Tillamook headlight., December 31, 1908, Image 4

TILLAMOOK HEADLIGHT, DECEMBER 3\ 1Q08
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, conveying
said lands lothis plaintiff free and clear
of all claim thereto by defendant and in
default of his executing such conveyance
that the decree herein be held and taken
such conveyance ; that plaintiff have
and recover his costs and disbursements
herein, and that he have such other and
further relief as tray be equitable and
just.
The Verdict.
Judge Burnett.
conclusions of law.
finds :
l»t. The consideration of *25 paid
by thedefendant for the land in question
is so grossly inadequate and dispro
portionate to the actual value of the
land that it ia shocking to the conscience
of the court and amount! 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
dutv 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
finding of fact.
3rd. The plaintiff is entitled to n
decree of this court against the defend
an' declaring said deed set out in the
ninth finding of lact to be null and void,
requiring the defendant to execute under
his hand and sial in the presence of too
subscribing witnesses, acknowledge so
as to entitle the same to 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
vevance; that the defendant and all
persons claiming by, 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
tlie plnintiff or those claiming under him
and that the plaintiff have and recover
of and from the defendant the costs and
disbursements of this suit.
Report of the Condition Of
THE FIRST BANK & TRUST
At Bay Ci(y, in the State of Oregon,
Business, November 27th,
Total Value of School District*
1 .
2 .
3 .
4 .
5 .
6 .
7 .
8 .
9 .
10
11
12
13
14
15
16
.7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
44
45
46
47
48
49
50
51
53
$.135,620
207.780
200,156
113 635
66 11«
86.780
51.665
597.485
. 223.650
582.490
281.790
87,920
484 001
250.920
36 375
536.795
49.200
58.850
117.050
56 496
138.475
212,760
584.190
123.040
45.685
421.350
515.091
177.225
69 630
959,995
142.400
450.480
28 800
1.174.570
45.210
16.190
226 430
705.450
77.615
RESOURCES.
Loans and discounts...............................
Overdrafts, secured.................................
Bonds, securities, etc.............................
Banking house, furniture, and fixtures
Due from approved reserve bauks ....
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 man who lived in this county some years ago, and the
Time certificates of deposit.............................
deceit practice by Nolan was so glaring that it even shocked the conscience of the
Savings deposits ..............................................
Court and Judge Burnett characterized it ns a badge ot fraud. The attorneys for
plaintiff at the trial impeached Nolan as to truth and veracity.
Total
Atto neys H. T. Botts and R R Iluniway appeared for Boelk and Talmage &
---- ------- ------------
........ ¿-Ji
Johnson were attorneys tor Nolan.
State of Oregon, County of TillamookTss-^^^
Oak Nolan was the cashier for several rears of the Bank of C. & E. Thayer and
I, JOHN O. BOZORTH, C?«hier of the abovt-o.
is now associated with Claude Thayer in the practice ol law. When the suit was
do solemnly swear that the above statement is trnetoJ
filed Nolan was a Holy Statement candidate at the primary election for Joint
37.090
8.890
Senator for Washington, Yamhill, Tillamook and Lincoln counties, and two years
my knowledge and belief.
JOHN 0. BOZORTH t
22.740
previous he was a candidate lor County ludge, but on both occasions was uadly
Subscribed and sworn to before me this 7th dav ofh
373.040
beaten.
6.250
I- D. BOZORTH, Notanj
and that the plaintiff signed said in.
71.450
Correct
—
Attest
:
strument and received from defendant
88.815
Plaintiff for cause of suit against de­ the sum ol »25.90 in payment therefor.
9.040
R- J. HENDRICKS
fendant alleges : That plaintiff is, and
That plaintiff is of German drscent
141,930
tor ten years or more has been the own­ and nativity and is not able to readily
SCOTT BOZORTH, Dr
42.270
er in tee simple ot the following describ­ read and comprehend the meaning ol
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 ot the south eaat quarter ot and signed by plaintiff was by the de
Tillamook City........... 411,190
section fourteen, and the north west fendant caused to be recorded in t he
Bev City........................
92,445
quarter ot the south west quarter, the
Nehalem.......... ................
18.020
deed records of Tillamook County, and
south east quarter ol the south west
Garibaldi.........................
5.975
is now of record ot page 166 of Book
quarter, the south west quarter of the
Bay
Ocean
Park
..........
47,075
“7’’ of said Peed 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 "Kolah,” but is signed by this plain­
Some of the Cruel Effect« of Gossip
section thirteen, save and except that
portion ol the south east quarter of the tiff and purports to convey tlie whole of
W. E. Catterlin.
»aid
land
described
without
any
reser
­
southeast quarter of section thirteen vation
There never was a time, since Sheridan
deeded to Frank Ekroth, being a strip
wrote his immortal “School for Goaslo.’’
