Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-12-13
THE COURTS

| teri AZ, aitrT The close II Mr.. Brsnt's remark
ID to- cas- If Los den Carroll ct a.. vs.. Hanna
l Mr.toh, for defendant commspoed his SrsH
m"ll 10 tAe court, ClAlmlrg IhaG 81 WAS entry
~ d 'D'thicD hat GUIDED possession, 81 q m 8
| ihs nssuIe If ibt ,nelos ufes IL not VI Material,
go that NJ nsd cistm'd exclusive p1sh'ssi 'n
| and - eTcIstdRcts or ownership; aud D. q uOg-o
1 in suppor' OF the case from u P-f page u. Uf
| EWng W. Burnett, also from 10 PET. .syins
thAt his 70 q simiIar case. Here the 1t y l.
eDcii sSd, but 10 was hardly possible TO xesp /.
enclosed q sccount of great Euiisys tntt rIo
through ~, and t,s exposed position, lsEs ~
WsE so fpoI' OF 10 depredaiions, asd I'D thar
| II ihtIe was An Occasional breach, 10 was To.
paired imms al aieIy: but the posts that indi
Gated ibs line OF bis claim never disap ear d
ubni some eighteen months prior TO Iai3 sait.
and aft,r the gwen yssrs IA I'd expired; aud
ssk' q the to0rt 10 nsiruct The jory II u tps
lire OF spelos ures and clsim was ssp, q 0 with
Teaf Oh anls oil geDce. End there never was here
Yolnpitry abandonment OF property by d =
ieposn', lat the breechss were made by tnird
paTh,F, Without his knowledge, and repaired
rs coon be- lie knew OF hem. As to the Hrs
prayer OF plain life, that he inclnssd nore toan
that claimed by Daniel Carosl, he quoted A
case nom Msryisnd Oourt of Appeals, VIII IRA
u was d. eide d Il At In the case OF two coa,sf
minCns pfopTIstore, where the claim OF one
was enlarged, the legal effect was tas same
. Hams b johnson, Hall VIZ. q iyens, " npra
oefeDdaDt IL said to have abandoned eli 4im D :
sbislgihg his inclos ures. Mr.. Cox claimed
mar IN ins case The boundaries were con-
traeted, and that the possession was not a
mlSed possession, bat an exclusive one, with :.
ont claim Of title.
Mr. MeIrea offered other prayers In a iditiou
TO those OF DIR. brent. for plain'iff, in WHICH rs
held hat II dlf1erep pos session vas 10 clos 3D.
one In " hieh dtiendant had no claim, thai IL
did meke a difference
The Court said: i shall hereafter hold in tbf
case that If the defendant erected suDs-aut a;
fence, and maintained II for twenty y.ars
against the proprietor ard the world, ne
hereby Acquires tiile, man n ed not ss.lh-
ism barr,cade around bis property and dc
ftnd ~ with cannon. Bnt " the fence Is snu-
United or taken away, and afterwards wi hf,,
reasonable time, and with a view t. o:cupa.
pCn ana cultivation Is repared and RI. "a
paired by the owner, 10 does not affect his nos.
SESSION or the advertisement Of il to the world
On the other hand, If the Jury find as La
elected repairing so that the ruin indicated
mat somebody had been there and left n i
then fact from which ,he Jury may infer
ana DuoEmeIt of possession. But IL must IA
such an abandonment that the world NAV Look
81 !. and pronounce At as such. And if he comes
10 the PREPARATION Of has posseeaion In a reasap
aole time, 1t is ali that the Lave requires IN nv
JnoGmenti ard he asked counsel 70 frame n cir
prayers III aeeCfdan &c with this decision The
CONT adjourned
10. Ddy.-Sheldon and Ripley va. Parker:
Judgment by defauIt " a. made fpai: Bradley
George Tayicr We ychn = wfHfar1s Tee
Conrt ordered that ,h,s case be placed al the
head of the CALENDER for the February term.
Doe dem. Carroll ct NJ We. Ham; trial re.
eumed, and by she consent Of r9rties tue ca;s
WIS compromised. and they agrep ed that the
jury should bring in SPECIAL yernict huting
an Undivided Inoiety IN the plaintiff and an
undivided notify IN lie defendant; each party
% pay their own costs which was done. me
Court remarkng, blessed are the peace.
makers"
In case OF Gibbons VI. Hatfield. Sir. Uias
counsel FOR ds:eIdant, MED motion ard
reasons for new trial.
