, 1873-07-23
Tie Lake Shore md Fort Wayne
Roads Before Judge Farwell.
One Large Land Case Ended
and Two More Be-
ginning.
Petitions for Opening New strects..-
Lincoln Park Rape Case
Dropped-."New Suits.

tho motion to dissolve tho injunction restraining
tho Pittsburgh It Fort Wayne Railroad using
o portion at tho lands Of tho Lake Shore
l. Michigan Southern Railroad Company in this
county, aB follows:
It appears from tho papcra In this causo tint tho
Pittsburgh Fort Wayne ailroa nil It's track across
tho picco Of nnd owned by tho Michigan Southern 4
Northern Indiana Railroad Company, Bomo yoaIa ago,
scl land bong situated In this county, ncar Engo-
wood. 4 single track was laid, aud tic ordinary
dltchca woro dug on each side Of tho track. Some
years Ater that, limo Of telegraph poles was put UP
tho west line Of tho 100 feet IN width which dofcnd
ant claims to occupy and fence was built ovor por-
ioM Of tho distance Oh tho wcs lno. limo Of tolo-
graph poles was also Ro1ne years ago, put
up by tho defsndant on tho cast sido
OF ita track. Tho defendant has commenced
to lay second track west Of tho first track, and With
in tho limo Of tho 100 feot, The complainant flied
bill to cp1pin tho laying Of this second rack. Tho in
junction in fact prohibited tho defendant from using
auy portion Of tho premises but It Is admitted that
tho complainant docs not wish to prevent tho dofeud
ant from using tho frat track from continuing to
tho promises ns they have heretofore bean used
but merely TO prevent tho laying aud Of second
track until compensation shall have bocn made, aud
defendant shall have right to proceed according 10
w hs ae aas @ tha @
sasa: asfsa:ans; aas sSa sysss It ssss and
soals sssa 0iS and o dcfandant 1o aso claims that
inssinuch a possession was nrat taken with tho
isa Ct tho o
Its prcaued consent that tho right to occupy ~ not
mere censo good 9nly for @ tnS me thst ssiaa
ctcctcd, treated a. trcspRsacr. mn OF opinion
that to nuch as wea naao of tho p,omses With
and liz putting up Of tho telegraph poles the
plnunnt not 1t liberty to royoke tho ncensc, a. tt Ia
ealcd 30 AZ 10 tompe tnc 10 tlo9
ltlnt {FlE
md decided, and compenHasion msdo. think It is
eydet shateyor possession in point Of fsct tnkeo
hat lilo only right Il. complainant has, u H. right 70
compensation but that tho right to occuv. " e1ocs
of such consent oo s4 !" s1ist r. 10
and wen defendant sceAa 10 makn fssne1 ueo OF ano
rosry laying t te'a It i a. Seora sHa
can bs held to wstrnnt its laying such new track
understand from atatomcnt .nado by counsel tilat
hold from complainant full md FREQ compensation
for the vnluo Of tho whole 100 feet to 10 used
o % s' s5 ro uss 5
lats, provided compensation Ia made; hut the
complainant tnsista that tho compensation shall 10
used.
The molten 1nado before mo ,vaa to dissolve tho
provided ho 1 aG So Of tass M
company With satisfactory suroty with penalty aur
tonol that The defendant will pay al damages sustained
tor q hts land the 100 feet to 9 and Do
Of tho mat;or and provided TINT defendant shall not
tnsst upon IT. right to retain this laud any portion
taxos and shall relcase any and oil CHIN ii damages
by reason Of tue injunction granted in this cause
Mr. Campbell, for defendant, said he WaB Bat-
giyo tho bond and waive the statute Of limita-
tlon, and tho right to damagcs, as suggested by
tho Court.
Mr. noys, for tho complainant, dosirod to psay
m appeal from euch ortlor.
Tho Court said tlat thia was nos final hear
Ing Of the cause, but nero motion 10 dissolve
tho injunction on tho bill, answer, aud afida-
Wits, Oh both sides, and that no appeal would 1io
from Blch order.
n1r. Campbell eaid that it counsel for CON-
plainant desired to take tho matter to tile Su-
promo Court, aud preferred to liaEo this conaid-
cred final hearing on tho bill anawar, and alli-
davitH, instead Of on tho depositionH, ho was
willing that it should bo flnal hearing, 30 tbat
complainant could appeal from the order Of tho
Court, provided thoy woro not required to COM
ply with tho condition ns to tho bond and waiy-
ing their right uudor the statute Of limitations.
Tho order was made accordingly.
The caao thus standg appealed, and as the ap-
peal always carries with it tho injunction, tho
defendant renainn enioined.
AN INTERESTING MONEY TRANSACTION.
In the caEo Of Grant Goodrich, who sues for
the use Of Alonzo Kent and Richard P. Marion
Y. tho Merchants Savings Loan &, Trust Com
Returned verdict for so,a75; and defendant
took m appeal. Tho case ii @ singular one.
= As stated BY Mr. Bonty, for complainant, 1t
soem8 that Kent Il Marion were the owners Of
shepperd ind Fred. 5. Wolla contracted to buy
tho land Of thom ut $500 per acre. on tho condi-
tion that the Wcst Chicago Park act, then before
tho people, should bo passed by popular vote.
The bill wa8 thus confirmed, but the
for soma reason or othor, no
longer wanted to have tho land. The con-
pay 81, ,odo il money and md tho balance % when tho
transfor should bo completed. The $4,000 in
money was to bo deposited in tho Third Nations
rich, acting as agent Of tho vendors, wien tho
bill finally went 10 force. In accordance with
thus agreement, on tho day OF tho voting thoy
were about to make tho deposit, whom tho bank
tho defendant, ,.-and both chooks woro drawn,
certified, aud Deposited the aame. morning, tho
deposit being Oh tho condition that the money
vas to bo drawn BY Goodrich, tho agent. on tho
day after the voting, II tho bill STOOD When he
being contonded that Jefferson had not voted
for the bill, although that was not an element in
tic transaction; hence the action.
LAnGE LAND CASE.
a case, involving the title Of seyenty-two
acres Of land south Of South Park. was yeater-
day decided by Ills Honor Judge Farwot, viz:
IIoyt Y. Tuxberry, for specific performance. Tho
question. in the Wow Of tho Court, turned upon
whotler the complainant had done nll in his
power to carry out tho contract. It was proved
Tint tho defendant had told tic complainant he
had dono oil 1t was In his power to do to carry
out tho contract, and ho wAs ready to mako d
conveyance. But complainant was not prepared
to accept. Flo put of tho matter. He wanted
certain things done which ho held we're absoluto-
ly necessary to mako clear titlo mud 10 it went
on: Meanwhile, tho property largely Increased in
yaluo. Tho Court held that when vendor has
declared his inability to do more than he has
done. and vondeo then rcfnsost to acoopt tho con-
veyancc, the vondor is no longor hound by tho
contract. Tho bill Was dismissed ut complain
ant q coatB.
REpLEVIN OF A oAHAL-noAT.
Yesterday, in the Circuit Court, Frederick
Roots, for hlmsolf, Thomas 8copt, and John
Harrington. ownera Of tha canal-hoat 81 Board
Of Trade, reployi1led tho samo, with hor fur1i-
tnre, apparel and tacklo. valued Mt 81 .000 from
George Von Hullon and John Harrington.
COUNTY COURT.
h1arn Wright, tcBtAmontary guardian Of
Catharlna L. Wright, ct al, minors, was author
led to borrow tho sun, Of 81 200 at an interest
f}3,,rr r1t~