Marion Progress

ACTION HEARD

S. L. Copeland Appointed Trustee for Development Judgments in Other Cases.

The McDowell county Superior court opened in its third consecutive week of activity Monday morning.

The court last week and the early portion of this week was devoted chiefly to civil cases. The docket was heavy and a number of the cases were continued until the next term of court. Several cases were dismissed, several others paid no claims, but a number of the suits were disposed of with the judgments going to the plaintiffs.

The Lake Tahoma development, located six miles west of Marion, is to be placed in the hands of Sam L. Copeland as trustee for disposal, by orders of Judge W. F. Harding, who heard last week a civil action between its owners in regard to what shall be done with the property.

The appointment of S. L. Copeland was made after the court had received comments on both sides of the question by the attorneys of the owners.

The development has been in the hands of the executors of the A. M. Kistler estate at Morganton. Mr. Kistler had been given instructions by the other owners to sell it for so much. His death occurred before a sale was made, and since that time the property has been tied up.

The other owners had petitioned the court that something be done with the land, as unpaid taxes, debts and other expenses were piling up, and the buildings deteriorating. They did not want an auction sale at the present, however, as they feared that its full worth could not be obtained. So the court selected S. L. Copeland as commissioner to either sell the property or divide it.

Besides the Lake Tahoma suit the following civil cases were closed with judgments as listed below:

A. Blanton Grocery Company against Pace Lumber Company, Ed. W. King and Curtis Candler. Judgment was returned against Curtis Candler to the extent of $1,175.53 and cost of action.

Farm Supply Company against Starling Ramsey. The jury ordered that Ramsey pay the Farmers Supply Company $136.59 plus costs of trial.

R. S. Clay against Clyde Garrison, suing for damage in a car wreck caused by the loose mule of the defendant on No. 10 highway. Garrison filed a counterclaim for the loss of his mule. The sense of the court was that neither party recover damage, while the plaintiff was assessed the cost of the proceeding.

The Marshall Lumber Company against E. C. Guy. The lumber company was awarded judgment of $248.90 from the defendant, who was also taxed with the costs of the trial.

George W. Sandlin against S. L. Whitehead and counter-action, neither party recovered damage and plaintiff required to pay the cost of action.

W. H. Watkins against C. B. Hogan and W. L. Mitchem. The plaintiff was awarded a $400.00 judgment.