That in the signing of said instrument
off the west side ol the south west quar­
the plaintiff was deceived and defrauded Petition for Bounties tor the Des wlien gossip «in more the order of the
ter ot south west quarter twenty rods
by défendent as to the contents thereof
tructlon of Wild Animals.
wide and eighty rods long, all m town­
social day Ilian at the present time.
ship one. north ot range ten, west ot in that said instrument was not what it
•‘ Those quiet women are always the
was represented and claimed to be by
To the Honorable, the Senate and
Willamette Maridian.
That on or about th»------ day of April, the defendant, and this plaintiff relied House of Representatives of the State of worst. Depend upon it, we don't know
all.” whispers Mrs. A teller to a friend
1899. the piainiilt delivered the posses­ upon the representation« of the défen­ Oregon, in Legislature Convened.
as to what said instrum.-nt was,
sion ot said lands to one Frank Ekroth, dant
at a tea party
The very superiority and
not knowing as aforesaid what its con- I
Your
petitioners,
residents
and
tax
­
to he used and enjoyed by the said Ek.
(lawlessness of that particular quiet
rents
were
or
comprehending
the
same
|
payers of the Slate of Oregon, would
roth until plaintiff should desire to re
claim the same; that acting under said and supposing and believing that said | respectfully beg to call the attention of woman adds to tlie offense her neighbor
instrument
was
in
lact
what
it
was
rep
I
finds in her.
arrangement said Ekroth took posses­
, your honorable body to the fact that the
sion ol said lands and has used and en­ resented by defendant to be.
Presently she finds herself caught in
That in receiving the sum of $25 «9 game animals of thia alate, deer and < Ik,
joyed the same at all times since »aid
the cruel net of woman gossip. And
date, he paying the taxes thereon except from defendant and signing nod deliver are rapidly disappearing, due in a large
STAR THEATER, op. McNair's St
for the year----- the taxes were not paid ing said instrument to defendant, the nna-ure to tlie ravages of wild beasts, for (lie very reason that there is no
and said laud» were attempted to lie plaintiff relied upon the representations
foundation for the stories told of her,
FIRST PERFORMANCE, 7.30 o’Cloek,
sold lor delinquent taxes, but that the innde by said defendant as aloresanl, wolves, cougars or panthers, bears, lynx, denial and explanation are the more
and
had
no
other
information
or
know
­
wild
cals,
etc.
It
has
been
estimated
by
same were Ind in hy the said Ekroth and
Change of Program Twice aWeek.
ledge ns to the facts 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 amt 300 cougars in this state and they will
and are close Iriends ; that shortly alter believed that the statements made bv
spread scandal, and take up old tales of
each
destroy
a
deer
weekly
this
will
foot
•aid
defendant.
to
plaintiff
were
in
tact
the arrangement between plaintiff and
"very suspicious circumstances, my
said Ekiotli above m.niioned, plaintiff true, and that détendant signed the in­ up the enormous nu uber of 26.000 deer
dear,” etc ?
removed from Tillamook County, Ore strument referred to above and received killed by these creatures annually.
gon, where he win then residing, to tlie said sum ot $25 00 in payment lor what
Men, too, are a good deal to blame in
Now while the approximation of 300
state ot California, and has at all times plaintiff supposed to be a conveyance o!
thia direction. At least they have be­
plaintiff
s
interest
in
a
right
of
way
Cougars
in
thia
state
may
seem
to
be
too
itslded in said state since that time un­
come so since men and women mixed
til in the month of March, 1908, when over the lands described and nothing large, still when it is taken into consider
he returned to Tillamook county, Ore more, relying wholly upon defendant's ation that there are numerous wolves, together so incessantly as they do to-
said representations.
gon.
day.
That each and allot said representa­ which are equally as destructive to
That the said Ekroth at all the times
Men's lives used to be led mors as
tions
and
allegations
made
by
defendant
game
as
cougar,
besides
lynx,
bears
and
mentioned was huldiug the possession
ot said lands tor the beuefit ot this plain to this plaintiff as atorsaid were in fact I wild cats, which destroy large numbers things apart from feminine existence.
tiff and was guarding the rights and in false, and the lacta were ns herein first1 of fawns and young deer, it will readily Then they used to ’’ let the women fight
tercets of this plaintiff in and to saiii alleged and that thesanie were made by
out their scandals and gossip among
lands, and that the same were in coudi- defendant to this plaintiff with know be seen that the estimate of 590 carni. themselves."
