Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-03-27
CITY Council Proceedings.

MONDAY EVENING, March 81, 1884.
President Reinhard called the Council to order at
the usual hour. Members present at roll-call
Mossrs Armstrong, Carmichael, Donaldson, Douty,
Eberly, Failing, Glenn, Graham, Jaeger. Patterson.
Narhten. RAIDER, Rickly, w ilson and PIeSldent-i3.
Absent-Messrs. Buttles, Howard and Thompson-s;
The minutes of the two previous meetings were read
and approved.
nEPoRr OF THE CITY SOLICITOR ON THE AsBURY
The President laid before TIE Council the follow
ing report Of the City Solicitor, accompanied by
Pg S ns he ssss Of RI o@Rs
tor. v. the City of Columbus, which were read and
placed on file
To tie CITY Council Of Columbus:
Tn regard :, the case Of Thomas Asbury against
the CITY, which has been IN litigation since 1850
beg leave 10 submit the following report:
On the 2lst day Of November. A. ID. ls4I, Thomas
Asbury conveyed to the City Of Columbus, parts OF
lots Nos. el2 els. sl4 0lS. 6ls and ols being ss4
along the west side Of Fourth street to Rich
street. Said conveyance was subject to several con;
SO Of EhIn 6 n' .pS
ceased to beso used to revert to the heirs Of said
Asbury on payment of certain moneys as therein
provided. Another stipulation in the deed is as fol-
And Il is further stipulated that said City shall
forever leave space between the west line Of said aid
west line Of the premises hereby conveyed, Of not
less than 32l feet of which said 32< feet, at least
fifteen feet on the west side shall be used for public
pavement, said space TO extend from Town to Rich
street. and all Of said premises which was mot occu-
pied for Market House shall remain and be ased as
Alter receiving this conveyance the City Council,
by its Market House Building committee, caused q
plan Of Market House to be drawn. which is the
plan hsTsTsa re- TSe. .ne pdn w was made
himself satisfied with t.
Alter the Market House was built and nearly COM
and put down; Asbury objected 70 this, and when
the committed were about TO boulder the residue Of
the public street spoken OF IN the deed he filed his
bill IN chnncery and procured an injunction. In
der that the Council may understand the intent of
this suit would say that Asbury charged that the
buidpg extended over the % sset reserved fSr build
too far west and the projecting roof the west side
was an infringement Of the reservations in the Decd
While he claimed that the fifteen feet next to his re.
manning property was to have brick pavement and
mot . bouldered street, lis
fringement on bis rights and no particular kind Of
pavement was intended in the deed, and that boud
cred sss ns a. much ss 6r side
Cd that Mr.. Asbury had agreed to the plan Of the
building nsnoW erected and could not therefore COM
Tie psTemet M On the west sde Of the MSrist House
was On infringement Of Asbury's reserved rghts and
that Asbury was entitled TO have brick sidewalk
the west side Of the land conveyed to the city fifteen
is therefore. ordered by the Court that the city,
Within sixty days from the z6th day OF december,
1063 should abate and remove the sidewalk and curb
stone on the west side Of the Market House. and that
the city be forever enjoned from the further use of
the said space under the projecting roof on the west
side Of said Market House for Market House pur-'
poses, and from the Of any Of the space on the
vest side q the Market House for any other purpose
than public street, and from appropratingo or using
the fifteen feet along the west side Of said premises
for any other purpose than public pavement or side
walk Provided, however, that for the protection of
the Market House wall, the city may 30 allowed TO
plant stone iron posts along the said west wall not
excecdins ff1een inches In height aud the outer sur
face Of the same not 10 be more than twelve inches
from the surface Of said wall, and to be planted ten
feet apart each other and that the city pay the
costs Of said suit taxed at $50 &C.
The city under this decree should provide for re-
moving the pavement on the west side Of the Mar
ket House. and for paving the west side Of said street
next TO the Asbury property. In accordance with :
resolution heretofore passed by the Council, II. @.
Noble was employed to assist the City Solicitor in be-
bali Of tho city, and would not him Justice did
not that he prepared the case with much assidui
4, and argued the same before the Court fully and
elnoorstey, with his usual force and legal acunen
An Of which Is respectfully submitted.
tee 'q,f ~ II. ]. WYLIE,
.ssii City Solicitor.