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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 6, 1907)
THE OMAIIA' SUNDAY BEE: OCTOBER 6. 1007. REAL ESTATE ITT fROriCflTT rOB SALS. (Continued.) Very Low Prices, on the Fol lowing Properties 811 8. 35th Ave., 6-room, all mod ern except furnace, fine natural grove,, only half block from car, on the edge of the Field club district; price $2,600; easy terms. Near Bemls park, a large corner lot with three good cottages, renting for $37 per month; all In good repair; price $3,500. A snap. 924 N. 27th Ave., 7 rooms, bath, i:as, furnace, east front, half block Jiroru car; nonresident owner instructs us to sell. t once; house vacant, needs some- repair. Go and look at it and come in quick and make us an offer. Four fine brick houses in the Wt Farnam district, practically nf-w, rent ing for $2,100 per annum; price $20, 000. Splendid investment. Fine corner two blocks from city 'ball, bringing a good Income; nonresi dent owner will sell very cheap. PAYNE, BOSTW1CK 6k CO. Main Floor, N. YLife Bldg. 10 NET INVESTMENT Two houses, 6 and 7 foomi each, modern except furnace; one new, the other in excellent shape; walking dis tance; paving paid In full; cement walks, lawn; rent $600 per year. Price $5,000. This is a genuine snap and you must hurry if you get it. ERNEST SW'EET. 613 N. Y. Life. U) 87 t SALE CONTINUED. If you are not one of the lucky buyers of this BALK kX 1 KAOKDUN AK 1 , come be fore ttiey are all gone. Part of the time we are having more peo ple at the sale than we can wtil auend to. we are adding additional salesmen and a number of well satisfied buyers are the re suit. You can Just as well be another; wo are going to close out the rest at this sale, trices MO up. Think of It! Inside City of Omaiia. Terms on many, 1-10 cash and balance $3 per month, filgh and dry, clear to car 11.. t . w t tare, i teuis Conic w.tli your 81 and select your lot. You can never Have a belter chance. Take Florence cur to Elllston Ave., op posite main entrance to Fort Omuhii. Sales men on ground i p. m. to dusk on Monday, and Tuesday, October 7th and 6th. Office open Monday evening, 7;0 to 9:30 K.C.AL hSUlf, TliLtaillVf CO., Chae, E. Williamson. Pres. Ulil Farnam Si. U9)-o2 SILAS ROBBINS 5-Room. new cottage, modern except heat, 31 400, J20O cash. Silas Bobbins, Frenxer Blk. t (19)-879 6x MAKE US AN OFFER ON 3217 WEBSTER ST. im B nice rooms, all on one floor, nicely t4Jlercd and in fine condition, owner must ran at once, is asaing w.toj, dui win uim less for cash. See this at once. HASTING & HEYDEN. 1704 Farnam St. (19)- F1NE BIG HOME LITTLE MONEY 3334 SPAULDINO STREET T targe rooms, full south front lot, high and sightly, three blocks from Dodge street car. Modurn except heat, piped - for furnace, good repair. In first class repair. This house would cost (3.000 to build to day. Owned by a bank. They ask 32,600, no reasonable offer refused. HASTINGS A HEYDEN, 1704 Farnam flu 19- NEW 9-ROOM THOROUGHLY MODERN HOME Room for another room; first floor natural - oak polished; second, polished hard pine; " lull basement; soutn front on CENTRAL BOULEVARD Only 4 blocks to ST. JOHN'S PARISH school and Creighton university; Li IsLOCKB TO POST-OFFICE. L CONNER, Owner. 233 Neville Blk. $1,800 8-room house, good repair, partly modern, 26lh and Hamilton. Easy terms. M. FENGER, IZ S. Y. LIFE. Tel. Red 8217. (19) 901 4 FOR SALE 7 rooms, modern house, Just completed, lot 60 by 160, south front, all permanent sidewalk, half block from car line. 4S26 Seward St. Buy from owner. No commission. (191871 ( GOING TO CALIFORNIA? Will sell you my lot and furnished cottage at Avalon, Catallna island. Fine acreage, fruit or vegetable iana; is miles rrom los Angeles, V mile from electric car line. 160 acrea in Kern Co. These properties all clear, Will sell at reasonable price or exchange . for Nebraska property. S. Hawver. 1614 Emmet. 'Phone W. 867. (19)-Mi63 7 "trackaqe property To lease, 860 per month. 160 feet oa 81xth St., 177 ft. doep., on B. & M. railroad. ANNA V. M ETC A LP, 'Phone Doug. 672. 1234 So. 10th 8L (19) 481 OcU4 FOR 8 ALE A well built 10-room frame ' house, beautifully finished In hard wood; hard wood floors, mantels, modern bath - room, and conveniently arranged. Will ell at a very low price, to be removed from present premises by purchaser. Ad dress C C. Roaewater, Bee Bldg, Omaha. (1S)-M17 84.600 will buv elegant nine-room.' modern house at 414 North 31st St.; east front, paved street, permanent sidewalk; beautiful lawn ; large shade trers: rany l rms, if necessary. THOMAS BRENNAN. Room 1. .V Y. Life Bldg. (UD-781 R SALE Two beautiful lots on iilh and Elm: on grade, plenty of shade trees: ellhei' for business or residence properly 7?3 So, Sth St., 'phone Douglas 8606. J. B. Bond, direct from owner, no commission. (19) 484 BUT acres, sell lots and double your money In four years in Tacuma. the growing city; send for circular with ltt of acreage and the reason why. D. N. Jacobs. fsueSa C St., Tacoma. Wash. (l)-MtU tx 84 LOTS In Halcyon Heights, Benson, lying well, rlose to car lina; 20 minutes' rlus lo Omaha. W ill aell altogether or ia bunches of 6ve. For prices and terms a4 dreaa H 48, care Bee. (19-U7 LIST your property with Chla Boyer, M8 aod Cuming Buv U )! ' BUT THIS BARGAIN" Lot at JOtli and Fort street only iX a O. Koidqulat. Owner, 624 3. 8utb St. ' U8 Tils rOR SALE Ix 18. block 7. Cd St.. Hans- eont Place. dxuj; regular commlssloa te event Call IAS 8. felh bt. 'Phone Harney lu r y m. iij aiti t f . REAL ESTATE CITV PBOPEBTT FOR SALE. (Continued.! FIXE BUILDING LOTS Those fine south front lots on Doug las St., between 42d and 44th, are all Sold but two; they are the cheapest ...... lots in the West Farnam district to- .. . v flay, rnce reaur.ea to oou iur caen, sewer, water and gas in the street. Seven lots in Denman Place, 34th and Taylor Sts., for $200 and up; only one block from car. These lots aren going rapidly. ACREAGE 20 acres on Dodge St., well Im proved; will trade for good income property in the city. 10 acres, all in fruit, at 45th and Fowler Ave. (19)-. DEAL, ESTATE TITLE - T-tUST ( Q K CHA8. JS. WILLIAMSON, Pres. vvy. a 2M FOR SALE By the owner, a modern X room house. 