Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-04-08

show that the money Claimed Oy pam
tiff district had been used in educating thi
children of the district ), The part set of
having the same privileges as the old dis
trct, and sending children to school in thu
old district after being set off.
The following is the charge Of The conr
to the jury:
II appears that certain portions OF the territor.
belonging the plaintiff District, on the 18th April
1862 was detached from the defendant District, ant
became part of the plaintiff District The order OF the
Town Board detaching this territory from the oidel
and defendant District was made 18th September
1868 but the order by its term was to take effect on
the April afterwards Tfleorder of the Town Boarn
wed the plaintiff or District no portion OF the
old property then the possession 81 the old District
but ordered that if the defendant District at the
upon the territory embraced iii the old istrict, that
the latter shoald refund to the new district the
amount of tax collected from its territory.
The order creating a new District sometimes goes
into effect Immediately. a. other times, 1t may be
postponed for three months, or longer time put
no division OF the property belonging TO the oia as
order is made The town board can only divide
p, operty" belonging to the existing district tax
levied upon the property within the territory OF the
old district may he regarded property due that
district and jstce that tax when collected ought
to be divided, when raised for school house for
which the new territory is taxed gnt N WHSa =
support u school in the old district, while the new
district is supporting school of its own. But the
real equity between the districts cannot be enqured
into in the present action-the order of the town
board whose duty it was, to determine these equities
must govern to the extent of the Jurisdiction of such
board.
But the town board has no Jurisdiction where the
sesrston is to take place at future day. to require
the old district to refund to the new districts the tax
paid by the i,stter, in the support OF school, to
which the children Of the new district hau legsl
The recovery Of the plaintiff district In this action
must be limited to the aGunt OF tax which It's terri
tory paid for the purpose of Building the school
house in the defendants district. Tire amount of tax
levied by the old district, for the building Of school
house. was $500, for supporting school, &c, $3.50.
The whole amount of tax paid by the new district for
both these purpos es was $les5l. territory whose
Inhabitants have elected school district officers, all
the voters meeting at such election, have built a
school house and employed teacher, where it has
been severed from the parent district by order of
the town board of supervisors, and over which the
latter district ha3 ceased to exercise Jurisdiction,
be regarded legal scho" district, although
all the steps required by the law have not been COM
piled with.
The jury returned the following verdict !:
We the jury find for the defendant.
JOHN HOARE, Foreman.
Thomas Adams VS.. Thomas W. Adams,
ct al. Lanyon & Spense'y for plaintiff,
Alex. Wilson for defendant.
Jury trial. The following is the jury !:
Henry Rowe, W. t. williams, Ellick Allison. Lewis
Beayaut W. H. Prideaux, James Bell, W. r. Fargher,
BEN Butterfeld, Robt Hamilton, Jos. Van Metre.
Jonathan Job, Philip Allen,jr
This is an action Of trespass, and was
brought 10 recover damages to the amount
of 5 900. The complaint set forth that
the defendant entered the premises of the
plaintiff and dug several mineral holes,
lie hot t,..
lease on these lands, ifobtained at all, was
obtained fraii1ulehtly.
: Counsel for defendant stated that they
have a regular lease they deny any cause
of action. Admit they have dug some
holes and burnt some straw. Mary Ad
ans leased the said land to Thomas w.
Adams. who was to fill up all holes that
are not more than IL feet deep. Every
portion of the lease hsd been complied
with and an injunction had been served on
Thomas w. Adams and damages claimed.
Thomas Adams; the tiSinttf was then
sworn, and testified He is acquainted
with these premises. Mr.. Swim had pos
session Of the land, having leased it about
"a year Ago. He had not written lease of
the land from his sister; but verbal I'M
that If he Would provide for
her during her life time, he should
have the place. Up to the present time
had fulfilled his contract. carrying her I
beef, ! a mutton whenever he killed, be-
sides providing her with -four and other
things. Some time in November last saw
T. W. Adams, D. Baker, j. Baker, and R.
lIammii, digging on the land, went up to
them and told them to go, that Ire did not
want them On his land.
The place is mostly fenccd,1 IL acres plow
ed; defendants were digging on the pillow
ed land; suppose. they were partners in
The diggings. They had dog n holes from
400 to 3 feet apart. The holes were about
10 feet wide they had spoiled about 3
acres of land. There is crevice that has
been reserved defendants have been dig
ging on the crevice; will take a man
days to fill up one hole /; did not see any
one burn any straw. They used up some
rails from the fence the damage to the
land was about $50; the rails they used
were worth about so cents. Mr.. Swim's
lease expires this spring; he rented il on
halves. There were no buildings on the
40 where the diggings are. There had
been no arrangements between witness
and Mr.. Swim.
Mary Adams sworn. She gave all her
interest in the place to her brother, the de
fendant, providing he would let her have a
living, that was all she wanted In this
world. She had told Thomas W. Adams,
when he asked her permission to dig, that
she had given all to her brother, but he
might dig on the place if her brother was
willing she told him she did not wish to
sign any agreement before her brother
came. and then he could sign it with her
n. w. Adams appeared very anxious for
her to sign the paper, said he was very
poor ard, HAD nothing to do. Mr.. Platt-
man let The place to Mr.. Swim; there is a
contract drawn up between them there is
a frevice that has always been reserved !;
they had not filled up the holes; there are
4 or acres spoiled by the digging.
Mrs. Chaplain sworn. She is SISTER to
Thomas Adams; her sister had rot srfli
cent things in the house to make her com
Portable, and she had given UP all her in
terest in the property to her brother all
she cared for was merely living; he was
to do What lie. thought proper with the
property. The holes were cribbed up
with poles and rails the digging was in
the best piece Of land; the damage is over
500.
Samuel Swim sworn. He had seen de-
PENDANTS digging on the place. There were
"a new holes dug. and all of them on the
| plowcd land the holes were scattered all
over, some of them filled, up, some not