MAY 9, 1938 – A 2,500 POUND STONE WORTH 6 CENTS

A letter from Orville J. Glerum of Evart dated March 22, 1938, and directed to Samuel V. Blair of Flint begins the matter.  The letter reads

       “You were at our office today and made inquiry about a certain stone.  Because of the  attitude which predominated your visit, the writer had determined, that the stone to which you referred is of such value that under no circumstance would any disposition of same be considered.

        I wish to inform you now that any trespass upon my property where stone is located is strictly forbidden.”

On reviewing an Affidavit for Writ of Replevin by Sam V. Blair, JP Kyle McKinnon issued a Writ of Replevin on April 1, 1938, for the seizure of “One stone with granite base and variegated formation on one side, weighing approximately one and a quarter ton” from Orville J. Glerum, apparently the owner of Northland Dairy Company, of Evart. The stone had been present on the street in Evart for over 20 years, however Orville J. Glerum seemingly with permission removed the stone and placed it as part of “water barrier wall” at the “summer cottage” property owned by his wife, Lottie Glerum, located in Clare County, Section 29, Garfield Township on 8 Eight Point Lake. 

On Clare County Under-Sheriff Deputy Henry Doll, ‘protected’ by a $2,000 bond provided without surety by plaintiff Blair, seizing the stone, it was appraised at $20 by E.B. Collins and Lance Thayer.   Under-sheriff Doll ‘returned’ the stone to plaintiff Blair.  The interest /ownership of the stone on the part of plaintiff Blair is not disclosed in the legal paperwork, however, in the opinion of this writer it may well be that plaintiff Blair had ‘second thoughts’ as to keeping the stone or for some undisclosed reason wanted to ’jab’ defendant Glerum.

Attorney William F. Umphrey, representing defendant Glerum, filed a Motion to Dismiss on April 12th challenging the service of process on defendant Glerum and claiming that the taking of the stone was “unauthorized”.   And, in defense of his taking the stone it was alleged that defendant’s wife, Lottie Glerrum had possession of the stone for 1 year and 8 months before the Writ of Replevin was issued, and that plaintiff Blair had orally given permission as to the taking of the stone from his lot as well as ‘permission’ being obtained from the town Marshall. 

Attorney Joseph K. Naumes appeared for plaintiff Blair and the matter went to trial.   At trial, plaintiff Blair waived any right to receive back the stone and requested that he receive the value of the stone as to which he claimed a “sentimental” value of $300.  Defendant Glerum claimed a value of $150.  JP McKinnon found in favor of defendant Glerum and against plaintiff Blair with nominal damages of 6 cents as to the value of the stone.  Plaintiff Blair appealed and filed a bond.  The Return of JP McKinnon was filed in Circuit Court on May 9, 1938.  Included in the case file is a photo of Evart (plaintiff Blair’s Exhibit #3) and the September 13, 1872 (date of filing), Field Notes of the Village of Evart, a plat description of Evart signed by Delos A. Blodgett and others (plaintiff Blair’s Exhibit #2).

Description of Eight Point Lake land – “Commecing at a point 54 rods and 10 feet South of Quarter Post on the North side of Section 29, Township 178 North, Range 6 West; thence South Six rods, thence West to waterline of Eight Point Lake to a point directly West from plaace of beginning, thence East to place of beginning, Michgan.”

The September 13, 1872 (date of filing), Field Notes of the Village of Evart, a plat description of Evart signed by Delos A. Blodgett and others (plaintiff Blair’s Exhibit #2) includes reference to 879 lots in the platted village, mention of a Main Street, Railroad Avenue, the [Muskegon] river, R.R. Grounds, seventh Street, etc.   Also a reservation of “One block or square . .  . set aside for church and school purposes and one for a public square”.

While on appeal in Circuit Court, on September 1, 1938, Lottie Smith Glerum (Charlotte E. Glerum, formerly Charlotte E. Seath), represented by attorney Umphrey, filed a Petition to Intervene.  Most likely the Petition to Intervene as a defendant along with her husband was because ownership of the Eight Pont Lake lot was in the name of Lottie Glerum and as it could possibly be deemed a part of the real estate, that is affixed and so not personal property, she would ‘own’ the stone.

The matter came to an end on the filing of a Stipulation signed  by the attorneys on September 6, 1938, stating a settlement had been reached, the lawsuit to be dismissed and discontinued, the Judgment of JP McKinnon  “declared  to be and is satisfied in full” – so it would seem that plaintiff Blair paid defendants Glerum 6 cents and costs and taxes of $10 and an attorney fee of $5; and, probably most importantly, defendants Glerum got the stone. 

A final question might be – Is the stone presently located at Eight Point Lake?  Perhaps this writer with take a field trip to see if it is yet located there.