1129 8. 2Sth, (19) M486x REAL ESTATE FARM AND H4.MII LAND FOR SALB. Callforalsu . i CALIFORNIA IRRIGATED LAND Valu able Information for homeseekers. Bulle tin Issued by National Irrigation congress on the great Sacramento valley mailed free. Drop postal to Chas. F. O'Brien, Dept. 163, 1107 Post St., Kan Francisco, Cel. -J Caaada. FARMS ON MONTHLY PAYMENTS. ic i,iir.t no taxes: 40-acre farms lor $20 cash, balance in 42 monthly Installments of ilO each; first-class lands In wheat belt in Manitoba; larger farina if desired; offer good for thirty days only; write for reporta nn lands and full particulara. Western Wheat Lands Co., Ltd.. Talbot St., London, Canada. (20) 797 Colorado. 10,000 AVCRES OF FARMING LAND IN COLORADO East of Denver offered as a WHOLESALE PROPOSITION At a special price and easy terms. Address, The W. F. Shelton Land Agency . Dept. ,,B", 318 So. 15th St., OMAHA, NEB. t ,' , a-M27a s AGENTS WANTED In every town In Ne- DrasKa to sen vuiornuo irnaBieu muu. aresa uuiuruuu opring jumu auu .ac tion Co., eCio Paxton Blk., Omalia, Neb. . (20J. 4a 6x Idahfe. nMR MILLION acres of irrigated land In the upper Snake river valley, idano, mo i cheapest land ana tne most uuunuuuv mr auoulv on the entire continent. Tre.?eL."y.s".,'jrte;n',f,rnS Alt IUCW II Ul. I."-".! J " " " " " I , climate. No destructive storms, no sero weather, no grain or fruit pests. Tne next big city Idaho Fans, laano. it is q lined to become the greatest railroad cen ter and the largest city In the state. For full particulars address Idaho Falls De velopment Co., Idaho Falls, Idaho. (20) Iowa. WESTERN IOWA corn land fot sale and exchange. Write H. L. Craven & Coi, Onawa. Ia. (20)-M6aa Q13x 160 ACRES In Harrison county. Iowat 110 acres In cultivation, balance pasture; fair Improvements; price, 8'6 per acre; In cumbrance, 86,000. Want stock of mer chandise for the equity. J. R. Ad kins, Room 4. First National Bank Bldg., coun cil Bluffs. Ia. , (20-7 Kaaaaav KANSAS LANDS Write for our complete list of Kansas lands. Agents wanted. Globe Land and Investment Co., Omaha. Neb. tSOi Msl UU FOR SALE Fine farms 1n eastern Kan sas. 40 miles south of Kansas City. Bar- twins, if you will see or write J. W. ewis. Louisburg, Kan. (2QJ M406 8x LINN COUNTY, KANSAS, LANDS. 200 acres. Improved, terms 850 160 acres, fine as silk 85 80 acres, close In 66 40 acrea. walking distance 20 bargains galors. M CAKTY & RENEAU, La Cygne. Kan. (20) M926 1ZX atlasaarL WHEAT. CORN AND ALFALFA LAND8 In southeast Missouri, lo farmers, horns seekers and speculators I wish to call your i attention to southeast Missouri lands as. the I best soil that money can buy; 1 am making specialty of Mississippi county land; i; i have farms all sizes and prices; my list Is too large to advertise, but if you are inter ested, write me for full description as to these lands that will grow 76 to 100 bushels of corn and 30 to 60 buahels wheat and 6 to T tons of alfalfa per acre. I can sell you land from 8J0 to (GO per acre, according to sue and improvements. Parties looking for homes or speculation will do well to let me know what they want. I have it from 80 to 2,000 acres, and prices are right. After reading this ad write me and tell me what you want and what you want It for, and I will put you on the right track, or If you can, call and see me. Full description of southeast Missouri lands mailed at your re quest. J. L. 8PKAGLE, 425 Chemical Bldg., fit. Louis, Mo, (20) 796 7x OZARK FARMS. In the clover and grass paradise of Mis souri, 135 miles southwest-of St. Louis, main line of rlsco railroad. 160 acrea, 3 miles from Hancock, Mo., on Fr.sco R. R. auJ 4Vi miles west of Dixon, Mo.; 116 acres In cultivation, balance in timber land: 6-room house, barn, smoke- bouse, poultry bouse and aheds; entire farm under new fence and crues-fenced; good spring; land is generally level or rolling. and is nice small farm: you will Ana this farm a bargain at H.6o0. Send for our de scriptive circular of many other Improved .uruis and timber lands. We also handle line soutiiern timber and plantation lands ana Illinois farms. PIOQUET-HARTRICH REALTY CO., 41 Liggett Building. St. Louis. Mo. (2u ,Di 6x 80 ACRES Douglas county. Missouri; 30 Deen cultivated; log buildings; .ci. B. F. i uwnaa, vaseiooaa. lowa. (W au tx Kearaaka. IXR SALE 240-acre farm 8H miles from town; nn rural route and telephone line; soil me-iium heavy and level,- 13) acres broke. 16 acres of alfalfa and red clover, 10 acrea of ash timber. Price for the next 20 days. 840 per acre, tasy terms. Ad dress Box 2. Orchard. Neb. J. C. Alex ander. CO) 401 Its flRSr-CLASS Nebraska farms and ranches for homes or investment, ttemla Omaha. F. D. WEAD has moved his office to Weed uuam. isto ana arnam sua. uu; oO REAL ESTATE rRM AND RANCH LAND FOR SALB TWO GOOD FARMS Must Be Sold WE NEED MONEY On account of building we are now doing here In the city, we muxt raise more money at once, and will sacrifice these two good eastern rwetiraska farms. No. 1-lbO acres located SH miles N. E. cf Plalnvlcw, Pierce Co., Neb. The 8. K. 1, 26, 28. 4. Every acre good land, fair lin itrnvemfintH: acres In nil t i vi t inn. 'M pasture, lo tame grass, 6 In yards grove, ! orchard, etc., all fenced and crossfenced; ( a good farm In a good country; mile to (school, rural mail service. Price, If sold soon. 47 6':. Buy this and save 12.000. No.- 2 NX) acres mile east of Meadow Grove, Mftdisnn Co., Neb. The 8. W. 4, 19. 24, 3. In the beautiful Elkhorn alley. Kxcept about 10 acrea cultivated, this is all in grass, lias been used for hay and town pasture. The Elkhorn river crosses the place from east to west, a little timber, enough for fuel and some could be sawed for improvements. The best of black soil. can practically all be 'farmed. If desired; nio acres south of the river, nearly all tamu grass; would make an Ideal dairy farm. his place is worth luo or any man s money, hilt in order to sell at nnce will take S2.D00 cash, subject' to mortgage of '.',5'i0. rKThllMiN B1U8., bJi Bee Bldg.. unna. (LUJ Ml TO TRADE Cheyenne county section for Omaha property. 