tion so that the said Ekroth could and ledge ol their falsity anil 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 e w olf or cougar
plaintiff at any time when the same amt of obtaining said lauds from this takes on an averuge of a deer a week sexes are so intimate that the men find
plaintiff
bv
paying
only
a
grossly
inade.
should be demanded by ibis plaintiff,
themselves drawn into the maelstrom of
That after plaintiff left Tillamook. quate consideration therefore ; that saiil has been attested to by too many ex­
malice, whose chief force, it must be
lands
are
a
nd
then
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 toe
by women'
said Ekroth or keep him informed as to the sum of '*1500 90 to »2000.00 ; that
Wn 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 Boss.
no information from said Ekroth or any to be held to lie a valid conveyance by
spitefulnesa of it all then they endure
other person as to the matter ,ot said this plaintiff to defendant ami be per­ been paid in this state for the sculps of
lauds or the disposition thereof until the mitted to stand, the plaintiff will lose destructive wild beasts have not been and finrllv embrace the tents of tittle-a-
all of said lands and receive therefore
year 1907.
productive of *uy considerable good tattle. And some of them, slowly but
Centrally Located.
FirstClal
That on or about the 8th day of Oc­ only the sum of *25 00 ; that had plain
results, tlie reason being, the bounties surely, degenerate into that meanest
tiff
been
appraised
ot
the
facts
in
regard
tober, 1907, and while this plaintiff had
among the products of civilization—the
to
said
lands
and
the
condition
ol
the
offered
were
too
small
io
justify
hunters
received no information Irom said Ek-
roth or any other person as to said lands title thereto, or liad defendant truthfullv in keeping trained dogs ami making it a man gossip.
But it is the woman gossip who first
or the diaporition 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 atate ol Cali have relused to either execute said
dal. Once the germ of gomip temper­
tomia, and for the purpose ol cheating, instrument or receive said sum Irom de­ ever an animal was accidentally; killed
wronging, deceiving aud »ielraudiiig this fendant
for which the state offered a bounty, ament, whether masculine or feminine,
1 hat in the making of said representa­
A Modern Hotel.
Traveling Men’s Home.
Tourists’Head»!*1
plaintiff, lulsely and Iraudulently repre
the person who did the killing never like an ill weed, it grows apace And the
seated and told plaintiff that the said tions to plaintiff, and paying to plaintiff
habit 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 as hsrd to
refused to pav the taxes upon the lands purported conveyance, the defendant putting the state to a considerable ex­
herein first described ; that the same had intended to cheat, wrong and delraud pense and aocomplishmg i.o real good, overcome as is the drink craze or the
been sold lor taxes 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 bad received a deceived, w ronged and defrauded by de­
Few among us have the courage to
the small bounty been offered.
lax deed therefore ; that plaintiffs time fendant tn said matter.
avoid the professional scandal monger
That said pretended conveyance is of
tor redeeming Irom said lax sale had
Again we would call your attention
ns one would fly from a mad dog. Yet
long since expired, and that plaintiff record ns afortaid in Tillamook County,
to the fact that coons, skunks, 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
tn any war have or claim any right, to be the owner of all of said lands by and small, digger squirrels and crows, tn munity as tlie other, though there are,
title or interest in and to said lands 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, varying degree« of the dis­
ease.
the said Ekroth lias mismanaged his convey auv title whatsoever to said
own business and property so that he lands, or anv portion thereof, because native aud imported, and that suitable
the same purports to be the deed ot bounties should be offered for their
had lost everything winch he had iorm
Medicine That Is Medicine
eily owned, and that he was at that Herman “Koelk” and is not signed by destruction
"I have suffered a good deal with ma
him.
and
thesanie
does
not
purport
to
time a county charge and further lalsclr
Now in view of the above facta, taking laria and stomach complaints, but I
be the devj ol this plaintiff, by whom
represented to plaintiff.
have now found a
«.» I
that keep*
That he the defendant had purchased a the »ame is signed, but that said inslru into consideration th* enormous loss me well, and that remedy
_____
_ „
Next Door to Tillamook CosatJ I
remedy
is Electric
tract of timber lying to the eaat of th» ment purporting to be a conveyance ot occasioned by the ravage of game des­ Bitters: a medicine that
ia medicine for
lands above described. and desire to r»- said land* constitutes « cloud upon
troying creatures, not only on game, stomach and liver trouble«, and for run
move said timber and to have a right ol plaintiff» title thereto, and particularly
down conditions," any. W. C. Kiestier,
way lor transporting said nmlier aero»» when taken in connection with defend­ but on domestic animals as well, we of Halliday, Ark Electric Bitters purify
said lauds of plaintiff above described; ant » claim to be the owner of said lands respectfully ask that bounties be offered
and enrich the blood, tone up the nerves,
that he had purchased from said Har by virtue of said conveyance.
