Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1870-12-03


ClerS.
The following jury cases were "ieu
during the past week
Joseph En'ler, VS.. Hm' 'e"'"'' n.y.
peal, on accoun'. No Yeso'c'. De''A'
hoover for Plaintiff; Van Swea1ngfn
t,- Defe,dant
= Ribs Executor, vs.. L. Elchison,
, hr c.,,;.bee
as "a'his,ee. n:,,-,... e..
Verdict Tor Delenud"'' ''-"o.
Plaintiff; Van Swesiingen ana Black
hr,, r., defendant.
" ~ NJ .. q N;.sysner
Jon"
Appeal: fe'o'ut 'o' pilar'. r..
henneoy 'o' '0'""N
Defendant.
/ r. A. Snyder, Admit, VS.. Jacob Sny.
as, Action Of debt on bond alleged by
/ -eia,od oond;,;on.
oe'e"o1n' - "1 sn;na %
any Nv
! press. Ge!'sho0'e' any p'd''oo'" 'o'
Plaintiff; Van S~eaTiugen. Green and
| Lucas for Defendant.
We are indebted TO the Msrlinsburg
c, ia ,,uo. inn .dd,,in,L n,ocsed.
N't' W.
! ings oil our Court I:
The case of the Baltimore and Ohio
Railroad Company Vs.. the Hsrper's Fer
~ Wafer Power and Manufacturing Com
pany was sell for hearing on Friday and
SATURDAY Of las, week. Upon the sppli-
cation OF the counsel engaged in The cause
the Judge consented 10 hear the case ar
gued at Msriinsburg. II. IL. Blackburn,
! ESQ, The Attorney fer the Railroad Co.,
filed bill in. chancery,in August iasi, en-
Joining and restraining Tie defendant rom
interfering in any manner with the said
road bed, bridges, works, &c, Of the bal
imore and OHIO Company, lying West oil
the iron bridge across the Potomac river
al Hsrper's Fc,ry. The defendant 6led
an answer and cross bill in which they
sIege that The Railroad Company has TO
right MOI tile to the premises in dispute,
and claim an exclusive ownership IN
themselves, and therefore pray the Court
to gran. them an injunction 10 restrain The
Railroad Co. from using the present
track. and from occupying in any way the
/ premises nov in the possession OF the
said Railroad Co. and as included, az
they claim. or is known IS the Armory
property at hsrpr's Ferry, recently Pnr'
chased by The SAID defendants IRON he
United States Government.
The Railroad Company, recIes IN
there Bill, contract between the Com
pany, and the Government OF the unI!ed
States. executed by J. r. Poinsei', the
then Secretary OF War. end Lewis Nc.
Lane, President oil the RalToad Company.
This contract was executed in Nov. 1888
and grants 10 the Railroad Co.. the right
OF way over The premises IN question:
since which time The Company claims to
have been IN lulI possession OF We same
! The Railroad 60. further claim maj
! part OF the premises occupied oy me oeu
OF the Road and now Claimed oy me ss'u
defendants, IS now and has ever oeeh
part OF The territory OF the State OF Mary
land, and they exhibit patent from That
Stale TO one byrns and oeeO rom
Byrns 10 the 20. Tor The premises so &C.
cupied by them. lhey also eSn'o''
deed from said BYTns TO The Government
Of the United States conveying certain
parts Of premises in dispute TO tie Gov
ernment OF the United States. This deed
vas executed subsequent TO the deed from
Bsrus TO the Railroad Company, and II
excepts and reserves The rights before mat
time conveyed by said Byrns 10 the said
Company. TIE defendants in !heir an
swey and Cross hill deny that The grant
Of The Secretary Of War is Of any validity
and they deny also ihst any part CT The
premises occupied by The Railroad Com
psny is within The territory OF The Stale
of Mary land and they deny that the Rail.
road Company has CONSTRUCTED he bed OF
the road only on premises described in the
PoIose,t contract. The defendants NOV
ed the Cour, to dissolve the injunrion
heretofore awarded to The Plaintiffs, and
~ e''"' .'e'" ." ~ ""e''," ,ha e..
on, ,,.cL The Railrosd Connapv there.
uoon sppied 10 the court for an order Of
survey Of the premises, and his Honor