640 acres fine land lib per acre. $6,400 Clear, for an Omaha resi dence property. Owner coming to Omaha to live. What have you? Payne Investment Co. First Floor N. Y. Life Bldg. (20) 8l STOCK FARM NEAR v ' OMAHA 812 acrea 26 miles from So. Omaha; adjoins (, Lincoln: ftrt .ere in ruitivtinn .hoot Sun acres tillable, balance timbered pasture, ! including large amount of walnut and ( ash; small house and other buildings; running water; high, sightly location for residence; a fine feeding farm or country home. Nothing as good, with such ship ping facilities, In eastern Nebraska for the price 146 cash per acre. No trades considered. , . J. H. DUMONT & SON - 1606 FARNAM ST. OMAHA, NEB. (20)- - LAND FOR OMAHA PROPERTY 640 acrea fine land near LODGE POLE, CHEYENNE COUNTY $10 per acre 86,400. To trade for house and lot In Omaha. What have yout Payne Investment Go., First Floor N. Y. Life Bldg. (20) 680 I 'own 3.000 acres of fine level land, rich, black soil. In Deuel county. Neb. Write for numbers and bargain prices. William Madgett, Hastings, Neb. (20) I OWN and offer 640 acres and 820 of choice farm land In Cheyenne county: Im proved farms adjoining, growing big crops.- I will sell at a great sacrifice if can sell at once. Harry B. Hunnlcker, ia bo. ittn Bt. (30) 74 sx I WANT to sell 8,000 acres of choice gras- ing land In Central Nebraska; will make It the beat land bargain to be found In - unuea dates in oraer to sell at once. 1 Address 1 347, care Bee. (20) 748 6x Aortfc Dakota,. , v . tti Why pay commission? I have two quarters for sale. Write direct "to the owner, Dr. o. M. Hart, Blunt, s. V. (20j M691 Mlseellaiieoaa. CHEAPEST lan.1 In U. S. for V4 the crop; no caan. XMat. invi. 1.0., ttrandeis Hlilg. f20 M302 O-' ANYONE having farm or small business tor sale, please write immediately- will deal with owner only. No agents. Lo cator Publishing Co., Department B, Min neapolis, Minn, (30) 814 6X REAL ESTATE FOR RENT Farm aaa Ramcki Lands. A 9S0-ACHE stock farm, on the Loup val ley, rive -miles rrom town, equipped lor feeding 600 cattle yearly; double set ,o' buildings In same yard; 870 acrea plow land, sixty acrea alfalfa, balance meadow and tame pasture; river front; 32,400 cash or will take a good man In on shares. Theodora Kelmers, Fullerton. Neb. t20 M74S 09 GOOD FARM to rent; 160 acres broken out. 40 acres hay land and pasture; one-third crop, rent, and 82 per acre for hay and pasture; party must come well recom mended. George W. P. Coates. Coleridge, Neb. (2D-864 REAL ESTATE LOANS LOWEST RATES Bemls. Paxton Block. WANTED City loans. Peters Trust Co. Uit JJ UNION LOAN INVEST. C0.,- 818 Bee ' Loans on Real Estate. Bldg.. Buy 1st and td mtges. 'Phone Doug. &04. (22)-M12 Oct tl, 000.000 TO LOAN on business and rehl- dence property in umana; lowest rates; no delay. Thomas brennaa. Room 1 N. T. Life. (22)-304 WANTED City loans and warrant W. Farnam Smith 6 Co.. lXiti Farnam St. LOANS on Improved Omaha property. u Havre . a. co., iwi z, V. Life Bldg. ilONEY TO LOAN in amounts of $600 to 5,000, on good real estate security. If you want the lowest rates, see ua at once. Money on band. Garvin Bros., 1604 Farnam St. (22)-9J2 8 LOANS on Improved city property. W. H. Thorns Uft First National Bank Bldg. (! 4U1 b00 TO 8fA00 TO LOAN at lowest rates; no delay. GARVIN BROS.. Iduu Farnam. (2i)-307 PRIVATE MOnAt-F. D. Wead. 1&I0 Doug. filJ-10S WANTrH-Bulldlnr loans. PAYNE INVESTMENT COMPAKT, TeU Doug. 1781. (21-727 18 8600 TO H4.000 TO LOAN Private money; a delays. J. H. Sherwood. 887 N. Y. L. CH M854 MONET TO LOAN Payne Investment Ca. (tfj-aos FARM mortgage of 82.000. i per cent semi, annually; also a city mortgage of 81.2U4, drawing ( per cent, for sals. Patterson, 1628 Partem St. (3) M441 88 F. D. WEAT has moved his office to Wead Building. 18th and Farnam Sis. (22-aci ! -M toii write to advert'sers remem ber It takes but an extra stroke or two of the pen to mention the fact that you saw the a4 ts iUe Sea. REAL ESTATE WANTED FORCED TO DO IT. Want to buy t, 8 or --room cottage, mod ern. In north part of city. Lu, E. Wlihar, 8423 Krsklne St., Monday after I o'clock, or 'phone Webster 3876. (231 9" x WANTED-lTO BORROW tl.onn FOR I to 5 years at 6 per cent; best real estate security. Address L 367, car Bee. (24) M935 WANTED TO BUY CASH paid for second-hand clothing, hoes, etc. 3us No. ICtb 8l. Tel. Red 326. . l3S-81i WANTED To buy second-hand furniture. I cook and heating stoves, carpels, lino- ' leums, omce furniture, old ciotnes and shoes, pianos, leathers, bed pillows, quilts ana an mnas or tools; or win puy ine furniture of your house omplete. The Highest prtcos paid, cull tne risiit man. Tel. Doug. Sua. 126) M45 Oct. 31 WANTED To buy, a second-ham roller top o flics desk. Address P &3, Bee. (26) M562 tx CASH paid for old books. Crane-Foye Cl, iti 8. I It aw Phone Douglas 1321. (2..J-119 WANTED Good buffalo head: advise con dition and cash price. C. C. Smith, lst Street, Pittsburg, Pa. (25) 846 Six WANJED WANTED Small furnished house or apart ment; two In family. Telephone Harney 8877. (26) 623 8x BACHELOR business man wants south front room, with private family In quiet neigh borhood, within 20 blocks from postofflce. Address F 311, care Bee. (26-M685 7x WANTED To rent, or buy on payments, 8 or 11-room house; modern or nearly so; convenient to Walnut Hill or Farnam car lines. Address J 314, Bee. (26)-M708 Tx GENTLEMAN and adult daughter want rooms and board In private family. Ad dress M 317, Bee. (26) WANTED Unfurnished room In modern house, near 24th and Farnam Sts., for a young lady. Address S 3.2, Bee. (26) M963 8x MAN. wife and son, 6 years old, want ROOMS WITH BOARD, vicinity of 16th and Locust streeta. It. R. Vorce, 2924 Bherman avenue. 