Francis ksyser vs.. Samuel ". Jones
Settled each psrtv TO pay their own costs
Lloyd Tor the plaintiff. Phillips for defendant
CASE OF RRPLETIs.
f.. a.
for plaintiffs. Thompsen for the defendant.
The jury was sworn. And Mr.. Swami said
plaintiff vs.. the n6 endant, constable. 20 re-
cover property ieried upon 70 satisfy three
Judgments; the property vas levied :Inmedi-
deed Of trnst 20 VIM OBfien, 70 secure
Samuel +. Hobbs. The identity of the goods
levied With those repievle is admitted
NJ. Thompson argued that those goods we've
the property 81 me Vrustee, and not of the css-
TIA qrs t:ust, consequently they were -spie Wed
By 'hs vrong person. The deed was referred
10 al read. The ceCiaretlon asserts property
ia The plaintiff. The goods were the properly
OF one J. ). O'BrisE or William O'Briep, ana
or the contingency OF default OF payment of
note, or Judgment obtained On the note. trus.
tee can cell At 10 stage OF the deed does it
psss the property or right Of property posses
sion or right Of possession 20 Hobbs. The
plaintiff having no title cannot repleyy the
eLterec Up.
STREET RAILROAD CASE
In he case Of Geo Z. Leste We. he Wssh-
inetcn GEORGETOWN l. X. Go. Merck and
Sallacer fer plaiorf; Bradley for the defen-
dant. This il q case in which the piaIn Eff sued
for dam ages having been injured by being, he
alleges, thrown rom The car. The defendant
made 8 second affidavit OF the absence OF ma.
terial witness who Was in Europe, and the
Court said they would nos permit another
Continuance If one had been ALREADY granted,
as j: required Il stronger case tor second
con nance han the first.
Dir. merrick resisted the motion for contip.
uance on the grounds that a the car was foil,
there should have been many more witnesee.
who could testify 20 The came facts. Court
ssld she would decide 10 the morning
whether TO continue or not.
ColbUTn vs.. Swertz; continued by sent
James g. Kennedy, receiver, We. Bio1t aud
meman, and same vs.. Isaac l.. Biout: set-
lied. costs paid John X. Hutchinson VS..
Marcus MeNesl; oDunued by consent Schei-
berger Go VS.. Bailey; Judgment con fessed.
Case OF Corson Va Foley s. Graham; continued
ny consent Charles r. Abbott & Co. aud
Lewis Clark q Go. VS., John X. Foley; judg-
mebt by defanlt final
Only one case 10 be tried tomorrow, Uni.ed
States We. John Petroone.
CRIMINAL CoURT-Judgs Dlip.-Yastsrday.
II. shepherd and !. W. Thompson were ex-
eUsFd from service "a petit Jurors.
In the case OF John Bell and Barney Ciinket,
tried Tor assanlt and battery on MAY Murphy,
(of FigbtiDg alley No. L. the DIET named was
convicted. and the latter found not gully.
james Aston, for stealing mules from J. N.
Seldom; guilty. Norris for defence.
Peter McCabe and james Smith, charged
with stealing horses fiom Hiram Waibridee,
were convicted. Brown for prisoner.
william Cation, Oh the charge Of petit larceny
plea ded guilty jail for 80 days.
John Fox alias John Taylor, CHARGED with
petit larceny, wac found guilty
koberT jenkins, charged with petit larceny,
was found guilty. Court adjourned
To-day.-koHf pros. entered In case of James
Richards and Francis BuTk. james Richards.
grand larceny; guilty; sentenced 20 Que year
at Albany penirentiary. James Richards, IN
another case, a0lte pros. Jonathan Waters
grand larceny, guilty. Conrad Miller, lar
cepy; verdict guilty. Joseph johnson alias
Joseph Major. larceny. George Smith aims
George Buie. larceny.
Equity Cor Rr, ynstiee Wylie-Scriyner vs..
Balienger; will on purchaser to show cause
&c. Edmondston VS.. Cammaek et al: order
appointing committse to assign guar dian
Court adjourned.
tlS ouE REPORT yesterday Of Chief Justice
Carriers opinion IN the case OF Dennisou VS.
the Corporation Of Washington, two type.
graphical errors occurred: "Remambrances,
shouldia veiosen ss en- INSTANCES" and whsre
Il spesks OF iault of neither clert nor counsel.
should have been mo fault and not "a
fault 3.
~AbsxArDsiA lTnhs.--Ths Journal of this
morning says.
Tue following cares We're disposed of n the
M ststrstes ONCE yesterday: Murphy and
J Fore Z, wroDgfully arrested for the alleged
passing of bogus fractional currency, dis
~ H. al