title or interest in and to said binds virtue of said purported conveyance ; the nesting season,
destroy
great
which would be in anv way valid ; that that said purported conveyance does not numbers of the eggs of game birds, both ol course, vsrying degrees of the dis­
ease.
the said Ekroth has mismanaged his convey auv title whatsoever to said
own business and property so that he lands, or auv portion thereof, because uative and imported, and that suitable
the
Hume
purports
to
be
the
deed
of
bounties
should
be
offered
for
their
had lost everything which he had form
Medicine That Is Medicine
eily owned, and that he was at that HertnHii ' Koelk'' and is not signed by destruction
’ I have suffered a good deal with ma
time a county chaise and further lalscly him. and the same docs not purport to
Now in view of the above facta, taking ¡aria and stomach complaints, but I
be the deed ol this plaintiff, by whom
represented to plaintiff.
have now found a
that keeps
That he the defendant had purchased s the same is signed, but that said instru- into consideration the enormous loss m»* well, and that remedy
Next Door to Tillamook t’os»<7 *
_____ ,w is Electric
remedy
tract of timber lying to the east of th. ment purporting to be a conveyance of occasioned by the ravage of game des­ Bitl-rs: a medicine that
is medicine7i'ir
lands above described, and desire tor.- sauf lands constitutes a cloud upon
troying creature«, not only on game, Stomach and liver troubles, and for run
move said timber and to have a right ol plaintiffs title thereto, and particularly
way lor transjairting suid timber across ' when taken in connection with defend­ but on domestic animals as well, we down conditions," says W. C. Kiestier,
of Halliday, Ark Electric Bitters purify
•aid lands of plaintiff above described; ant s claim to be the owner ol said lands respectfully ask that buuntiie be offered
ami enrich ihe blood, tone up the nerves
that he had purchased from ssid Har by virtue ol said conveyance.
by the state for their destruction as and impart vigor and energy to thè
That plaintiff did, on March 21st,1908,
rison a right ol way over said lands tor
follows.
weak
Your money will be refund'd
the removal of said timber as aicrsaid tender to defendant the sutn of *30 oo
ntonnrroa
For cougar. ,25 00; wolves. *25 OU; if it rails to help you. 50c. at C I
mid that said right was a valid right, in gold coin ot the United State*, and
Clough’s drug store.
hut that defendant was not satisfied demanded that defendant should execute bear. *5.00. lynx, $2 50; wild cat. *2 50 ;
with a tax title and desired to have a quit claim deed to plaintiff ut all coons, *1 00. large skunks, *1.00; small
every doubt aa to its validity removed détendant'* interest in and to said land*,
skunks, 50 cents; digger squirrels, 10 Chamberlain's Cough Remedy
by obtaining a deed from plaintiff cover but that defendant refused to accept
Aids Nature
ill« said right ol way for a strip of land •aid Inm of money or to execute said cents; crows. 10 cents.
Medicines that aid nature are always
over and across and not ot said lands ol quit claim deed oe any release whatever
Believing that money expended for moHt successful. Chamberlain’s Cough
plaintiff.
ot said lands, or any part thereof, and protectiinof Oregon's wild game, on« Remedy acts on this plan. It allays the
Boiler Work, Logger’* Work and He*V
That defendant offered Io par the still refuses so to do
cough,
aids expectoration, relieve« the
of
tbe
most
attractive
features
of
the
J
That the plaintiff now tender* and
Fine Machine Work a Specialty-
plaintiff Ihe aunt ot *25.00 il plaintiff
lungs, opens the secretions, thereby aid­
••taldsigna deed conveying to defen­ pay* into court the sum of ,30 OO to be state, is money well invested, we. your i ing nature in throwing off a cold and
dant such right of way aa defendant paid to the delendaut as repayment of petitioners will every pray.
< deslonng the system to a healthy con-
re|Wvs»nted to plaintiff that he desirid the sum of *25 OO received by this plain
irtloo. For sale by all druggists
tiff
from
the
date
of
said
payment
and
•nd •• above mentioned and deacrilied
More people are taking F.Jev’e Kid.
that plaintiff finally agreed to accept any other matters which the defendant
said *25 00 and (o execute a deed of ■night be entitled to receive on account I*y Remedy every year. It is coiisidered
This Is Worth Reading,
to b« I he meet eff-ctiv« remedy ft* kid. n '¿T’j v J*1'"’**' of w Oih*>n
conveyance conieiing all of plaintiff s in­ thereof.
.
That plaintiff bus no plain, speedy or ney and bladder trouble« that medical Buna Io, N.Y.. aayw: •• I cured the mot
terest is such right of way aa defendant
*ienoe can devise.
Foley s Kidney annoying cold sore I ever had. with
desired, and that there anon the defen­ adequate ready at law.
Wherefore, plaintiff pray* that the Remedy corrects irregularities, builds Hucklen a Arnica Salve. [ applied th»
dant presented to plaintiff for execution
• n| instrument which he represented to •aid pretended conveyance executed bv up worn out tissues and reaturrei lose salve once a r'ay fov two days, when
conveyance of such right ol wav as this plaintiff afiiresaut be held to be noil vitality. It Will make you feel well and every Dace of the sore wee gone.” Heals
lA'",r' Tillamook: all sores. Sold under guarantee at C 1
defendant claimed to desire as afi res .id, •ud void and to be cancelled of record ; Itaik* trif n
Hawk & Miller, Bay City. Ore.
wsfu! Ir*pn*r Hi a revela« I » ctv I i*i*dia
H
Lrev* P
Clough s drug store. Me.
« weit-i S-V-. o.,
»..i.iin«-.«—' m «” —•
I
The Complaint in Full.
Values will double in a few yean
CA TTERLIN & SH.
Real Estate Agents,
Main Street, Tillamook City, op. Larsen
STAR THEATER, op.
THE SPA,
I
CANDIES and
NUTS
HOTEL RAMSEY,
Tillamook. Oregon.
HARNESS, COLLARS, it
Yon On
WeSdT
W. A. WILLIAMS J
Tillamook Iron Wor
General Machinists & Blacks®*'
TILLAMOOK,
OBEG^
FURS1HJD
HUNTERS’*TRAPPERS
e
b