The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-06-09

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CouRT OF COMMON PLEAs.-The Court
Of Common Pleas closed it's session on Sat.
urday last, having disposed of but two or
three cases Of very much interest. We give
below synopsis Of the proceedings, so far
aSwe deem them of public interest.
Lewis 8. Pope Vs. Porter Rice.-This
one Of the most important cases which
has been tried 10 the Common Pleas Court
Of this county for number of years. 1t
was tried TO "struck jury" and occupied
eight days in the trial. The plaintiff claim.
ed that Rice, the defendant, by keeping up a
dam at the Harrison Rapids, across the Coy.
Ahoga River, fJwed the water back upon
his lands, some three miles above, so as to
render them totally valueless. He was sec.
Onded in bic efforts by his fellow citizens
along the line of the River, each one oil
whom considered himself aggrieved in the
same way by the flowing Of the water. The
defendant, Rice, as a matter of defence,
claimed, first, that his dam did not flow the
water back upon the lands of The plaintiff
but on the contrary that Pope's land was o
swamp end had always been such-thal
Pope gave nothing for it, and tha, it had al.
ways beeen considered utterly valueless-
As a second ground Of defence, Rice claim.
ed that he, and those under whom he claim
cd, had been in the uninterrupted use anC
enjoyment of the water power, at its presen
height, for more than twenty-one years, ant
that such long continued use and enjoymen
had ripened into On unquestionable titlt
which cannot now be disturbed. The jur,
found for the defendant, on all the issues
the case. We are informed that they were
unanimous in their decision that the dan
does not flow the water back upon Mr.
Pope's land. Day g. Taylor, for plaintiff
J. L. q H. c. Ranney, Judge Hitchcock
and Strawder g. Hart for defendant.
Jeremiah Louden Us. George Clark-Re
plevin. Tried by the Court. The Cour
decreed the right of property and right o
possession to the plaintiff, and rendere,
judgment accordingly. o. P. Brown fo
plaintiff; NJ. Stuart for defendant.
Dwight B. Shrtliff and others Us. Rue
L. Shirtlif, Adm'r.--Exceptions takel
10 Administrators final account. Appea
from the Probate Court. Heard by tht
Court on Masters Report. Decree ugains
Administrator for the sum OF 1924, but n,
costs against him individually. The costs
in the Probate Court, before the Master, an,
also in Common Pleas-to be paid out o
the assets Of the estate, that is, out of thu
Aforesaid 1924. Day, Taylor g. Horton 70
plaintiff; Strawder & Hart for defendant.
Ephraim Chapman Us. Joseph jerks, on,
others. Settled. Strawder & Hart 70
plaintiff J. L. g. H. C. Ranney for defend
ant.
The bonds that bound unwilling heart
were loosed in the following instances:
Mary Ann Loudensburg us. Adam Lou
densburg - Divorce granted on the groun
OF. extreme cruelty and habitual drunken
ness for more than three years. Pe,itione
decleed the exclusive ownership and contrc
Of the real estate, comprising the homestea
where she resided, and also oil the persona
property upon or about the premises, an
the custody Of the minor children. Straw
der g. Hart for plaintiff.
Lucy Jane Davis vs. Richard Davis.-D
VERGE granted on the ground Of adultery an
extreme cruelty. The plaintiff was decree
tho exclusive ownership and control Of a
her real and personal estate, the custody
the minor child, and her name changed fro,
Lucy Jane Davis to Lucy Jane Chapman
Strawder g. Hart for plaintiff.
Abigail Mcmillan vs. Robert Mcmillan
Divorce granted on the ground Of extrem
cruelty. Petitioner decreed as aIimony II
sum Of $500, and the custody of the youni
est minor child. Day, Taylor and Horto
for plointiff; J. L. g. H. c. Ranney for d.
fendant.
Jacob F. Slough Us. Mary E. Slough
Divorce granted on the ground of wilful al
sence for more than three years from Il
hearihstone OF her spouse. M. Stuart Fl
plaintiff.
Emily L. Hodo vs. Archibald Hodo.-D
xorce granted on the ground of wilful a
aenee and gross neglect of duty. Luth
Day for plaintiff.
The State OF Ohio Us. Solomon China
This was proceeding before Esq. Curtis
Of Charlestown, in which defendant was tri
for attempting to provo':s breach Of t
peace. The Justice by the law has final a
exclusive jurisdiction. On the trial, defen
n . i It Af..nA