The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1870-12-23
Reported for the Columbian.
Court TRIALS.

the particular issues involved, and
may deserve some particular notice
from the press.
Wm. Martin G. pfe IS. Timothy Bagan
and Others This was an action against
certain employees or workmen of the
Catawissa Railroad Company for tres
pass upon the lands of Mrs Martin, in
Catawissa township. About 1885 An
drew Traub gave a release to the rail-
road company ola right of way through
his farm, mentioning only the land ere.
quired" for the road without defining
its width or location. The road was
located across the farm within year or
two afterwards, and farm fences were
put up by Traub on each side of IL at
distances therefrom which left strip
of land to the Company of about forty
feet wide. These fences were kept up
where first placed until 1869, when the
Railroad Company had them moved
back so as to increase their actual ap
preparation of land to width OF. sixty
six feet, the width they were author.
ize to take by their charter. This was
the trespass complained of. For the
| defendants it was claimed that under
the general release from Andrew Traub
the Company was entitled to 66 feet
and could ut any time demand their
rights that the Companys right of way
was an easement which would not be
lost or limited by non. user, wholly or
In part, for more than twenty-one years
and that the fences did not define Il
hostile possession as against the Compa-
ny. On the other hand, it was claimed
on behalf of Mrs. Martin that the fenc
es constituted true division lines be.
tween the Company and the owner of
the land that the Company had in fact
appropriated only forty feet when their
road was originally located and could
now appropriate no more without pro-
per proceedings and paying for the ad-
ditional land taken. And il was proved
by Michael Brobst, witness called,
that he was employed by the chief en-
gineer of the Railroad Company, about
1886, to make agreements with Mr..
Traub, and other land owners for the
putting up of fences that he agreed
with Traub for his fence making at the
rate of fifty cents Der panel, and after
wards, when the fences were made,
went upon the premises with an assist
ant engineer of the Company, counted
the panels and reported the work done
to the Company in order TO its being
n In ma p To-,
tin through several regular convey
anceS from Traub, and her husband
brought this suit to test the question of
right in dispute between her and the
Company.
The court preserving a question or
two of law for after consideration sub.
mitted to the jury to find upon the evi
dence whether the fences were estab-
lished as defining boundary between
the Company and Andrew Traub and
acquiesced in as such subsequently, or
only placed where they were permis-
sively and without concession by the
Company of right in Traub up to the
lines indicated by them. The jury found
a verdict for plaintiff for $40 rs damages
for the trespasS committed.
E. J. d. u. II. McHenry as. Joseph R.
| EUans This was an action on the case
for damages for an alledged fraudulent
transfer of goods by Rev. Albert Hart.
| man to the defendant, whereby the
plaintiffs lost their debt against Hart.
| man. The trial lasted from Tuesday
| afternoon until Friday forenoon, and
resulted in a verdict for the plaintiffs.
The principal witness to sustain this
action was the Reverend gentleman
whose pecuniary affairs and transac
tions in 1868 constituted the subject
matter of Investigation, and h testi-
fled that he sold his store in July of
that year to the defendant with the in
tention of hindering his creditors in the
collection of their debts, and that the
defendant assisted him in the accom-
plishment of that object. The leading
facts OF the case as they appeared upon
the trial were as follows :-Tnat Hart
man had small store in Bloomsbury
in 1868 and was in failing circumstan-
ces; that he gave a bill of sale of the
goods to Evans upon some terms which
had reference to the payment of his
debts; that he continued in possession
of the store for about thirteen days af.
ter the sale when Evans took possession
OF the goods and proceeded to sell most
OF them out by auction on various
evenings during the months of August
and September, and that some other
property covered by the bill of sale was
applied by Hartman, or by him and
Evans about the same time to the pay
ment of some small debts which the
former owed. The defendant alledged
that the proceeds of the auction sales
and of some private sales made by him
were applied by him to the payment OF
certain of Hartman's debts pursuant &c
a preference of creditors made by Hart.
man when the bill of sale was executed
and that in fact he had paid out to cred
itors about S75 more than had actually
come into his hands. 1t appeared he
had paid back debts to the amount oil
scotland 800 besides on a bail debt,
but the value of the goods which came
into his hands was in dispute and was
not clearly ascertained Besides his tes
timony and that of Hartman were in
direct conflict as to the terms and OBJ
Jects of the original contract of sale
the defendant averring that he was tc
pay the preferred debts Including one
of the bank debts on which he was en-
dorser) and that his engagement to dc
so was the consideration for the transfer
to him of the goods, while Hartman
asserted that the transfer was made tc
hinder creditors and to allow him to &C
ON with his business and pay creditor:
in somewhat different order OF prefer
| encp