The daily gazette., 1879-12-02
FIFTH EDITION.
our COUNTY COURTS.
LAND LITIGATION.

xJkcTMENr SUIT AND ITs RELATIONS
10 THE sUIr AGAINST THE CRY FOR
oBsTkUcTiON-THEC CASE CONTINUED
A COMMISSIONERS APPOINTED In
the WEST DIVORCE CASE.
NV CASTLE, Dec. AT the OPEN
Ing OF Court this morning Richard q.
Cooper was appointed commissioner to
take ttstimoi. y IN the divorce suit OF EN-
ma +. West vs. Simeon l.. West upon
motion OF Alexander B. Cooper, Esq.
After some uniinportant moiions bad
been made In reirrenre to setting aside
SheIifl's sales, all of which were fus-
ed OH account Of having been delayed
beyond the proper time, the ejectnhenl
suit was resumed and MIR. Enoch Moore
was recalled and cross examined at
great 10, 9Th by Mr.. Sprua, c..
This case, which IL interesting, not
only on account Of its peculi r mature,
but also because the result will IN a
great measure effect the SUIT brought by
Eliza aud Mary Harris against the
Mayor and Council Of v ilmington, las
since yesterday assumed phase tavOra-
ble TO the defendants. The main point
made by the plaintiffs v as Il al the cas-
line Of The deck was the boundary be-
tween the two properties, aud that the
fence that formerly stood upon this !ine,
was, in places, moved over twelve or six
teen feet by Harris upon the lot now
owned by the ID. w. X. Il. Company,
This point, SO far as the removal OF the
ience Is concerned, wxs clearly estab-
lished when the plaintiffs rested their
case yesterday at noon.
The defense, now, starting from de =
scriptions Of.ibc land In ancient deeds, in
which the dividing line Is said to be the
| east side OF "lhe dock laid out by Thos.
West" claim and offer evidence to prove
that the present dock Is ally not the
dock laid out by Thomas West, but q
newer one whose east side Is further to
| The east Than ;he Id dock. If this point
is established, II will be held by the DE-
fense, q, q natural i.f renee that the
line Of the pres ut do,k Is not tile true
one, aud Mr.. Harris was justified In
moving the fence.
The suit against the city by the Messrs
Harri' Is for damages caused by the
obstruction OF an entrance To the Harri.
property by the city, the obstruction
being created by the renting OF the loot
Of Sbipley street TO james Murphy for .
coal yard. This case Is expected to come
up immediately upon the conclusion o
the one In progress. The former will b,
afie ted by the latter In this Respect. Tn,
land in dispute is part of the propert,
claimed to Lave been obstruct ed, and !
the plaintiffs win the suit, 1t vi !, o
course, bs .ettled thai the land did no
belong to the Harris f,mily, and that
not being able 10 prove properly, the.
cannot prove an obstruction of property
On the other hand, IL it Is proved Ina
the land is owned by Hairs and not b.
the Railroad COMPANY, 1t !, thought tha
no difficulty i'll be experienced in Sc
caring for the plaintiff an award O
damages against the city. Messrs. Cum
nj S and Pepper will represent tn
plaintiffs, and City Solicitor Macalliste
tie de endanis.
The eros. s.examination of Mr.. Moor
eiicted but few facts further than tbos
gwen by Charles Moore in his testimon
yesteriav. when Mr.. Moore was al
loved 10 leave the stand, David II
Haves was called. He test fled That D.
worked on the property from 1s45 I
1870, the fence which sepai ated The W
properties ran down the line OF Simple
street, and was built from 1861 TO 1856:
'h- marine railway dock wa made !
1919 90; this ran sionR sid the divi,iin
ieucr. AID there was ,Oue space be twee
the dock aud the fence.