'Phone Webster 4o6, office; Webster 1600, residence. . ' 8X " ANTED Room in private family by lady teacher; must be near car line. Address i SOU, )ee. (2b) Mm x WANTED SITUATION TOUNO man stenographer will be open for position about Oct. 1; has clerical experience; reterencea. Address L Ai. car Bee. (27) MtK WANTED Position as clerk In dry goods store In small town by young lady; ex perienced. No. Ib0, Stuart, la. (27)-M6C6 OSx WANTED By middle aged .gentleman, position as bartender; can give best of references. Address Q. T., 27a6 California St. (27) M6J1 6x WANTED Position as chauffeur, expert, would care for furnace also. Kef. fur nished, single. Address N 301. Bee. (2J) M6u8 9x MIDDLE aged lady wants i osltion as housekeeper for widower. Call Ash 17071, Council Bluffs. (27) Mj63 8x WANTED By experienced dressmaker, work to do by the day. Call on or ad dress 2808 Dodge St. Tel. Harney 3750. (27)-637 NovS A COMPETENT and refined young lady desires a position as housekeeper for an elderly gentleman with means and pleas ant home. Address 11 813, care Bee. (27) M708 7x MIDDLE AGED lady wishes position as housekeeper or care of Invalid; can give references. Address L 316, Bee. (27)-M715 7x rnt.T.mu anmrvT i.h.. .nrv hfnr. ; and after school In private family for board and room; can give references. Address G 312. Bee. (27) M 706 7x 1 WANTED Position as bookkeeper or office ; clerk; references furnished. .Address I N 318, care Bee. (27) 723 7x POSITION Experienced stenographer. Best references. Railroad work preferred. . 'Phone 3276, or address E 344. Bee. (27)-M899 8x EXECUTIVE man wants position; varied experience; understands organization and cost accounting: is ready to be Judged by results; thirty-five; married. Address A 340, care Bee. (27)-854 6x TOO LATE TO CLASSIFY FOR BALE CHEAP Royal Acorn No. base burner, and one 12-foot counter. 2813 Franklin street. (16) M973 8x LEGAL NOTICES LINCOLN, NEBRASKA SEA LED BIDS i will bo received by the unitei-slgned un- i til 12 o clock noon oi tne lotn day of Oc tober. 1907, for the erection and con struction of one (1) fireproof wing, one (1) cottage, and one (1) store room to be built on the grounds of the Hos pital for the Insane, Norfolk, Nebraska. Bids for the steam healing, plumbing and electric work to be taken separately. A certified check of 31.600 on a bank doing Business in l.incoin, neoristii, must accom pany each bid conditioned as set forth under IMIIUKI ttun fBv mo loi:ilIllcul sneoitlcutlons. The State Board of Public Land., and Buildings reserve the right to reject any or -all bids and waive defects In same. Plans and specihcatiuiia can be seen at -the ollice of the undersigned, state capi- iii uuuuiuB. ii..i.o. ., or ai me ofliceof the Hospital for tfte Insane at Norfolk. Nebraska, or at the office of the state architect, George A. Berlinghuf, rooms C0-o04 burr block, Lincoln. Nebraska, The state architect will upoa request, accompanied with a check or money order izations for private use for thoae de- siring them, and 8 of this amount will be . - reiuuui-u v"- ."imuuiii are JLNKIN, secretary or state. Old 6tt NOTICE OF BOND ISSUE NOTICS 18 hereby given that the Farmland, Fremont sad Railroad Drainage District Is about to Issue twenty-nve tnousand dollars of six per cent interest negotiable bonds pay. able In twenty equal annual Installments Ownera of real estate or an easement therein apportioned for benefits may pay to tne treasurer oi sam aisinct on or be fore sixty days from the date of the first publication of this notice, the proiKirtlan ate share of such bond issue properly chargeable against such real estate, nnd thereby exempt such real estate' from lia bility lor payment or oontis, and the amount of bond issue will thereby be re duced the amount of such "dvance pay ments. Date of first publication hereof September 14, 1907. Farmland. Fremont and Railroad Drainage District. By J. F. Han son. Secretary. HB-D2lt. REAL ESTATE TRANSFERS Alfred Thomas and wife to the John A. Creighton Real Estate and Trust company, lot 7, block 13, Kountse's 3d add 3 I Oeorge A. Magney and wife to N. S. Tttompson, ne. sw 26-16-13 8.7"0 Bame to A. C. Deln. nwl4 sw4 26-loll, and other land 7,bu0 Same to Hans L Anderson, sw"4 nw4 2o-l-12, and other land 7.6U0 Harry A. Tukey to August Kimlar, 4 sH lot V block 8, Shull's add.... J. 426 William 11. uawinn to riegina uraves, n wVt lot 61. Ulse's add Paxton Real Estate ecomvany to C. C. Nlelaon. lot &2 and s21 feet of lot 43, Keystone Park Anna M. Jennings to John C. Jen nings, nVi m lot 61, Olse's add Alfred I. Creigh to Rose E. Prall. lot 7. block 17. Orchard Hill Charles 8. Francis, executor, to Alice A. Havemeyer, w lot , block 8, Parker's add Creieh Hns ft Co. to Llllle M. Cole man. s20 feet of lot 4 and nls feet of lot &. block 4. Lakevlew George W. Cater to Maudana Beau, - lots 8 and JO, block I, Ijike James Park Paxton Real Estate company to Chris tina Oner. nl81 feet of lot 43, Key stone Park Edwin A. Coltrin and wife to Nor man L Trimble, lot 3. block 11, Myera. Richards 4k TUdeu's add 1.650 1.0&0 100 100 1.000 2.000 724J 30C Total... ...127.0C4 RAILROAD TIME CARD CNIOS STATION loth AltO MARCY. tlalee Pacta. Lear. Arrh The Overland Limited. .a l;M am a 8:40 pm The Colorado Express, a 3 o0 pro a Iwpm Atlantlo Express al'SOam The Oregon Express... a 4:10 pm aBKWpm The 1am Angelea Llm. al3:56pm a 815 pm The Fast Mall a 9 30 am aB:4fcpm The Callforn.a Express a 4:00 pm a 6S0 pm Colo.-Chlcago Special, al 3:10 am a 3:50 am Beatrice Local b 7:42 am b : pm North Platte Local a 7:42 am a :1 pm Chleaco lertSwMtera. Chicago Daylight a 7:05 am a11:Mpm St. Paul-Minn. Exp a7;Wam al0:00 pm Chicago Local all: am a 3 38 pta Sioux City Passengee..a -0 am a 1:2 ptn Chicago Passengei a :00 pm a 9:30 am Chicago Ppeclal a 9:00 pm I S:flm gt Paul-Minn. Llm a 8:2s pm a i:wam Lo, Angeles Limited.. .a 9:30 pm aiz wpm ,ai0:00pm a 8:29 am Overland Limited. Fast Mali a 1:04 am Sioux City Local.. Fast Mall ... t win City Lmltefi, Norfolk-Bonestcer Ltncoln-Chadron .. Dead wood-Lincoln Casper-Shoshonl ... Hastings-Superior Fremont-Albion ... ..tl:Mpm a 9:20 am a 196 pre ....a t JS pm a 7:40 am ....a r.40 am a 1:35 pm ....b 7:40 am all :26 am ....a 1:00pm a 1:36 pm ....a 8:00 pm all:Jam ....b 1:00 pm b 1:36 pm ....b 8:16 pm bl;46 pm Cklcaao Great Wntin. 6L Paul-Minneapolis.. . .7 t:S0pm I'M am St. Paul-Minneapolis.... 7:30 am II :85 pm Chicago Limited 8:05 pm 8:27 am Chicago Express 7:30 am 11:36 jm Chicago Express 8:80 pm 8:80 pro rhlcaao Mllwaok St. PaaL , Chicago & Colo, S'l....a 7:02 am all :60 pm Cal. & Ore. Express a :20 pm a 3:352pm Oveiland Limited a :bi pm a 8:80am Perry Local ...ae.ispm axu.juain Ckloaco, Ruck lalaa'sl tt Plale." EAST. Chicago Limited a 8:46 am all: 30 pro Iowa Local....! a 7:0" am a 4:30 pm Des Moines Passenger.. a 4. pm al2 :30 pm Iowa Local an :i am b 8:66 pm Chicago (Kaste'rn Kx.)