John Peter Knoll and Katherine Hoffman

1. Knoll, Anna, "John Peter Knoll and His Family," biography.
2. Author unknown, "John Peter Knoll," biography.
3. "Willibald Braun," biography, posted by bjphlieger29 (Ancestry), Plainville, Kansas.
4. Transcript of taped interview of Jacob Mahler, interviewed by grandson Frank Jaycob Boyd, transcribed by Michelle A. Boyd.
5. Newspaper clippings, correspondence, funeral programs, and prayer cards found in a manila envelope formerly in the possession of Florence (Mahler) Boyd.
6. Copies of St. Fidelis Catholic Church, Victoria, Ellis, Kansas church records from the files of Darryl W. Boyd.
7. Passenger List for the Köln, sailing from Bremen to Baltimore, 1913, photocopy of list from the files of Darryl W. Boyd.
8. Photocopies of naturalization records for Jacob Mahler from the files of Darryl W. Boyd.
9. Photocopies of death certificates for John Peter Knoll, Katherine (Hoffman) Knoll, Rosie C. Mahler, and Jacob John Mahler from the files of Darryl W. Boyd.
10. Rohleder church records in the Saratov Province State Archive, research by Dr. Igor Pleve, November 2019, translation by Wadim Eichmann.
11. "Married," Hill City Republican (Hill City, Kansas), 17 Nov 1921 (Thursday), p. 1.
12. "Pitchfork Attack Brings Charges," Denver Post (Denver, Colorado), 29 Nov 1933.
13. "Denver Sues to Recover Relief Spent on Family," Denver Post (Denver, Colorado), 25 July 1934.
14. Year: 1876; Arrival: New York, New York; Microfilm Serial: M237, 1820-1897; Microfilm Roll: Roll 405; Line: 9; List Number: 704, Ancestry.com. New York, Passenger Lists, 1820-1957 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010.
15. Year: 1892; Arrival: New York, New York, USA; Microfilm Serial: M237, 1820-1897; Line: 1; Page Number: 12, Ancestry.com. New York, U.S., Arriving Passenger and Crew Lists (including Castle Garden and Ellis Island), 1820-1957 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2010.
16. Ancestry.com. Missouri, Western District Naturalization Index, 1848-1990 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
17. Dewey, Thomas Emmet (reporter), Reports of Cases Decided in the Courts of Appeals of the State of Kansas, Vol. 7, February Term, 1898, Topeka, KS: J.S. Parks, State Printer, 1899, pages 352-363. (Available on Google Books; also available in The Pacific Reporter, March 3-May 19, 1898, St. Paul: West Publishing Co., 1898, pages 619-623, at Google Books.)
18. Ancestry.com. U.S., World War I Draft Registration Cards, 1917-1918 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2005.
19. Ancestry.com. U.S., World War II Draft Registration Cards, 1942 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2010. Original data: United States, Selective Service System. Selective Service Registration Cards, World War II: Fourth Registration. Records of the Selective Service System, Record Group Number 147. National Archives and Records Administration.
20. Tenth Census of the United States, 1880. (NARA microfilm publication T9, 1,454 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.
21. United States of America, Bureau of the Census. Twelfth Census of the United States, 1900. Washington, D.C.: National Archives and Records Administration, 1900. T623, 1854 rolls.
22. Thirteenth Census of the United States, 1910 (NARA microfilm publication T624, 1,178 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.
23. Fourteenth Census of the United States, 1920. (NARA microfilm publication T625, 2076 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.
24. United States of America, Bureau of the Census. Fifteenth Census of the United States, 1930. Washington, D.C.: National Archives and Records Administration, 1930. T626, 2,667 rolls.
25. United States of America, Bureau of the Census. Sixteenth Census of the United States, 1940. Washington, D.C.: National Archives and Records Administration, 1940. T627, 4,643 rolls.
26. Ancestry.com. Kansas, U.S., State Census Collection, 1855-1925 [database on-line]. Provo, UT, USA: Ancestry.com.
27. Ancestry.com. Kansas, U.S., City and County Census Records, 1919-1961 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.
28. 1951 Waukegan, Illinois, City Directory, found in Ancestry.com. U.S. City Directories, 1822-1995 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011.
29. "United States, Obituaries, American Historical Society of Germans from Russia, 1899-2012," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:QVS3-TXZM : accessed 21 January 2016), Adam J P Knoll, 28 Aug 1966; citing Obituary, in "Hays Daily News"; American Historical Society of Germans from Russia, Lincoln.
30. Obituary of Peter J. Knoll, The Morland Monitor (Morland, Kansas), Thursday, 29 Sep 1955, page 3.
31. Obituary of Mrs. Williebald Brown, posted by bjphlieger29 (Ancestry), Plainville, Kansas.
32. Rocky Mountain News, 12 Nov 1988, "United States, Obituaries, American Historical Society of Germans from Russia, 1899-2012", index, FamilySearch (https://familysearch.org/pal:/MM9.1.1/QVS3-SR3Z : accessed 19 Jul 2014), Jacob J Mahler, 1988.
33. Denver Post, 6 Dec 1988, "United States, Obituaries, American Historical Society of Germans from Russia, 1899-2012", index, FamilySearch (https://familysearch.org/pal:/MM9.1.1/QVS3-SR3L : accessed 19 Jul 2014), Jacob John Mahler, 1988.
34. Prayer card, Anna Barbara (Knoll) Braun, Findagrave, image uploaded by bjphlieger, 14 Jul 2015, retrieved 20 Jan 2016.
35. Ancestry.com. U.S., Social Security Death Index, 1935-2014 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2011.
36. Gravestones of John Peter and Katherine Knoll, Andrew Knoll, and Rose and Peter J. Knoll, Saint Anthony Cemetery, Graham County, Kansas.
37. Gravestone of Anna, Willibald, and Joseph F. Braun, Saint Fidelis Cemetery, Victoria, Ellis, Kansas.
38. Gravestone of Adam J. P. and Agrippina Knoll, Ascension Catholic Cemetery, Libertyville, Lake, Illinois.
39. Gravestones of Mike J. and Mary Knoll, Jacob L. and Anna K. Dreiling, and Jacob J. and Rosie K. Mahler, Mount Olivet Cemetery, Wheat Ridge, Jefferson, Colorado.
    