by the state for their destruction as and impart vigor and energy to the
That plaintiff did, on March 21st,1908,
rison a right ol way over said lands for
follows
weak
Your money will be refund'd
the removal ol »aid timber as aiorsaid tender to defendant the sum of »30 09
PBOP2ŒTOR
paorxiEToa
«j
For cougar. $25 00. wolves. »25 09 if it fails to help you. 50c. at C. 1
mid that said right was a valid right, in gold coin ot the United States, and
Clough's
drug
store.
hut that defendant was not satisfied demanded that defendant should execute bear »3.00. lynx. $2.30. wild cat. $2 30 •
with a tai title and desired to have a quit claim deed to plaintiff of all coons, $1 00. large skunks. »1.00; small
every doubt as to its validity removed defendant's interest in and to said lands,
Chamberlain's Cough Remedy
by obtaining a deed from plaintiff cover­ but that defendant relused to accept skunks, 30 cents; digger equinels, 10
Aids Nature
ing said right ol way for a strip of land said smn of money or to execute said cents, crows. 10 cents.
Medicine* that aid nature ar* always
quit
claim
deed
or
any
release
whatever
over and aciuas and out ot said lauds ol
Believing that money expended for moat successful. Chamberlain’« Cough
Boiler Work, Logger’s Work and Heavy FtfP*
plaintiff.
of said lands, or any part thereof, and
proteciic n of Oregon’s wild game. one Remedy acta on thia plan. It allays the
That defendant offered to par the sttll refuses »0 to do
cough, aids expectoration, relieve* the
Fine Machine Work a Specialty.
That the plaintiff now tenders and of the moot attractive features of the lungs, open* the secretions, thereby aid­
plaintiff the sum ot *25.99 it plaintiff
wiual.laigna deed conveying to defen­ pays into court the sum of $30 00 to be state, is money well invested, *■*, jour ing nature in throwing off a cold and
dant Such right of war a* defendant paid to the defendaut as repavaient of petitioners will every pray.
i dealonng the system to a healthy con-
reifresenled to plaintiff that he desind the sum of *25 Oil received by this plain
trtion. For sale by all druggists.
tin from the date of said payment. and
and a* above mentiomM and deacrmerl
.More people are taking F.Jev's Kid.
that nf.inl.ff finally a a reyd to acvep' any other matters which the defendant
said *25.00 and to execute a dead of might be entitled to receive on account ■my Remedy ever* year. It is evasidered I
This Is Worth Reading,
to be the most effective remedy for kid. n ’iT’i V .?*“«*“•
fit .
conveyance coni et ing all ot plaintiff s in- thereof.
That plaintiff has no plain, speedy or ney and bladder troubles that medical Buffalo, N.Y.. My*; “ I cured the most
tereat in such right of way as defenlant
*tence can deviae.
Foley1. Kidney
deaired, and that thereapon th* defen­ adequate ready at law.
Wherefore, plaintiff prays that the Remedy corrects irregularities. builds annoying cold sore I ever had, with
dant presented to plaintiff for execution
i Hucklen « Arnica Salva. [ applied this
an| instrument »huh he represented to said pretended conveyance executed bv up worn out tissues and reetoree lust salve once a r*ay for two days, when
• conveyance of such right ol wav a* this plamtifl aforesaid be held to be nail vitality. It will make you feel well and every trace of the sore wee gone.” Heal*
i*’11—8
•»■••«’. Tillamook- all sores. Sold under guarantee it C 1
defendant claimed to desire a* afi res .•<*, and void and to be cancelled of record . u
Hawk & Miller, Bey City. Ore.
fta««f«l trapper H « a revwlar I B»-rel»^»dto
F» '*■*
L lough s drug store 25c.
'.T"’"1
'»■-
SMI .Wl n—- y-«* ■«“, MAtt.
The Complaint in Full.
Now is the time to invest in Tillamook
Values will double in a few yean
CA TTERLIN & SH.
Real Estate Agents.
Main Street, Tillamook City, op. Larsen
THE SPA,
CANDIES and
NUTS
HOTEL RAMSEY
Tillamook. Oregon.
The Only First Class Hotel in Tillamock.
J. F. RAMSEY, Pro.
HARNESS, COLLARS, &
You 0«l
Ve!dl
W. A. WILLIAMS M
A. K. CASE,
Tillamook Iron Work
S
I
»
4
I
General Machinists A Blacks111^
TILLAMOOK
FURS
HUNTER8 &TRAPPERS
Bid«« sad fan touud t«t
—■ pnew. A»4er