Daily Republican., 1879-11-28
our COUNTY UOURT.
A Continuation OF the Ejecfnent
Case--rhe Position Of the Fence
Still q Matter OF Dispute-COuse
AdiOurns over Than K ~ living.
Reported for the Republican.

AdjOurns over Thanksgfvfns.
Specially Reported for the Republican.
New CASTLE, Nov. 26, 70.
Court met at ten o'clock this morning
Chief Justice Comegys and Judges
Houston and Wooten on the bench.
David Connel, superintendent Of the
Western r. r. Co. sworn, said his father
lived in new house on the corner
of Water, Railroad and Shipley streets
In SO or 81, was about six years Of age;
To their house was back yard, ba,k
Of the blacksmith shop there was a
fence; the fence was around the trees
so that when you sat on the fence you
sat among the trees; as far as Tecollec-
ton goes the lower part of the fence
had been swung around. The shiPyard
property of Mr.. Harris was back of the
stable to the rear Of the house.
Cross examined: The fence ran un.
der the trees, these trees are marked
in the plot bg stumps.
Joseph g. Seeds, sw0rn:---Live in
Wilmington; am 70 years Of age; oc-
cupied o shop in 1861 on the Leonard
property; occupied it two years; shop
occupied adjoined the blacksmith
shop; 1t pointed 80 feet towards Ship
ley and 20 feet back; the name of the
shop would lap ON the blacksmith
shop; there was fence back Of the
smith shop; the back line Of witnesses
shop run to the fence; the fence ran
on 70 the boat house from the ). ".
corner Of witness shop; the corner OF
the fence ran on from the boat house
connected with the building line about
80 feet above the front of the wharf;
this was in 1861.
John q, Lewis sworn: Live in Will
mipgton since 1916 and am so years OF
age; was In the coal business, occupied
part of the street and part Of the Leon
ard property; went their first in 1853;
was there about five years. Witness
occupied all the Leonard property from
!. the blacksmith shop to the creek. !
sublet the carpenter shop to Mr.. Seeds;
boat house was built on land rented
by Mr.. Leonard; didn't make any OBJ
/ lection.
Fl Why didn't you asked Nr, Spru-
} ance.
. Mr.. Cummins-l object
The court overruled the objection
land Mr.. Lewis answered:
"Because wasn't asked; there was a
's from Seeds shop to the fence; on
fem 'sterly side of this fer CO Mr.. Har-
the g. ,laced some lumber with his
ris had 'Gastime after vessel came
consent, - load Of gravel. Wit
into port wit. Harris and asked hin
ness went to Mr.. removed, Mr.. ar
to have the lumbe. Il it va, not con
ris let him know th.
venient. s.--t,ccu,;oa !
James Murphy, swor. ,ute viii
part of the property in dis. .: mart
coal yard; occupied it since lSb- ~
Of the fence running from the cree.. =.
Water street was moved by Mr.. Harri. =
have known fence to be moved twice.;
it may have been moved three times;
have measured the distance from the
corner of Water and Shipley street be-
fore 1t was widened; from Water street
to the point Of the line Of demarcation
found it to be ~ feet; have sighted
from this point and noticed that the =
line would strike the east end Of the
wharf (this is the line which marked .
,ut and said to be the real boundery);l ~
apon one occasion bought property ami .
while measuring was accosted by Mr.. :.
Harris who asked me if | had struck '
ny line; replied no that if l did .
would run on his railway; purchased !
his property in 1867 from Mr.. Harrity =
gent for Mrs. Leonard but afterwards
ost property through mistake over u
he boundary lines. J
At the conclusion of Mr.. Murphy's q
'videnes the court took a recess.
AFTERNOON SESSION. !,
Upon the re-assemblipg of court the c.
urors not empaneled in the ejectment n
ase were discharged from further con- 2
iuuance at this term Of court. The @
jectment case was then proceeded with. n
William II. Sterrit sworn II am a /,
Vbeelwright; have worked on this
property in dispute. | went on i. in I
iarch 1868, and stayed there until 1875
ack of the shop | had paint shop,
nd when Mr.. Harris made the encroach- IL
1ent he cut into and out the back of d.
~ shop; built the shop in the yard 4"
nd put 1t about inches from the fence; a
put the shop up in 1866 witness 81
1orked in the shop when it was used k
y the Harlan Il Hollingsworth Compa- 81
y,when the shop was below the houses; #
nd the houses were moved THAR own a,
,Lgth in the direction Of the shop. W
Then first occupied the shop rented Ii
ON VIM. Little who rented from Mrs. at
eOnard. I
John Basder sworn occupied part yc
this ground in dispute in 1868, there 70
as yard attached about 10 feet wide ht
the upper portion and Is feet at the "
wer end. My fence formed part of W,
10 boundary line; it was up against ge
10 willow trees; rented the property to
ON Mrs. Lsouard at the time the shop an
as cut away; saw man surveying 80,
% land and it was under the supervi-
on of Mr.. Harris; left the place in
40. pi,
Samuel W. McCaulley, affirmed aft
ON October rs, 1877, until January 80, ces
", was agent for this property and At
i'd the rents collected there from to XII
rs. Rebecca Leonard. When Mr.. Th
arris moved the fence information was vs
ven to me either in September or Oc. ap
Der 1874. Can't say positively when th,
1t Mr.. Baeder was my informant. by
,nt there at once and found that the Mo
noe had been moved; part Of the pro- no
rty rented to Mr.. James Murphy
d was notified by Mr.. Baush not to
Llart rent from him after the moving