John Peter Knoll and His Family

by Anna Knoll

John Peter Knoll, the second child of Adam Knoll and Catherine Pfeifer, was a prominent farmer at St. Peter, Kansas. Born in Herzog, Russia, on November 12, 1862, he came to the United States with his parents in 1876 at age 13. Because he did not have the opportunity to attend school either in Russia or the United States, he was illiterate. His illiteracy did not prevent him from becoming a prosperous farmer in that he learned to acquire and manage his farms and protect his interests in the school of hard knocks.

On June 20, 1884, John Peter and Catherine Hoffman, the daughter of Johannes Hoffman and Catherine Margaret Bach*, were married in St. Fidelis Church at Victoria. Five of their eight children: Michael, Peter, Anna Barbara, Mike, and Katie, were born at Victoria, and three: Andrew, Adam, and Rosie, were born at St. Peter. Their oldest son, Michael, who died at age five, is buried at Victoria.

When John Peter Knoll and his family moved to St. Peter with his parents and three brothers and their families in 1897, they settled on a farm in section 14-10-25, which is 1/2 mile east of St. Peter. Their house was on a hill on the south side of the road.

After having lived in a sod house six years - from 1897 to 1903, they built a frame house. John Peter and his wife lived in the frame house from 1903 until they died many years later. John Peter died in St. John's Hospital at Salina on September 11, 1920, and his wife, Catherine, died at a Hays hospital October 8, 1924. Both are buried in the cemetery at St. Peter where their son, Andrew, who died in his childhood, is buried.

Besides the place where the family lived, John Peter also became the owner of other land east of St. Peter near his homestead. He bought land in an adjoining section - in section 13-10-25 - and got the 80 acres of land near his home his mother Catherine Pfeifer Knoll owned at the time of her death in 1914. Sometime after she became a widow, his mother moved in with John Peter and his family, and stayed with them until she passed away.

After John Peter and Catherine's three sons, Peter, Mike, and Adam, got married, each of them got some of the land John Peter and his wife owned. Peter, the oldest son, got the farm formerly owned by Catherine (Pfeifer) Knoll. When Peter sold this land in 1929 when he and his family moved to Colorado, Alex Knoll, the writer's brother, bought it. Mike got a quarter in section 13-10-25 after his marriage which his brother, Adam, bought from him in 1939. After the death of John Peter's widow, Catherine, Adam became the owner of the home place - 14-10-25 - and 80 acres in 13-10-25. Adam and his family lived on the home place from the time of his marriage to Agrippina Weigel in December 1923 until he and his family moved to Waukegan, Illinois in 1937. However, Adam continued to own this property from the time of his mother's death until his death in 1966, and he also kept the land he bought from Mike in 1939. Two years after Adam's death in 1966, Adam's wife, Agrippina, gave this land to their two sons, Gilbert and Elmer.

Note: Church records in Russia show that Catherine's mother was Anna Eva Schönberger, not Catherine Margaret Bach. MB

John Peter Knoll

(author unknown)

John Peter Knoll, the second child of Adam Knoll and Katherine Pfeifer, was born in Herzog, Russia on November 12, 1862. He was a prominent farmer at St. Peter, Kansas when he died at St. John's Hospital at Salina, Kansas, on September 11, 1920, at the age of 61 and 10 months.

When he came to the United States with his parents and his brothers in 1876, he helped his father on the homestead north of Victoria, Kansas. Although he was very young (not quite 14), his father needed him to help him with the farming. At that time his oldest brother Michael was working for a rancher at Victoria, Kansas, and his father often worked on the Railroad to support his family and to raise money to help pay the train fare of relatives who wanted to come to the United States from Russia.

On June 20, 1884, he married Catherine Hoffman (she was nearly 17) in St. Fidelis Church at Victoria. Five of their eight children were born at Victoria, Kansas. The oldest son, Michael, who died at age five, is buried at St. Peter. Two other children were born at St. Peter.

After moving to St. Peter when his parents and brothers moved to St. Peter in the summer of 1897, John Peter and his family made their home about one mile east of St. Peter. They lived on a hill on the south side of the road. Their first home was built of sod, and after they became more prosperous, they built a frame house in the village of St. Peter. All of John Peter and Catherine's children, except Rose (the youngest), were married at St. Peter. Rose was married at St. Catherine in Denver, Colorado.

The descendants of John Peter Knoll and Catherine Hoffman live in Kansas, Colorado, Illinois, and Arizona.

Willibald Braun

posted by bjphlieger29 (Ancestry), Plainville, Kansas

Most stories about Willibald Braun told by relatives have been very unpleasant accounts.  Unfortunately, most people can not speak of him as a very nice man and he was disliked by many throughout the community.  I am sure that good memories did once exist, but there is no one left to tell us about them.  Therefore, I am simply telling what I have been told because it is all we know.

When Willibald was married to Anna Barbara (Knoll) his second wife, he was often unemployed and known for having a bad habit of drinking.  Because he was often without a job, he was unable to provide for his wife and children.  The family received welfare checks once a month to help them get by, but Willibald would take the money and drink it away.  Anna began to have the welfare checks sent to Willibald's nephew, Adam Braun and his wife Clementina, so that the money could be used to support the family.  Another story told is that when his sons became of adult age before entering the service, he took money from them which they had earned for a days work.

He had about 6 or so friends, some of which might have been relatives, that he would get together with during the summer months.  They would congregate in someone's back yard or garage and play cards, smoke cigars, and drink beer or whiskey.  The smoke was so thick from their cigar smoking that one could hardly tell who was who.  They did their spitting in coffee cans and it drew in the flies really bad.  Willibald got pretty high and when he arrived home, he took it out on his wife Anna.  He was known for having a violent temper, and on one occasion, he broke dishes by throwing them out of the cupboard.  This behavior could have been brought on by Anna not having his dinner ready for him.  He was also known to use physical discipline on the boys, even after they outgrew childhood.

