Wilmington daily commercial., 1872-11-27
NEW CASTLE COUNTY COURTS.
TUESDAY.
Nov. 20, 1872,

Nov. 20, 1872,
Tho Supreme Court, Court of Oyer aud Ter
miner and General Sassionsiof the Peace and
Jail Delivery were opened this morning pursuant
to adjournment Of YESTERDAY.
The case Of William s. Williams Us. George
G. Cleaver which was on trial last evening was
continued.
The Plaintiff produced evidence, cumulative
of that reported yesterday, to show the renting
Of this farm by Cleaver to Williams and his sub
sequent forcible election therefrom by defend
ant on the 9th Of May last also affecting the
question of damages claimed by plaintiff. The
terms of the arrangement to rent and what pro-
portiOnate shares of the crops were agreed to be
be rendered AZ rent, were inquired into; also
what was the amount Of each crop actually raised
ON said farm that year, and their respective
market values.
The defence contended. and endeavored to
show by evidence produced that in the first place
there was no tenancy but simply an agreement
ON the part OF Uleaver to hire Williams to work
the farm for the year, and give him one-third OF
the crops raised, as compensation therefor;
that secondly IL this was a tenancy the plaintih
had not sufficiently proved an exclusive possess-
ion OF the property, nor an eviction therefrom.
The arguments in the Gaze were not completed
until afternoon, when the Court in its charge to
to the jury read the first two sections Of chapter
100 OF the Revised Code, as follows:
''Sec. ANY contraction consent, pursuant to
whcn a tenant shall enter into, or continue in
possession Of lands, tenements, or heredtaments,
under dll agreement TO pay rent, shall be de-
mise.
Sec 2-Where no time is expressly limited, a
demise shall be construed to be for year, except
OF houses and lots usually let for a less time.
That this is question merely OF fact and the
jury must decide, whether the agreement was
for Williams to pay tWo-thirds OF the crops raised
as rent. or for Cleayer to pay the plaintiff one
third Of the crops raised as compensation for lis
services That il the former, it was tenancy, and
that il the lpaintiff had been evicted from the
possession, Ills damages should be what would
have been his profits for that year, and that 1t
would be competent for the jury to take into
awarding damages.
The jury retired at AZ o'clock p. NJ. and up
to the time Of the adjournment of the Courts
had not returned. Samuel NJ. Harrington, Esq ,
for Plf. George G. Gray, Esq, for DIT.
On the favorable report Of the committee ap-
pointed yesterday by the Court to examine Mr..
Samuel A. Macallister, that gentleman was ad-
mitted a practising Attorney in the Superior
Court he subscribing the oath VI Office and pay
ing the usual fees.
On the following cases a verdict was given in
each for the plaintiff to Kirkpatrick Il Sons, us
l. 7. Chamberlin-for $977 46 aud cost - Coun-
sci, Bradford Jr., for Plf. Nieids for DIT.
Norris Il Milliken Us. l. L. Chamberlain,
s5i2.50 Bradford, Jr., for pltf.; Nields fol
| diff.
C. @. Smoot & Son u.s. J. 7. Chamberlain
| S11s2.O9. Harrington for pltf Neil1s for diff
| Jacob Hoffman, Us Lewis * Son, S2l37. 43
Bates for pltf. Higgins for DIT.
| Chas A. Keasloy, Us Lewis Son, 1901. 81
| Lore for pltf. Higgins for dit.
The case Of Amos Ringwalt rs. John A. Har-
ris, called for trial and during the examination
of the first witness, the Court adjourned unit
10 O'Clock Wednesday morning.