..a 4:50 pm al:2ipm Chicago Flyer . .a 1:00 pm a 8:86 am WEST. Rocky Mountain Llm . . . . all :40 pm aS:S8am Colo, and Cat. Ex a l:St pm a 4:40 pm Okl. and Texas Ex a 4:40 pm a 1:45 Dm Llncoln-Falrbury Pass. .b 8:45 am bl0:lSam Miasonrl Paciae. K. C. 4 St. L. Kxp a 8:00 am a 4:56 am K. C. & dt. L. lbxp all:li pm . a 6:36 pro Nebraska Local a 8.-00 pm all:40am t mih. 3t. Louis Express a 1:30 pm a 8:30 am Bt. Louis Local (from Council Bluits) a 8:30 am all: 16 pm Stan berry Local (front Council Blufla) b 8:00 pm blOflS am mlnoia LemtraJ. Chicago Kxpiuaa a 7:20 am' a 3:46 pm Minn. & bu Paul Exp...b 7:20 am a 8:66 pm Culcago Limned a 6:W pm asUiOani Minn, at St. Paul Lmtd.a 8:30 pm a 8:80 ant BLRL1NGTON ST A. Barllngtoat. Denver tt California., Northwest Special..... Black Hills Northwest Express.. Nebraska points Nebraska Express.... Lincoln Fast Mall lOTH at MASO. Leave. Arrive. ...a 4:10 pm a 4:10 pm ...a 4:10 pm a 4:10 pm ...a 4:10 pm a 4:10 pm ...a:30pm a :46 am ...a 8:to am a 6:10 pm ...a 8:20 am a 6:10 pm ...b 1:46 pm al2:ll pm b 8:06 am a 8:00 nm Lincoln Local Lincoln Local. Louisville v Plattsm'thb 3:10 pm bl0:20 am Bellevue-Plattsmouth ..a 8:10 pm a 7:46 am Plattsmouin-iowa o w.ia am Bellevue Plattsmouth b 1:30 pm Denver Limited all :55 pm a 6:46 am Chicago Special a 7:00 am all:45 pm Chlcaao Express a 4:30 pm, a 3:66 pm Chicago Flyer a 6:80 pm A 8 30 am Iowa Local a 9:16 am all:) am 6t. Louis Express a 4:45 pm all :30 am Kansas City & St. Joe...alO:4S pm a 4:30 am Kansas City St. Joe. ..a 9:15 am a 4:10 pm Kansas City & St Joe.. .a 4:45 pm WEBSTER ITA, lBTfl WICBSTBIt Cntraao, ft Paul, Minaeapolla A Oaiaha. Leava Arrive. Twin City Passenger... b :3i am b 9:10 pm Ploux City Passenger. ..a :00 pm a11:!0am Emerson Local b 6:45 pm b 9:10 am Emerson Local c 8:45 am e 5:50 pm Missouri Paciae. Local via Weaplng Water Falls City Local ..a 8:05 am a 8:80 pm ..a 8:60pm a 11 :30am a Dally, b Dally except Sunday, c Sunday only, d Dally except Saturday. Dally ex cept Monday. . OCEAN STEAMSHIPS JAPAN, CHINA. PHILIPPINES, H0N9 , LULU AN9 AUSTRALIA By the Royal Mall Steamers of the Canadian Pacific Railway Salllnl from Vanoouver, B. C. Cosclla semes to ts Orlsat es or stMB rs, imprei of India, Emprom of Chins sa4 Kinprcat of Japas. Thaao gtaamara are the attest betvtci, Amorlcs ana Ui far aUab HI earner Monteafte, one class ef cabin paiwngars only, at Ik Intermedial rata fallings about erory ten (Jar. Iteamere Moau, Mlowera and Aorangt fora l be uulr bsn to Australia; oxeellsot sacosi Uitfdatloiia. Salllnge onca a mouth. For rates, lotoroaalioa ass literature, as pi to i.C.'Stuw. G;a. tl.. 1)1 i. Clirk St., Cklcai SUPREME COURT SYLLABI WU. Wheeler against State. Error from flnv lfflrm,H lurnM T I l. A complaint whlcn charges the defend- ont Bttll mrir flr nun v hrnk ne unri nnln,. Bni(iu a ri urfiTkttrlv o f the nivnip nsaaaH n-at aiieue tl.e value of tha nrnnertv stolen nr intended to be stolen.' And a preliminary ' examinatlon'on such a complaint will sus- tain a prosecution on an Information charg- Ing the aame facts, together with a value , ot the "property actually stolen, j 8. where, on the croaa examination of the prosecuting witness. It Is sought to j discredit him by attempting to show that , he has paid money to procure evidence i aKumBi ine ueieiiuani, lie may, on nis Tm ) ditcct examination, explain the tranaaction, ; under proper restrictions, by which It Is aoublit to discredit liliu, aitnougn suctt matter of explanation would not have been admissible in evidence on his direct txt- aiiilnation. 8. A judgment of conviction In a criminal case will not be set aside, because of con flic ting evidence, where the evidence of the slate. If believed Dy tne jury, ia sumcient to sustain the verdict. 4. An Instruction defining a reasonable doubt is not rendered prejudicial to tho defendant by the use of the word "fullv," as for example: "if the jury are fully satis fled to a moral certainty of the truth ot the charges mado against the defendant, i tor a itrm or years, reserving rent pay then they are satiHtleu beyond a reasonablo ' able In Installments, cannot declare a for- doubt." Such an Instruction la more iavor- able to the defendant than to the stele, 6. An instruction by which the Jury were Informed, "That It Is proper for them to consider the Interest that, a witness may be shown to have in the result of the case, his apparent capacity and understanding, the probability or Improbability ol his state ment, hla manner or giving testimony, ana all other facts and circumstances con nected therewith." cannot be aald to permit the Jury to go outside of the evidence in determining the weight and credibility of the testimony of the witness. o. It Is proper to refuse Instruction, tend ered by the defendant, which the court haa given in substance on his own motion. u67. State against Several Parcels of Land (Megeath and others). Appeal from Douglas. Affirmed. Good, C. Division No. 1. 1. in a tax foreclosure unufli wuai ia commonly called the "Scavenger Act," section 10.31 Cobbey's Annotated Statutes, makes the petition prima facie evidence of ihe legality of all the taxea and assess ments set forth therein and of the several amounts therein Uvied on behalf of the state, county or city; and In the absence of evidence to overcome such prima facie evidence, every step necessary to levy a valid tax will be presumed to have been Uken. ' t. Section TL article 1, of the constitu tion, which provides that. "The property ef no person shall be taken or damaged for public use without Just compensation therefor," does not require that payment shall precede thetaklng of the land for public use. It is left to the legislature to determine tit manner of the taking and the time and manner of payment. 3. The appropriation of private lands for boulevard purposes referred to in this action is governed by -section . 101b, chap ter 12a, compiled statutes, 1897. 