Transcripts of an Interview with Jacob John Mahler by grandson, Frank Jaycob Boyd

...

DID YOU MEET GRANDMA WHILE YOU WERE WORKING AT THE RAILROAD OR FARMING?
Farming. I worked for her mother. She hung on to me, take care of me, let nobody happen, nobody say anything. She was my protector. She had me, and nobody was nothing to do. What she said, and I done that, and that was it.

AND THEN YOU ASKED HER TO MARRY YOU?
Ya, but one time her oldest brother, he was out here, Mike, her oldest son. He says, "Mama, if you was a little younger you would have married Jake! That's what he said.

THAT WAS GRANDMA'S BROTHER?
Ya, Mike, he says, "If you were younger, you would have married Jake." That's how I got my shot whiskey every day!

WHO GAVE IT TO YOU?
Mama...Mama's mother! Every lunch, you know, when you go out harvesting, you get a lunch. Ten o'clock, and two o'clock, you get a lunch, and then's when I got my shot every day!

THEY BRING THE LUNCH TO YOU?
Ya, they were not in the house. They were out in the field and you couldn't afford to chase them guys' horses home. And they stopped, rest the horses a little bit, and eat.

HOW LONG DID YOU WORK? WHEN DID YOU START IN THE MORNING?
Oh, about 7:00...7:30. End of the day, 4:30, 5:00.

AND YOU STOPPED TO EAT TWICE?
Uh huh. We eat. At noon we have a heavy eat. Two o'clock, we got a little sandwich, on a piece of bread with a piece of meat in there, and the same way at 4:00, they had a doughnut or something. You know at that time they baked a lot of stuff, and you got something like that.

AND WHEN YOU QUIT AND WENT HOME FOR THE NIGHT, DID YOU EAT WHEN YOU GOT HOME AGAIN?
Oh, ya! You get hungry. I didn't have no dry clothes on when I got back!

YOU SWEAT LIKE MAD, HUH?
Ya, and my wife, she load the box, you know, she load the box and the elevator, bring it up, and she load it, and I unload it. And her brothers they were on the stack. You know, build the stack. Oh well, that's a long time ago, and a lot of work.

TELL ME ABOUT WHEN YOU AND GRANDMA GOT MARRIED. WHERE DID YOU GET MARRIED?
Where'd I get married? Down in the same place, in the church.

WHERE DID YOU GUYS COME FROM TO DENVER?
Hayes. At Hayes, you know, Hayes. In St. Peter, that was Mama's home.

AND THEY LIVED IN ST. PETER?
Uh huh...No! They don't live in St. Peter, they live on the farm, but they had a little home in there, a little house, in St. Peter. They cook, and eat, and whatever they had to do, and repair sometime. You know they sent for repair and that's where the repair go to in St. Peter.

YOU WENT TO THE LITTLE CHURCH IN ST. PETER?
Oh, ya!

WHAT DID THE LITTLE CHURCH LOOK LIKE?
That was a wooden frame, and they tore it down, and build a brick one, a brick church.

ON THE SAME SITE?
On the same place, but they tore it down. You know them old homes, they got old, and couldn't keep up the repair any more. They didn't hold together anymore.

COULD YOU BUY WHAT YOU NEEDED IN ST. PETER?
Ya, they had a couple stores. Whatever you want to buy, whatever you needed to buy there.

WHY DID YOU COME TO DENVER?
Well see, in the fall, the work went down on the thrashing machine. Well, I had a friend with me, he was a neighbors in the old country. He had uncles over here, oldtimers, old guys come over here in 1912, a long time ago. And he went there, and he stayed there. Well, when it was raining, or bad weather, and we couldn't work on the farm, we went over there. If you didn't go, where we stayed, they always said, "Go over there", and we all want to go, and the whole bunch go over there. They played cards, and they drink beer, whiskey, had a good time. You know, not a rough time, a good time. We came here to Denver looking for work, see.
...

WHEN DID GRANDMA COME OUT? YOUR WIFE?
Oh, my wife, didn't come out. That's when I worked. I was single then. I worked there a long time, see. Four or five years, then. See when I went out there, and the people found out who I was, and what I do, my people who I work for, he told me who I was, and what I do. Everybody wanted me to go, and finally I go out there, and...I don't know, her brother Mike, Uncle Mike, I call him, he was out there looking for a man, and you know they talk. We were staying there together. Well, you know we were all staying together, looking for work. OK. I don't know what I say. He came, Mike, he says, "You have a job?" I said, "Not right now, but I get one here in no time, in a day, or so I get one." First thing I know I got...girls. I got three girls, sisters. I says, "You going to hire me?" He did! Honest, he did! That's when I got hooked to Mama.

SHE STARTED TO BRING YOU LUNCH OUT TO THE FIELD?
No, she was in the header box with me. In the box. She drove the horses in the box, and I load the box, and unload it.

SHE WORKED OUT THERE WITH YOU?
Uh huh. She worked right there with me.

BUT YOU STILL WEREN'T MARRIED WHEN YOU CAME TO DENVER?
No.

WHAT DID YOU DO, SEND FOR HER?
No, I went out there every year...eight years. Back and forth, all the time. All eight months, I think...in 1920, fourteenth of...you know.

AND THEN YOU GOT MARRIED HERE IN DENVER, AT THE CHURCH?
Uh huh. Oh ya, St. Elizabeth's Church, down here. Oh that priest, he died, but he talked to me, and, that man of Christ, he just fall for me, that priest in the church. And I said, "Father, I don't know, could you marry me?" "Oh, yes", he said, "Sure! Yes! Who ya got?" I says, " I don't know who I got, but I show ya! I show ya who I got!" And then I went out and harvest, and done the harvest, done the machine, and then, I and Mama went on the train. We came to Denver.

