The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-19
Important Ejectment Suit for Old Indian
Property mt Buffalo.
UNITED STATES CIRCUIT COURT.
Before Hon. Judge Nelson.

Before Hon. Judge Nelson.
Nov. 18.-Wiutam Smelling, EdUard B. OlcoH and Oh
e,s Elijah p. Williams, William j. Fargo and others
This action Of eectment brought to test the title to
valuable lot of real estate situated Buffalo creek
which there at present the government lighthouse
grain elevator and machinery in the occupation Of the
defendants. The suit was commenced in the Northern
District Of this State but by consent Of both parties
brought to this city for trial involves property
the amount Of over two million dollars.
From the statement of the appears that 1888
Martin Middaugh was the only white resident OF the
place, now called Lewisswn, seven miles above Niagara
river He kept tavern, at which traders and Indians
stopped their way to Canada. The habauon he
pied was of the old houses left by the Mohawk In
dans In 1892 he arrived at Buffalo, and 1900 there
were but three persons residing in that place. Coec
lively they paid tax upon $45 amounting in the whole
to nine cents annually Mddaugh lived the north side
OF the river but subsequently the Indians gave him the
land on the other side, where he built log house and
followed the occupation Of coopering His former loca-
an Indian who lived in the place. The Indians took him
over and gave him this land. Mddaugh had great deal
Of intercourse with the Indians, and spoke Indian
who married man named Lane. Lanes daughter,
Margary, who is still living and eghty-nine years Of
age, married man named Mann. Margary Mann claim
ed the title from her grandfather Mddaugh She leased
the premises in 1925 to Joshua Morgan with stipulation
that he might purchase land at certain price to be
fixed. Subsequently he purchased the premises did
not get the deed In 1886 it found that property
in possession Morgan might become valuable for COM
merca purposes and it being understood at the time
that Mrs Mann was the owner various applications
made to her to sell 1t at larger than she had
agreed TO let Morgan have it for. Morgan having APP
prehensons in regard to the conveyance demanded il
Of her threatening proceedings in the Court Of Chan
Gerry IN case she refused to give it to him for
specific performance of contract She delivered the
deed to him, and Mr.. Morgan caused survey TO
be made with view Of dividing the land into city
lots Morgan died in 1874, leaving will under
which Albert Morgan took various mortgages, made
by the testator during his life time residuary egatee.
subsequently Albert 7. Morgan assigned the mort
cages to Barnes Olcott. Since the commencement of
the suit Barnes has died. George Barnes and Ocott fore
closed these mortgages sold the property and bid 1t
December, 1857 This suit commenced in March,
1865 It is the intention Of the plaintiffs TO examine as
witness Scaauquada Indian Of the Seneca nation who
was present when the gift to Middaugh made, and
who now one hundred and four years old The defend
ants, on the ether hand, claim that Joshua Morgan's
title is defective They contend that in 1885 the right
the soil enough not TO the sovereignty OF the property in
OF Massachusetts, The latter State by various mesne
cohveyances decided the property the Holland Com
pany in 1855. From the conveyances made by and
through the Holland Company to various parties the de-
daugh held possession Of the property except in
subordinaton to the legal title, and such possession
through him. adverse to the legal title had not been held
long enough to constitute legal title in his descendants
and those claiming under him.
The testimony far has been principally documentary
and maps There are, however, many gray haired wit
nesses in court who talk of 1906 thing Of yesterday
and was understood that before the is concluded
venerable Indian of 103 years of age will be called to the
witness stand
There great array of counsel both sides, the
Jorlty being members of the Buffalo bar.
For paintil-John l.. Talcot, Of Buffalo; Francis b.
Cutting, Seward, Batchford and Grswod, and Charles
OConor.
For defendant-Henry W. Rogers, John Ganson, Dennis
Brown and Joshua l.. Brown, all OF Buffalo.
The cause is likely to occupy some time.