4. Where two sections of the sums statute, one general and the other special, ralaia to the aame subject, the aneclel statute controls ae to the matters falling within Its provisions. (. Cltlea of the metropolitan class are liable to. the owners of property appro priated for paiks. parkwsys and boule vards, and a Judgment against the .city may be had for lie value of the property taken, held, that the previsions of section lulb. chapter 12m. compiled statutes. 1HU7, providing for the payment fer property appropriated for parks, parkway and boulevards, are not exclusive, and that the provisions of raid section together with the general liability of the municipality provide for a safe and adequate fund, to which the owners of property appropriated for boulevard purposes In cities of the metropolitan class may look for payment. t. Public parks belonging to a city of the metropolitan class are not liable to taxa tion, and cannot be taxed by the city for any special benefits supposed to have ac crued by reason of the establishment of a boulevard. . 7. ruder section 101b. chapter 12a. com piled, statutes, 197. special assessments may be levied to pay for property appropriated for boulevard purposes upon all property mat is specially benefited; and sucn special VhTnh"m.hl!r. 1!m'iH(l..PI",rhI ! which abuts upon, or la adjacent to, the boulevard 8. Rulings of the trial court In the ad mission and exclusion of evidence examined and held to be free from prejudicial error. I. Evidence; exarrlnPd and held to sus tain the findings and judgment of the trial court. 16077. Flmer Heldelbatigh against State of Nebraska. Error from Nuckolls. Re versed and remanded. Barnes, J. 1. In a prosecution for the crime of arson evidence describing the shoes worn by the accused and footprints found near the place wnere tne crime was committed Is proper and coVnpetent. But It Is error to allow the witness making such comparisons to express the opinion that the footprints were made bv the accused. 8. It Is not reversible error to fall to In struct the lurv on the subject of an alibi, wnere no request to charge upon that fea ture of the case has been tendered. 8. Evidence examined and held insufficient to sustain the verdict. v 150&4. Feddern aralnst State. Error from Cedar. Affirmed. Good, C. Division No. 1. l. wnere the record In a criminal prosecu tion discloses that the defendant was pres ent during the trial, but is silent as to whether he was present when the verdict was received It will be presumed that the verdict was properly received and that the defendant was present In court at the time. 1 In a prosecution under section 7170. Cobbey'a Annotated Statutes, for keeping Intoxicating liquors with the Intention of dlsnoslng of the same without a license. It Is competent, for a witness, who Is fa miliar with the taste of beer and has tasted some of the liquors seized, to testify that they tasted like beer. 3. In such nrosecuMnn It Is not wejudlclal error to admit testimony of keeping other liquors than those charged In the Inform, tion. when the evidence shows that the liquors charged In the information were kept for sale and were intoxicating. 4. In such nrnsecutlnna where the evi dence tenda to show that the liquors kept for sale under the names and labels of hnn sorts, cream of malt and malt extract were In fact beer It Is not error for the court to Instruct the Jury, ss a matter of law, that beer Is an Intoxicating malt liquor and Is within the meaning of the words, Intoxicating liquors, aa used in the statute. i . , , 6. It la not such misconduct of a Juror as will call for a reversal of the case for a Juror to state to his fellow Jurors during their deliberations upon the verdict, that he knew about the facts and had personal knowledge of the facts before he was ..1.1,1.4 a tnror. where, he does not dlS- lne.e In his fellow turorS the facts that were within his personal knowledge. 8. This court will not consider amaavus made after the trial to determine the ques tion of whether or not a Juror had made statements during the deliberations of the turv umn the verdlct.that were at van ance with his voir dire examination, when suuch voir dire examination Is not In the record, unless it Is shown that the com plaining party was prevented, without fault on his part, from having such examination taken and preservea in mo rero ije.77 Clark eveinKt riHjineie Ul CTl c Anneal' from Knox. Reversed. Duffle, nil.lAM XT n t a ..n to.' rAcm from the lien of a mortgage does not accrue to the mortgagor , until the mortgagee, takes possession of the premises after default In payment, and the action is not barred until ten yeana irom nm un nossesslon. 14896. Miller et al. against MoCannon. Appeal from Dawes. Anirmeu. cpyn.' r nivUInn No. 1. 1.' The practice in this state la that an action Including a counter claim sh.ul be tried aa an entirety and not as sep 2. If for any reason the defendant does not desire to have his counter claim disposed of In the action wherein 1t Is pleaded, he should move to withdraw it before tne nnai auDmission ox mi u. Jt nefpnilint nleaded a counter claim and, upon the concluaion of the plaintiff's evidence, moved for 4ind procured an order of the court directing a verdict fnr il.f.n.nt nnnn the olaintlft's cause of action. Held, that defendant was not entitled thereafter to Introduce e.vldence in nniva his counter claim: that the or der directing the verdict concluded the trial, and that aerenaani Dy muvina iur a directed verdict and obtaining a ravor able ruling thereon waived a hearing on his counter claim. 14897. Hessler et al. against Cady. Ap neal from Howard. Reversed and re. manrted Ames. C. Division No. 2. After the death of one to whom has been made a gift or loan, the distributive sharea of the children of the debtor or donee, aa heirs at law of the creditor or donor, cannot, without their consent, be diminished by charging a gift or loan aa an advancement to their ancestor. which has not acquired that character during tne lifetime oi tne latter. 