THEN YOU GOT MARRIED RIGHT AFTER YOU GOT HERE?
Ya. I came in the day, and a couple days later, I got married.

HOW COME YOU GOT MARRIED HERE, AND NOT BACK THERE?
I don't want to tell you! No, her mother wanted me, and her brothers didn't want me.

OH, THEY DIDN'T LIKE YOU?
No. They didn't like me, and my brother didn't like them. They were against each other all the time. And I said, " Brother, you know when you get married, you got a lot of life! A good life! When I'm like you, you're single. You run around. I don't want that!"

...

Images of the marriage certificates are shown below as thumbnails. Click on each of the thumbnails to view a larger version of the certificates in another tab.

Handwritten note from Mr. and Mrs. Jacob Dreiling (probably to niece, Florence (Mahler) Boyd)

Source: Note found in a manila envelope formerly in the possession of Florence (Mahler) Boyd.

Images of church records are shown below as thumbnails. Click on each of the thumbnails to view a larger version of the records in another tab.

St. Fidelis Catholic Church, Victoria, Kansas

Source: Copies of St. Fidelis Catholic Church, Victoria, Ellis, Kansas church records from the files of Darryl W. Boyd.

Hoffmann Katharina 20.03.1867
Column 1: Hoffmann
Column 2: 60 (Index of record in current month)
Column 3: 20 (day of birth)
Column 4: 23 (day of baptism)
Column 5: 23.03.1867 in Raskaty (Rohleder) Romic Catholic Church the baby named
Katharina is baptized by administrator priest Turczynski (Alexander Tortschinski)
with the performance of all rites of the sacrament.
Column 6: Colonists Johann Hoffmann and Anna maiden name Schönberger, legal
spouses's daughter was born 20.03.1867 in Krutoyarovka (Graf).
Column 7: Receivers were colonists Konrad Bach with spouse Katharina Schönberger.
Column 8: Witness was colonist ??? Glassmann.

Source: Rohleder church records in the Saratov Province State Archive, research by Dr. Igor Pleve, November 2019, translation by Wadim Eichmann.

Images of newspaper articles are shown below as thumbnails. Click on each thumbnail to view a larger version of the article in another tab.

Hill City Republican
(Hill City, Kansas)

Denver Post
(Denver, Colorado)

Images of immigration records are shown below as thumbnails. Click on each thumbnail to view a larger version of the record in another tab.

Passenger List for the Mosel, sailing from Bremen to New York, arriving 29 Jul 1876

Source: Year: 1876; Arrival: New York, New York; Microfilm Serial: M237, 1820-1897; Microfilm Roll: Roll 405; Line: 9; List Number: 704, Ancestry.com. New York, Passenger Lists, 1820-1957 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2010.

Passenger List for the Elbe, sailing from Bremen to New York, arriving 10 Mar 1892

Source: Year: 1892; Arrival: New York, New York, USA; Microfilm Serial: M237, 1820-1897; Line: 1; Page Number: 12, Ancestry.com. New York, U.S., Arriving Passenger and Crew Lists (including Castle Garden and Ellis Island), 1820-1957 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2010.

Passenger List for the Köln, sailing from Bremen to Baltimore, 1913

Source: Photocopy of a passenger list from the files of Darryl W. Boyd.

Images of naturalization records are shown below as thumbnails. Click on each thumbnail to view a larger version of the record in another tab.

Missouri, Western District Naturalization Index

Source: Ancestry.com. Missouri, Western District Naturalization Index, 1848-1990 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.

Naturalization papers for Jacob Mahler

Source: Photocopies of naturalization records from the files of Darryl W. Boyd.

The First National Bank of Russell v. John Peter Knoll et al.
No. 126

1.    Pleading and Practice—Defect of Parties—Demurrer. A demurrer on account of a “defect of parties” plaintiff is given by law for a defect and not for an excess or misjoinder of parties. A misjoinder of parties plaintiff is not reached by a demurrer. The petition states a cause of action—but one cause of action; therefore the demurrer was properly overruled.
2.    —Demurrer Properly Overruled, When. The demurrer to the evidence was properly overruled for the reason that the evidence fairly tended to prove all the allegations of the petition and made a prima facie case.
3.    —Instructions Refused—Estoppel—Homestead. Instructions requested by plaintiff in error examined, and held, that the court properly refused to give the instructions asked, for the reason (1) that such instructions were not applicable to the facts in the case; (2) that there is no such rule of estoppel as contended for; (3) that the homestead comprises a part of the lands mentioned; the instruction is inapplicable to such portion, and was therefore properly refused.
4.    —Motion to Strike Out—Immaterial Evidence. The motion of plaintiff in error to strike out evidence should have been sustained; the evidence was immaterial; it could not in any manner affect the substantial interests of either party to the case. The refusal to strike out the same by the trial court does not constitute such error as to require a reversal of the case.
5.    —Exceptions Unavailable—Inquiry Immaterial. Exceptions will not be available to a party where both plaintiff and defendant participate in the introduction of evidence concerning a controversy which is wholly foreign to the triable issues in the case, and where the whole scope of such inquiry is immaterial and therefore cannot affect the substantial rights of either party.
6.    — —Failure to Designate Portion of Record. Exceptions to the refusal of the court to sustain an objection to evidence, or to strike out improper evidence, will not be considered by this court where the party objecting fails to designate and point out the portion of the record in which such evidence and exceptions can be found.
7.    —Evidence Examined, Held Sufficient. The evidence examined and found to very satisfactorily establish that Knoll and his mortgagees are the owners and entitled to the possession of the property in controversy.

Error from Ellis district court; Lee Monroe, judge. Opinion filed March 4, 1898. Affirmed.

A. J. Bryant, and H. G. Laing, for plaintiff in error.

David Rathbone and Reeder & Reeder for defendants in error.

