The daily gazette., 1879-12-04
FIRST EDITION.
Our County Courts.

CLEAR SAILING IN THE EXCITEMENT
sUIT-THE EVIDENCE ALL IN AND
THE AR0UMLNr COMMENCED.
Specially reported for the Gazette.
NEW CASTLE, Dec. 3.-When court
eas,embled at 8 o'clock to-day, MIR.
Cummins offered In evidence book en-
titled, "Original Settlements Oh Il g Del
aware" The court decided that the
book, being tradition, was not admissa-
ble. Mr.. L ummins then announced that
b. would offer no more evidence. The
PLAINTIFF called VIM. Bush by way of in
Producing rebuttiDk h stimony, and ques.
toned him with regard to the statement
made from the stand by James Murphy
In the forenoon who had said that when
Mr.. Farra ran the line, both William
and George w. Bush had appeared salts
fled and the former had remarked that
Mr.. Farra had run the proper line. ~
did not use the words, that is the line"
said Mr.. Bush, "but spoke with regard
to the one that had just been fixed, aud
not the true line dividing the two pro-
perties."
Preparations were now made for the
commencement of the arguments, and an
indirect suggestion ~ their ant cipated
length was given, when the court dis
charged all the jurymen except those en-
panelled In the pending case, until Fiji
Gay morning.
Mr.. Bates, having had q formidable
array of law books brought into the
court room and ma. shalled before him,
commenced bis argument At 3:2O o'clock.
fIa A,ot .IIraooaA tba ~ tho
matters bearing upon the title to the
land, and upon the law governing ejecl-
ment cases.
The legality of the title of the plain
tifis TO the land In dispute could not be
questioned. The deed from Ball to
Leonard as far back as 1910 speaks OF
the dividing line as the east side Of the
dock laid out by Thomas West. The
description rec,ted In Frederick Leon
ards deed also spoke Of the eastern
boundary as the line running along the
dock. Again the eastern boundary is
given In the deed Of the Sheriff some
time later as lands late Of Enoch Moore.
The will of Samuel Bush In 1929
gives the boundaries Of the land as
| ohipley street, Water street, the Christi
ana creek and Enoch MOorc's land.
Thus far, the speaker argued, the east
| line of Thomas Vests dock and the
liue of Euoch Moore's land, are shown
to have been III one place. If the fence
stood where II is said TO have stood in
lS49, 1t must have been Oh the line OF
Enoch Moore's land, and, hence, OH the
east line OF the dock. The plaintiffs
were possessed of the land, according
TO this, aud must continue 50, until the
contrary has been proved; which is not
the case as yet. These two deeds last
gwen, and other deeds previous and sub
seQuent, show that the east line OF
| Vests dock was the same as the east
line Of Enoch Moore's land. Much
light was thrown upon this point as tt
the dividing line by the deed OF John
Harris TO John A. Harris, which de-
scribes the laud as follows: "Begin-
ming at q point on John Harris land
100 feet east of Orange street, thence
east by said Harris land parallel will
Water street 80 feet to Vests dock o,
Frederick LeOndrds land, thence by
said line south, IL degrees west, ETC."
The plaintiff can trace q good paper
title to the land since 1881, which ]:
much prior to the date of defendants
legal possession of the laud adjoining
and nothing could effect the plaintiff
rights. Mr.. Bates went on at grea
length to review the different deeds ant
finally came to the deed of Samuel lay
Ior to James Strimple, dated 1925, tn
desc cdption in which covers the uPPe
end OF the land, which is claimed b.
the plaintiffs by prior title. This LAM
descended to Harris from Strimple, an'
on account Of the questionable nature
of the deed 1t was said to have bee
sold tor tan old pair Of boots"
Mr.. Bates commenced to cite th
principle of law governing adverse poss
ession with view to asking the Coul
to charge on certain points, when Coul
adjourned until tomorrow morning
which time he will resume his aigu
ment.