14931. Haines against Haines. Appeal from Buffalo. Affirmed. Jackson, C Division No. 2. It is not error to deny a divorce from .the bonds of matrimony on the charge of extreme cruelty on the part of the wife' where the evidence of the husband as to alleged misconduct la not corroborated and discloses, at most, oc caalnnal 111 temper 14932. Butler against- Peterson. Ap peal Irom Rock. Remanded with dlrec Division No. 2. ITnon the facts disclosed by the ! record the title to the lands In con ' troversy U found to be In the plaintiff, I bu It seems that the defendant is en- titled to an accounting for taxea and mortgage Hens discharged by hlmsfl and his immediate grantor and to be subrogated therefor. 14934. Van Etten against Passumslo 8 Bank. Appeal from Douglas. Affirmed. Oood. C. Division No. 1 1. Where a husband purchases real es tate with tne intention of making It th family home - and has the title thereto placed In the name of his wife, the ore. ; sumption Is that it was intended aa a gift or an advancement to the wife 2. Where the title to real estate held In trust is- drawn into controversy In lltlga tion and tne trustee prosecutes or defend with the knowledge and consent of the . mjneiiuiary. me ueneuuiary win ds con eluded by the result of the litigation to the same extent aa the trustee. 14938. Moulton against Lawson. Appeal train Merrick. Reversed and remanded. Ames, uivision No. 3. i A grantee of lands subject to a lease ieuure ana recover tne premises Dy pro ceedlnts In forcible detainer, because of a default In the payment of an installment accruing to his grantor in which he has1 no Interest, and falling due before the ex ecution of his conveyance. ' 14634. Neeley against Trautwein. Appeal from Lancaster. Affirmed. Calkins. C Division No. 2. 1. Instructions must be considered to gether and their true meaning and effect must be determined by considering all that ia stated on each particulate subject or branch of the case. 2. Instructions examined and found not objectionable as giving undue prominence to portions of the evidence. 3. The question of the veracity of wit nesses ts for the Jury. 14938. Wicker against Moore. Appeal from Keyapaha. Affirmed. Calkins, C. Division No. 2. 1. One of four children who claim tinder' a will devlaing lands to auch of said chil dren as shall survive a period of ten years after the testator's death, cannot maintain partition agalnat hla co-devlaees before the .end of such period. 2. Where property ts devised In trust for minor children for a period of ten years after the testator's death, then to be di vided amongst such of his children ' aa shall survive the period, one of such chil dren cannot maintain partition during the exlnteace of the trust. 14941 Brandt against Olson. Appeal from Harlan. Affirmed on plaintiff a appeal. He versed on defendant's appeal, with direc tions Epperson. C. Division No. J. 1. To prove an implied dedication of a road to the public as a highway and the acceptance thereof by the public, It Is not necessary to prove tnat tne public authori ties have improved or repaired the road, where the evidence showed that It required no Improving or repairing te fit It for pub lic travel. 2. Evidence of ten years use bv the public of a road through cultivated land without substantial variance alLA - K- knowledge and acquiescence of the other tor a period of ten years raises the pre sumption of an Implied dedication ami atM ccpiance of such road as a public high way. It:. Lelby against State. Brror from Tltayer. Afiirmed. Karnes, J. 1. A county Judge, In committing a boy. who has been found guilty of a criminal onense. to the industrial school, is not re quired by Section V.M Cobb. Ann. Biatfv. . Iw4, to maae a written finding that tha accused Is a boy t sane mind and undor 1 years of age. 2. When, In such a case, the court make a written finding that "the accused Is a nt subject for I ne industrial ftchool," an8 ordera him committed to that Institution and the ag of the accused Is stated In the order, it will bo presumed, on error, and In the absence ol a direct showing to the contrary, that the court ascertained! and found all of the facta necessary t support the order. 8. A plea of guilty to a criminal conv plaint Is equivalent to a finding of guilt, and will sustain such an order, 4. In committing a boy to tpe Industrial school, the county court should not flsj a definite and determinate sentence. b ru"1 b released, and It Is st.mclenl , thBt re(,arj )f tne warrante of commit.. ment contains a statement of his residence and age. 6. in a proceed n In error, where tne record does not contain a copy of the warrant of commitment It will be preeumeii that such warrant conforms to all ot the requirements of the Jaw. 160u7. Warren sea list State. Krror front Douglas. Affirmed. Sentence reduced te ten years. Let ton, J. 1. When a plea of former jeopardy te made by reason of autrefois aqult, the test to determine the Identity of the two of lenses la whether the evidence, necessary; to convict In the second case was admla Bible under the former charge, related te the same crime and was sufficient to have warranted a conviction upon the former charge. If such a condition Is shown to exist the former acquittal la a bar to th second prosecution, but otherwise It wilt ' not operate to prevent prosecution upon another charge, even though based upoq, acta closely related In point ot time. 2. An acquittal of the defendant upon the charge of the murder of one Lausten held not to be a bar to a prosecution for the crime of robbery of Lausten committed at or about the time of the killing. 14898. Todd aaa nst City of Crete. Appeal from Saline. Affirmed. Jackson, C, !! vision No. 8. 1. A cltv of the second class of less than .0P0 Inhabitants Is authorised by the law of thla state to operate an eleotrio lighting; plant for municipal and commercial pure poses. x. wnera such city is-engajred in the one era tion of an electric lighting plant for commercial purposes, and one of Ita wlrea Is negligently left In a position to cause Injury to one who la without fault on hie part, the fact that such wire ws not In use at the time the accident occurred con stitutes no defense to an action for dam ages. 14X99. Monroe against ITuddart. Appeal from Otoe. Affirmed. Duffle. C, Division, no. i. n X. Alterations of anr sort made In a win by a atranger to It, without the knowledge of the testator, have no effect whatever, and the Instrument must be admitted t probate as It stood originally. Such, changes are a mere spoliation, and parol evidence will always be received to show. I.A . I I . 