The opinion of the court was delivered by

McElroy, J.: This action in replevin was commenced by John Peter Knoll to recover the possession of certain wheat and grain in stack on the farm of Adam Knoll, the father of John Peter. Thereafter, before answer day, Alexander Phillip and Tena Knoche, as mortgagees of John Peter Knoll, were made parties, and the plaintiffs filed an amended petition alleging that John Peter Knoll was the owner of the property and entitled to the immediate possession thereof; that the defendant T. K. Hamilton, as sheriff, unlawfully seized and unlawfully detains the possession of the property from John Peter Knoll; that Tena Knoche and Alexander Phillip have a special ownership in the property that Tena Knoche has a mortgage upon the property, which is set out verbatim; that Alexander Phillip has a mortgage upon the property, and his mortgage is likewise set out; and that the ownership of the plaintifls and their right to the possession of the property is inseparably connected. The case was subsequently dismissed as to Alexander Phillip, and the action proceeded in the names of John Peter Knoll and Tena Knoche as plaintiffs.

The defendant Hamilton, as sheriff, filed a demurrer to the petition, upon the following grounds: (1) A misjoinder of parties plaintiff; (2) a misjoinder of causes of action; and (3) that the petition did not state facts sufficient to constitute a cause of action. This demurrer was by the court overruled and exceptions thereto saved, and the defendant Hamilton filed an answer consisting of a general denial. Subsequently, on his application, the First National Bank of Russell was substituted, with its consent, under the provisions of section 45 of the code, as defendant in the action. The bank thereupon filed an answer as substituted defendant: (1) A general denial; (2) alleging that since the commencement of the suit it had bought the note given by John Peter Knoll to Alexander Phillip, which was secured by the mortgage set out in the petition, and alleging that it was the owner and holder of the note and mortgage and of all the rights of the mortgagee, Phillip, thereunder; and further alleging that, at the time of the commencement of the action, the lien under that mortgage was prior and superior to the interests of the plaintiffs in the property; denying that the plaintiffs or either of them had any right, title or interest in the property or any part thereof; denying that either of them, at the commencement of the suit, was entitled to the possession of the property or any part thereof; and denying that the bank was wrongfully detaining the property from the plaintiffs, or either of them; (3) alleging that it paid the note held by Alexander Phillip and secured by the mortgage set out in the plaintiffs’ petition, and that by reason of such payment it is entitled to subrogation to the rights of Alexander Phillip under the mortgage.

To the second and third defenses the plaintiffs demurred, (1) for the reason that neither of them stated facts sufficient to constitute a defense; (2) that the second and third grounds of defense in the answer did not state facts sufficient to entitle the defendant to the relief it prayed for in its answer; (3) that the defendant, since the commencement of the action, had commenced another action upon the note described in its answer, and that that action was then pending in the same court upon an appeal from a justice of the peace. This demurrer was by the court overruled.

Thereupon the plaintiffs filed a reply, in which they alleged (1) the commencement of the action upon the note in the justice's court referred to in their demurrer; (2) a general denial. To this reply the defendant bank demurred that the first count of the reply did not state facts sufficient to constitute a defense to the matters set up in the answer. This demurrer was overruled, the defendant excepting. The plaintiffs then dismissed this action as to a part of the property described in their petition. The case came on to be tried at the February term, 1896, and the defendant demanded a separate trial as to each of the plaintiffs, John Peter Knoll and Tena Knoche, which was denied by the court. The case was tried to a jury, and the verdict and special findings were for the plaintiffs, upon which judgment was rendered in the alternative for a return of the property, or its value in case return could not be had. It appeared that the defendant Hamilton, as sheriff, had retained the property, and sold the same under his writ at the suit of the plaintiff in error. There are seventeen assignments of error, So far as necessary we shall notice them in their order.

The first assignment of error is based upon the overruling of the demurrer of the defendant Hamilton to the plaintiffs’ amended petition. The first ground of demurrer is not within the statute. The statute provides for a demurrer in case of a defect of parties, but not for amisjoinder of parties plaintiff. (McKee v. Eaton, 26 Kan. 226.) The petition states a cause of action against the defendant Hamilton, as sheriff. The second ground of the demurrer could not be sustained by the court for the reason that but one cause of action was stated. The plaintiffs allege that the defendant Hamilton, as sheriff, had interfered with the possession of the property of John Peter Knoll; had seized and unlawfully detained it. It is true the petition says that the plaintiff Tena Knoche had an interest in the property as mortgagee of John Peter Knoll, and that Alexander Phillip, as mortgagee of John Peter Knoll, had an interest in the property adverse to the sheriff, Hamilton, by virtue of his mortgage. There was but one cause of action stated, and that was for the recovery of the possession of the property so wrongfully taken and withheld by the sheriff. Neither of these mortgagees were necessary parties to the action. However, it might be proper to say in this connection, that there was nothing improper in the joinder of the mortgagees with the mortgagor for the purpose of recovering the property in which they were all interested as against the adverse claim of the sheriff. The supreme court of the United States, in the case of Geekie v. Kirby Carpenter Co., 106 U. S. 389, which arose in the state of Wisconsin, says:

“Klass having the general property in the logs, and Geekie a special property in them, and the logs having been taken by the defendant from the possession of Geekie, who held them as sheriff, under the attachment against Klass, it was proper for both to join in the suit. The damages found to have been sustained by each may be added together and awarded to them as plaintiffs. The damages to Klass are the value of the logs…The damages to Geekie are the…expenses.”

It is true that was an action for conversion. Under the decisions of our own supreme court, a petition for conversion must allege a right of possession and the wrongful taking and conversion by the defendant, practically the same as in replevin. The code of Wisconsin upon the question of parties is not materially different from our own. Section 35 of our code says:

“All persons having an interest in the subject of the action and in obtaining the relief demanded may be joined as plaintiffs, except as provided otherwise in this article.”

