Wilmington daily gazette., 1872-11-27
COURT PROCEEDINGS.
Tuesday. November 26th, 1872.


The SUPERIOR Court Court of Oyer and Ierni.
ner, and General Sessions Of the Peace ana jail
wore opened this morning pursuant to
adjournment Of yesterday.
The case Of William S. Williams ~. George q.
Clesver which was on trial last evening was con-
tinued. -
The plaintiff produced evidence cumulative OF
that reported yesterday, to show the renting OF
this farm. by Clcaver to Williams, and his sub |
sequent forcible eviction thercfrom by defendant,
on the 9TH of May last, also effectng the ques-
tion, Of damages claimed by plaintiff. The terms
of the agreement to rent and what proportionate
shares OF the crops were agreed to he rendered a.
rent, were inquired into also what wns the amount
Of such crop actually raised ON said farm that year.
and their respective market values.
The defence continued. and endeavored te show
by evidence produced that in the frat place there
was no tenancy, but simply an agreement on the
part of Cleaver to hire Williams to work the farm
fcr the year, and give him one third of the crops
raised as q compensation therefor; that secondly.
I this was a tenancy, the plaintiff had mot sum-
GENTLY proved exclusive possession OF the prop
erty, nor an eviction therefrom.
The arguments in the case were not completed
until after dinner. When the Court in its charge
to the jury rsAd the first two sections Of chapter
l2o Of the Revised Code, a. folows:
"Sec. !. Any contract, or consent, pursuant TO
which atenant shall enter into, or continue in
possession OF lands tenements, or hereditaments,
sesdSr an agreement to pay rent shall he demise
l
demise shall be construed to be for year, except
| OF houses and lots usually let for . lees time"
| That this 10 a question merely of fact and the
| jury must decide, whether the agreement was Tor
| Williams 70 pay two-thirds of the crops raised
as reMf for Cleaver to pay the plaintiff one third
Of the crop raised compensation for his services
| That II they found it was tenancy, and that
the plaintiff had been evicted from the possession,
| his damages should be, what would have besn his
pro6ts for that year and that 1t would be compe-
| tent Tor the jury to take into consideration the
| ag9rasatipn Of the eviction. in awarding damages
Tho iary retired at Az O'Clock. p. m, and up to
the tims Of the adjournment Of the Courts had
not returned. Samuel NJ. Harrington, Esq, fol
plaintiff. George Gray, Esq, for defendant.
On the favorable report of the committee ap'
pointed yesterday by the Court to examine Mr.
Samuel A. McCa,lister, that gentleman was ad'
mitted q practicing attorney in the Superior
Court. he subscribing the oath OF office and pay
ing the usual fees.
In the following cases a verdict was given il
each for the plaintiff.
d. Kirkpatrick Il Sons Us. 1. T. Chamberlain
for $3977.46 and cost. Counsel Bradford, Jr., TO
. plaintiff. Neilds, for defendant
Norris & Miiliken rs. l. T. Chamberlain e542. 5C
Bradford Jr., for plaintiff, Nields for defeudent.
c. Z. Smoot i Son rs. l. I. Chamberlain
; SllS209. Harrington. for plaintiff Nields TO
, defendant.
! Jacob Hoffman as. Lewis Il Son, $2l27.43.-
, Bates. for plaintiff Higgins, for defendant.
Chrs. A. kearley as. Lewis d Son, $S5l 81
3 Lore for plaintiff Higgins for defendant.
Case OF Amos Ringwalt rs. John Harri
e called for trial. and during the examination of th
first witness; the Court adjourned until 10 ocloc
5 Wednesday morning.