1 . - . I 1 1 I ...v w.iaiuei ljuiiieiiio Ul U1V will. X llie attestation clause Is not a neces sary or material part of a will, and the fact that the name of the testatrix ia In correctly given therein does not affect the validity of the will, and probate thereof? ahould not be denied where the subscribing witnesses are clear In their testimony that all statutory requirements were observed. in its execution. 14901. Rau acalnst Rau. Anneal from Douglas. Affirmed. Ames, C., Division 1. Oral testamentary arreementa must ba established. If at all, by clear and satisfac tory evidence or whlcn the record in thla case falls short. 14903. Elmore against McMillan et l. Appeal from Dawes county. Affirmed. Good, C. Division No. 1. 1. The decree of the district court rtla. missing plaintiff's cause of action will be aiurmea, wnere. tne record discloses that the only relief sought would have been against a nominal defendant who did not appear In the action and upon whom the record falls to show service of process. 8. Evidence examined and held: To sus tain the decree of the district court. 14903. OH earn air al nst the Hot- r.t xt-. braska. Error. Douglaa. Affirmed, and sen tence reaucea to lire imprisonment. Let ton, J. - 1. Statements or confessions made In the presence of one accused of crime, who re mains silent, are admissible In evidence if the time, the place and the circum stances are such as to lead to the Inference that the accused by his silence assented to mo nuui oi ma same. A statement made bv a nennn nni arrest charged with murder, upon a con fession by an accomplice being read to him, and on being asked by a poiloe office If ho wanted to make any statement in regard to It; that he would make his state ment at the proper time. or. that he would stand trial and tell his story then, held to show dissent rather than assent to the statement of his accomplice and not to render It admissible In evidence as a tacit confession. 8. When an accomplice has confessed and has gone upon the wltnees stand and testi fied to all the details of the crime, it i- error to allow a number nf nther wiin..... -who have heard him tell the aame story i. aiiuiiicr ume ana place, to repeat In detail all that he told aa to the occurrence. 4. Where a defendant voluntarily testi fies aa m witness In his own behalf and the facts testified to by him aa well aa other sufficient competent evidence, clearly show'' that he is guilty of the crime charged, a verdict of guilty will not be aet aside on account of errors In the admission ot evi- ' dence. L 6. Under the circumstances of the case. punianment of death held excessive and sentence reduced to Imprisonment for life. lftfot. Brewer against Brewer, Appeal Platte. Reversed and remanded with di rections. Calkins, C, Division No. ' 3. 1. A wife may bring a suit In equity te secure support and alimony without refer ence to whether the action la for divorce or not. t. Every wife Is entitled to a home cor responding with the circumstances and con dition oP her husband, over which she shall be permitted to preside as mistress; and shj does not forfeit her right to maintenance! by refusing to live In the home with and under the control of the husband's mother. 14908. Platte Valley Milling company KBainoi oiaimaien. Appeal, uawson. Ke- versed and remanded with directions. Cal kins, C, Division No. 1 1. The filing with the treasurer of k tax list without the warrant required by section 83 of the revenue law of 1878 does not create a Hen upon the personal property of the person assessed under the provisions of section 138 of the same act. The word "tax books" In the latter section held to mean the tax list with warrant attached. 2. The lien of a chattel mortgage taken be fore the tax books were delivered to the treasurer, Is superior to the lien for taxea for that year, created by such delivery, un der the provisions of section 139 of the revenue law of 1879; but Inferior to the Hen for subsequent years. Wooisey against Shamberlatn Banking House, 70 Neb., 194. 97 N. W. 241 followed. 3. An offer to do equity Is only required to be msde In the petition In thope cases where an equitable duty or obligation reste upon the plaintiff, and where such duty or obligation could not be enforced by tue) court except for such offer. 149e. Phillips against Reynolds. AnneaL Thurston. Reversed and remanded. Good. C. division No. 1. l. An Indian may recover In an action fer mesne profits the rental value of lands al io ted to Mm by the I'nited States govern ment, from a person who has used and oc cupied the same under a lease that is void because not sanctioned and approved by the officers of the Interior department. I. petition in this action examined and held sufficient to sustain an action for mesne profits. H')10. Phillips against Reynolds. Appeal, Thurston. Reversed snd remanded. Good. C. division No. 1. 1491b. Yaryan against Taryan. Appeal, Cherry. Affirmed as to divorce and cus tody of children, reversed as to alimony. Duffle. C., Division No. 1. 1. Where the evidence In the record la not sufficient to fully Inform this court of the value of the husband's property, and the trial court In granting a divorce to the wife awarded alimony groaaly in ex cess of what should be allowed; considering the value placed upon the property of the husband by its special findings, the case will be remanded for the purpose of tak ing further evidence and for a further finding relating' to the amount of property owned by the husband, whether he has an equity in property alleged to have been conveyed by him to defraud the wife of her marital rlghta in such property. 14K3D. Nelson et al against Nevels et si. Appeal, Platte. Affirmed. Ames, C. Divi sion No. 3. 1. In a suit by s married woman in be half of herself and minor children under the statute relative to the aale of Intoxi cating liquors lor damages due to the in capacitation of the huaband and father the gist of the action is the loss of tlie mesne of support and not any personal Injuriea he may have suffered aa a result of In toxication. The Bee Wi 44s r tne Beat BuaV asss Boostcisb 1