The owner of the property and his mortgagees have an interest in the mortgaged property. They have a community of interest as against a trespasser, and they have an interest in this case in obtaining the relief demanded; that is, a return of the possession of the property to the rightful owner, that their mortgage interests might be protected thereby against an adverse claimant. If the property could not be recovered in specie under the alternative money judgment, the respective interests of the mortgagor and mortgagee could be protected by the court. The provisions of the code are entitled to a liberal construction in protecting the rights of litigants. The plaintiff in error would be in no manner prejudiced by the fact that the mortgagees were parties plaintiff in the suit. Their presence could not deprive it of any defense or of any right, or impose upon it any additional burden. The demurrer was properly overruled. This ruling does not in any manner conflict with the cases decided by the supreme court cited by counsel in their brief. Upon this same contention counsel rest their right to a separate trial as against each of the plaintiffs. There was but one issue to try: Who had the right to the possession of the property at the time the suit was begun?

The third assignment of error is that the judgment should have been for the defendant bank upon the pleadings. It is based upon the same theory, and must fall with the first contention, unless it may be said that the plaintiff in error, by the acquisition of the Phillip note and mortgage after the commencement of the suit, could justify the seizure of the property. The Phillip mortgage was purchased and assigned long after the taking and detention of the property by the sheriff, long after this action was begun. The plaintiff in error was substituted for the sheriff, and the bank could urge any defense which might be rightfully urged by the sheriff. By the terms of the mortgage John Peter Knoll was entitled to the possession of the property, and nothing appeared in the facts of the case to controvert this right. The answer does not allege any default on the part of the mortgagor, by reason of which the mortgagee or his assignee would be entitled to take the property under the mortgage.

The fourth assignment of error is that the demurrer to the evidence should have been sustained for the reason that the Alexander Phillip mortgage, which had been assigned by him to the bank, did not contain any provision for John Peter Knoll retaining possession of the property, and that the bank, as the assignee of the mortgage, had the sole right to the property. As we have heretofore said, this mortgage to Alexander Phillip by John Peter Knoll clearly expressed by its provisions that John Peter Knoll should retain possession until the happening of some contingency therein expressed. There was no allegation nor was there any evidence offered to show that either of the contingencies provided for in the mortgage had occurred. And further, the question to be tried was, Whose property was it? Was the sheriff's seizure rightful? Did the sheriff have a right to seize and hold possession of the property under his writ; and if not. did the bank have a right to insist upon the possession of the property under some other claim of title? The demurrer to the evidence was properly overruled.

The fifth assignment of error is based upon the fact that the court permitted Harry Knoche, the husband of Tena Knoche, to remain with her in the courtroom during the trial, notwithstanding he was a witness in her behalf or in behalf of John Peter Knoll. In the exclusion of witnesses from the court-room during the progress of the trial the court had a discretion, and it cannot be said that it abused its discretion in this instance.

The sixth assignment of error is that the court refused the request of the plaintiff in error to instruct the jury that the assignment of the note by Alexander Phillip to the bank carried with it the mortgage. This is a sound proposition of law. The evidence of the debt carries with it the security. But it had no application to the facts in this case, and was an immaterial matter.

The seventh assignment of error is that the court refused to give as law the eighth request of the plaintiff in error. It appears that at the sale of the property in controversy by the sheriff under his writ of execution against Adam Knoll, Michael Knoll, a son of Adam and a brother of John Peter, attended the sale and bid in a part of the property—several stacks of wheat. He had the wheat thrashed and subsequently sold a part of it to his brother, John Peter, for seed to sow the land. By the eighth request referred to in this assignment, counsel for the plaintiff in error asked the court to say to the jury that, by purchasing this wheat from his brother Michael, John Peter Knoll had elected to ratify the sale and was estopped from asserting his right to the possession. There is no such rule of estoppel known to us, and our attention has not been directed to any authority to sustain this contention.

The eighth assignment of error is based upon the court's refusal to instruct the jury:

“If you believe from the evidence that Adam Knoll transferred to John Peter Knoll the use of all his land, in consideration of $100 a year and future support of Adam Knoll and wife, and, at the time of making such transfer and agreement, Adam Knoll and John Peter Knoll knew that Adam Knoll was largely indebted to the First National Bank of Russell, and that Adam Knoll had no other property out of which the same could be paid, then such transfer or lease is void as to the defendant bank.”

Adam Knoll owned the land upon which this wheat was grown. It comprised 300 acres, which included the homestead of himself, his wife, and his family. And even if it were a sound legal proposition when applied to land not a homestead, it could have no application here, as the homestead is here included; and a homestead is something to which a creditor may never turn for the satisfaction of his debt. The instruction as requested was properly refused.

The ninth assignment of error is that the court sustained an objection to a question propounded by the plaintiff in error to Michal Knoll as to how many stacks he, Michael Knoll, had upon a certain section. The inquiry was immaterial and the objection was properly sustained. It mattered not how many stacks of wheat Michael Knoll had on any section.

The tenth assignment of error is that the court denied a motion of the plaintiff in error to strike out a part of the testimony of Michael Knoll. Counsel for plaintiffs were endeavoring to ascertain from the witness what his source of knowledge was as to the ownership of certain horses, a matter entirely outside of the issues in the case, and it was developed finally, that he knew nothing as to the ownership of the horses except what his brother, John Peter Knoll, had told him. The motion was to strike out the last answer of the witness. It was an immaterial matter. It could not in any manner affect the case in the interest of either party. While it might very properly have been stricken out, the refusal does not constitute such error as to require a reversal of the case.

The twelfth assignment of error is that the court overruled an objection of the plaintiff in error to the testimony of John Schlyer as to the custom of Russians in giving their children property when they left home. The record discloses the fact that both parties entered into this controversy. Both parties introduced evidence pro and con as to what the custom of Russians was and is in dealing with their children when they arrive at majority. The plaintiff in error is in no condition to urge this objection. The whole scope of this inquiry was immaterial, and could not affect the rights of either party.

The thirteenth assignment of error is based upon the court's action in sustaining an objection to a question upon cross examination of Adam Knoll. We are not referred to the page of the record, or in what connection this question was asked. We do not find it in the record. We cannot say from what is set out that the court abused its discretion in limiting this cross-examination.

The fourteenth assignment of error is so indefinite that we cannot determine what merit, if any, there is in the contention.

The fifteenth assignment of error is based upon the action of the court in sustaining an objection to a question asked by the plaintiff in error of John Peter Knoll. There is no reference to the record in this connection, and we are not able to say that the action of the court was erroneous or prejudicial to the rights of the plaintiff in error.

The sixteenth assignment of error is as follows: “An erroneous conclusion of the jury in the sixteenth finding of fact, as follows.” Then is recited an interrogatory submitted to the jury by the court, and the answer thereto. The interrogatory should not have been submitted to the jury. It was immaterial. It referred to a transaction independent of the question of the ownership of the wheat. It referred to a transfer of property from Adam Knoll to John Peter Knoll, other than the property involved in the litigation. It is not necessary for us to examine or determine, therefore, whether the jury reached an erroneous conclusion or not.

The seventeenth assignment of error is that the verdict is contrary to the evidence. The evidence is very satisfactory and convincing that the wheat sought to be recovered by John Peter Knoll and his mortgagee was honestly his property—was a crop raised by him. There was nothing in connection with the transactions between father and son in any manner affecting the title to the property in litigation, of which the plaintiff in error had any right to complain.

Whether other transactions between the father and son were legitimate, is immaterial in the determination of this controversy. The title or right of possession to such other property was not in controversy in the case at bar.

The evidence sustained the verdict of the jury, and the judgment is affirmed.

Source: Dewey, Thomas Emmet (reporter), Reports of Cases Decided in the Courts of Appeals of the State of Kansas, Vol. 7, February Term, 1898, Topeka, KS: J.S. Parks, State Printer, 1899, pages 352-363. (Available on Google Books; also available in The Pacific Reporter, March 3-May 19, 1898, St. Paul: West Publishing Co., 1898, pages 619-623, at Google Books.)

Images of military records are shown below as thumbnails. Click on each thumbnail to view a larger version of the record in another tab.

World War I Draft Registration Cards

Source: Ancestry.com. U.S., World War I Draft Registration Cards, 1917-1918 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2005.

World War II Draft Registration Cards

Source: Ancestry.com. U.S., World War II Draft Registration Cards, 1942 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2010. Original data: United States, Selective Service System. Selective Service Registration Cards, World War II: Fourth Registration. Records of the Selective Service System, Record Group Number 147. National Archives and Records Administration.

Copies of census records are shown below as thumbnails. Click on each thumbnail to view a larger version of the record in another tab.

1880

Herzog Township (Hartsook), Ellis, Kansas

Source: Tenth Census of the United States, 1880. (NARA microfilm publication T9, 1,454 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.

1900

Bryant, Graham, Kansas

Victoria, Ellis, Kansas

Source: United States of America, Bureau of the Census. Twelfth Census of the United States, 1900. Washington, D.C.: National Archives and Records Administration, 1900. T623, 1854 rolls.

1910

Bryant, Graham, Kansas

Freedom, Ellis, Kansas

Source: Thirteenth Census of the United States, 1910 (NARA microfilm publication T624, 1,178 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.

1920

Bryant, Graham, Kansas

Source: Fourteenth Census of the United States, 1920. (NARA microfilm publication T625, 2076 rolls). Records of the Bureau of the Census, Record Group 29. National Archives, Washington, D.C.

1930

Bryant, Graham, Kansas

Tribune, Greeley, Kansas

Iliff, Logan, Colorado

Precinct 3, Logan county, Colorado

Source: United States of America, Bureau of the Census. Fifteenth Census of the United States, 1930. Washington, D.C.: National Archives and Records Administration, 1930. T626, 2,667 rolls.

1940

Victoria, Ellis, Kansas

Bryant, Graham, Kansas

Morland, Graham, Kansas

Denver, Denver, Colorado

Waukegan, Lake, Illinois

Source: United States of America, Bureau of the Census. Sixteenth Census of the United States, 1940. Washington, D.C.: National Archives and Records Administration, 1940. T627, 4,643 rolls.

Copies of census records are shown below as thumbnails. Click on each thumbnail to view a larger version of the record in another tab.

1895

Victoria, Ellis, Kansas

1905

Bryant, Graham, Kansas

1925

Bryant, Graham, Kansas

Collyer, Trego, Kansas

Source: Ancestry.com. Kansas, U.S., State Census Collection, 1855-1925 [database on-line]. Provo, UT, USA: Ancestry.com.

Copies of census records are shown below as thumbnails. Click on each thumbnail to view a larger version of the record in another tab.

1943

Victoria, Ellis, Kansas

1944

Morland, Graham, Kansas

Source: Ancestry.com. Kansas, U.S., City and County Census Records, 1919-1961 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.

Images of city directory entries are shown below as thumbnails. Click on each thumbnail to view a larger version of the entry in another tab.

1951 Waukegan, Illinois, City Directory

Source: 1951 Waukegan, Illinois, City Directory, found in Ancestry.com. U.S. City Directories, 1822-1995 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2011.

Images of newspaper articles are shown below as thumbnails. Click on each thumbnail to view a larger version of the article in another tab.

Newspaper Clippings Collected by Florence (Mahler) Boyd

Source: Newspaper clippings found in a manila envelope formerly in the possession of Florence (Mahler) Boyd.

Note: These clippings were not marked with the name of the newspaper and most were not dated.

Obituaries (American Historical Society of Germans from Russia)

Source: "United States, Obituaries, American Historical Society of Germans from Russia, 1899-2012," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:QVS3-TXZM : accessed 21 January 2016), Adam J P Knoll, 28 Aug 1966; citing Obituary, in "Hays Daily News"; American Historical Society of Germans from Russia, Lincoln.

The Morland Monitor (Morland, Kansas)

Source: Obituary of Peter J. Knoll, The Morland Monitor (Morland, Kansas), Thursday, 29 Sep 1955, page 3.

Mrs. Brown, 63, of Victoria, Dies of 1 1/2 Year Illness

Mrs. Williebald Brown, 63, of Victoria, died Sunday in Salina after an illness of about 1 1/2 years.  Her husband died four years ago.

Funeral services will be at 9 a.m. Wednesday in St. Fidelis Church, Victoria, and burial will be in St. Fidelis Cemetery.

Friends may call at Brock's Funeral Home tonight and at the Knights of Columbus Hall in Victoria after 9 a.m. Tuesday.

Mrs. Brown is survived by six children and nine stepchildren.  Her children are Mrs. Isadore Pfannenstiel, Daniel, Adam, and James, of Derby, Colorado; Odelia, Denver, and Mrs. Ralph Metcalf, Houston, Texas.

Surviving stepchildren are Wilbur and Frank, Sitka; Bonnie, Hays; Mrs. Mike Knoll, Wendelin and Dale, Denver; Killian, George and John, Derby; and Lawrence, Brighton, Colorado.

Other survivors are 18 grandchildren, one brother-in-law, Nick Brown, of Victoria, and the following brothers and sisters:  Mike Knoll, Mrs. Jake Dreiling, Mrs. Jake Mahler, Denver; and Adam Knoll, Chicago, Illinois.

Source: Obituary of Mrs. Williebald Brown, posted by bjphlieger29 (Ancestry), Plainville, Kansas.

Jacob J. Mahler

MAHLER--
Jacob J. Mahler, Englewood, CO. Husn of the late Rose Knoll Mahler; also preceded in death by sons John and Peter; father of Jacob Mahler, Josephine Rodrique, Lorraine Barringer, Michael Mahler, Janice Keithline, all of Denver, Andrew Mahler, Arvada, Florence Boyd, Martinez, CA; also survived by numerous nieces and nephews. Visitation Sunday 3-9pm, Berkeley Park Chapel, W. 46th & Tennyson. Mass of Christian Burial, ST. ELIZABTEH [sic] CATHOLIC CHURCH, 1060 St. Francis Way-Denver, Monday 9am. Interment, Mt. Olivet Cemetery. Arrangements, Moore-Howard, Berkeley Park Chapel, W. 46th & Tennyson.

Source: Rocky Mountain News, 12 Nov 1988, "United States, Obituaries, American Historical Society of Germans from Russia, 1899-2012", index, FamilySearch (https://familysearch.org/pal:/MM9.1.1/QVS3-SR3Z : accessed 19 Jul 2014), Jacob J Mahler, 1988.


Jacob John Mahler
Retired meter repairman, 90
Jacob John Mahler, a gas meter repairman, died Nov. 9 at Julia Temple Care Center in Englewood. He was 90. Mass of Christian Burial was said Nov. 14 at St. Elizabeth Roman Catholic Church. Interment was in Mount Olivet Cemetery. He was born April 10, 1898, in Leichtling, Russia, and emigrated to America in 1913. He married Rose Knoll in Denver. She died in 1979. Mahler retired from Public Service Co. in 1966. His hobby was model railroading and he built much of his own equipment. He is survived by three sons, Jacob and Michael, Denver, and Andrew, Arvada; four daughters, jospehine Rodrique, Lorraine Barringer, Janice Keithline, all of Denver, and Florence Boyd, Martinez, Calif.; 19 grandchildren; and 23 great-grandchildren.

Source: Denver Post, 6 Dec 1988, "United States, Obituaries, American Historical Society of Germans from Russia, 1899-2012", index, FamilySearch (https://familysearch.org/pal:/MM9.1.1/QVS3-SR3L : accessed 19 Jul 2014), Jacob John Mahler, 1988.

Images of funeral programs and cards are shown below as thumbnails. Click on each thumbnail to view a larger version of the program or card in another tab.

Prayer cards

Funeral programs

Source: Funeral programs and cards found in a manila envelope formerly in the possession of Florence (Mahler) Boyd.

Prayer card

Source: Findagrave, Anna Barbara (Knoll) Braun, image uploaded by bjphlieger, 14 Jul 2015, retrieved 20 Jan 2016.

Social Security Death Index

Name:                                                  Mike Knoll
SSN:                                                       510-18-1601
Last Residence:                                   80219 Denver, Denver, Colorado, USA
Born:                                                      31 Aug 1895
Died:                                                     Jan 1971
State (Year) SSN issued:                      Kansas (Before 1951)

Name:                                                  Adam Knoll
SSN:                                                       361-03-9796
Born:                                                     22 Dec 1903
Died:                                                     Aug 1966
State (Year) SSN issued:                      Illinois (Before 1951)

Name:                                                  Rose Knoll
SSN:                                                       512-44-7141
Last Residence:                                   67663 Plainville, Rooks, Kansas, USA
Born:                                                     6 Oct 1897
Died:                                                    15 Mar 1994
State (Year) SSN issued:                      Kansas (1960-1961)

Name:                                                 Jacob Dreiling
SSN:                                                      514-07-7615
Last Residence:                                  80221 Denver, Adams, Colorado, USA
Born:                                                    25 Apr 1894
Died:                                                    Dec 1972
State (Year) SSN issued:                     Kansas (Before 1951)

Name:                                                 Agrippina Knoll
SSN:                                                      348-26-0297
Last Residence:                                  60085 Waukegan, Lake, Illinois, USA
Born:                                                    27 Dec 1903
Died:                                                   Nov 1983
State (Year) SSN issued:                    Illinois (Before 1951)

Source: Ancestry.com. U.S., Social Security Death Index, 1935-2014 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2011.

Images of the death certificates are shown below as thumbnails. Click on each of the thumbnails to view a larger version of the certificates in another tab.

Kansas Death Certificates

Colorado Death Certificates

Source: Photocopies of death certificates from the files of Darryl W. Boyd.

Photos are shown below as thumbnails. Click on each thumbnail to view a larger version of the photo in another tab.

Saint Anthony Cemetery, Graham County, Kansas

Saint Fidelis Cemetery, Victoria, Ellis, Kansas

Ascension Catholic Cemetery, Libertyville, Lake, Illinois

Mount Olivet Cemetery, Wheat Ridge, Jefferson, Colorado