The daily gazette., 1879-11-25
FIRST EDITION.
THE SUPERIOR COURT.

THE FJECTMENT SUIT OF THE ID. W, n,
u. co. vs.. RICHARD ROE, JOHN A.
HARRIS ET. AL.
Especially reported for the GAzErrE.)
NEW CASTLE, Nov. 24.-About the
only thing Of any interest done in the
superior Court yesterday was the COM
mencclnent OF the litigation of John
Doe on the demise of the Delaware
western Railroad VS.. Richard Roe, Johu
"A. Harr $, Eliza Harris et. al. Geo. n.
Bates appeared as plant MS counsel
and was assisted by VIM. Z. Sp,uance,
and Walter Cumnins was counsel for
tbs defendants. The action is one of
cJectn ent and the case promises to be q
long one.
IL vas commenced when court re-as-
sembled after the noon recess, aud Mr..
Bates opened the case TO court and jury
with an explanatory statement. The
and in question is bonded by Shipley
street, Water street, the Christiana
creek ami the lire of an old dock cx-
tending in from the creek. Mr.. Bates
SAID this plot Of land, part Of which was
in the possession Of The plsintiils and
part in the possession of the defendants
tact of land, descending by perfectly
legal title, and an aln ost unbrokeu line
fr,m the Duke Of Yoik to the present
owners.
lie u en- spoke in rc. ard TO the nature
OF the title. The plaintiffs were willing
TO base / cir claims from the possession
OF Joseph Ball in 1910, at which time
the title pas ed into he hands Of Fred
erick Leonard, Back from Joseph Bali
the land can be traced TO the Duke OF
York. 1t may not he necessary for the
plaintiffs TO 20 beyond Joseph Balls
possession. 1t came to Joseph Bal by
will from Vim. Ball and previous to this
| IL had cen sold by Thomas Dlick,
sheriff, and came into the possession OF
Joshua Way 1910. Prior to this DR..
| Jas. Nj iner owned the whole tract, and
1t desc nded from Miner TO Way by
his sous. Andrew ,Iustison held 1t ueiol e
Il al, and from him IL can be followed
regularly back To the time of the Duke
# York. In r. gard to the matter in
| litigation Mr. Baes sail tha the defend
ants from time to time had with a GER
tain purpose showed fence over, ana
| by this means had taken in more laI d
than the plaintiffs had now in their pos
session from the original tract.
| Mr.. Bales Low followed the land
| doan from the time Of Frederick Leon
AID who got possession in 1910. 1t pass
I'd through the hands OF She i'll John
Moody to Samuel Bush who bought It.
Samuel Bush died in 1881 TO Rebecca
his daughter, and in case she died child
less, 10 his SOILS George and David Bush.
The passage was then traced down I'M
I'll the title passed into the hands OF
James Thomp on and from him to VIM
Candy, who ueedcd it to the Delawar,
Western Railroad G, mpany.
Two plots of land, drawn on scale
Of 20 feet to the inch were offered ii
evidence at the conclusion Of MIR. Bates
address.
Deeds and titles of lard were theu in
| troduced IN evidence as follows Duk'
OF York To Peter Peterson ; Peter Peter
son To A ndrrw .JustiSon, 1854 Andrew
Justison TO Dir. James Miner 1882 An
drew ,Jusiison 10 Thomas West, l736
DIR James Milner to Sam'l NJ liner, 1888 u
DR.. James Mlluer to Sam'l NJ liner, 1886
Dr. James Miner to Thomas Miluer
1876 Thomas Milner to Thomas West
Jan. 81, 1883; James Miner, Sr., /,
Sam'l NJ liner. Jr. , l74S Sam'l and,Ia
Miner 10 Joshua Way, 17iS Joshui
Way, bv will that cannot be tohnd, tC
VIM Ball VIM. Ball to Thos. Duck
sheriff, 1863 Frederick Leonard aDt
wife to Sam'l Bush, April 30. 1910 from
John Moody, Sh-nh, who sold II u
Sam'l Bu-h, 1870; Sam'i Bush by vii
Nov. 4, 1879, to his children Will o
David Bush, Dec. 2, 1864. The proceed
ings of the case of Bush rs. Bush II
Chancery were then Introduce d, ana The
return of the sale ordered by the Chan
ceIlur, 1877. At that time ibe land wa
purchas-d by John q. Patterson a. trus
Tee for James Thompson aud decided Il
w ilIiam NJ. Canhy, who, in turn, sold
To the Delaware Western Railroad. Ia
pers showing these later transact on
were also introduced.
During the Offering of this testimony
the plaiftif Il offered to iOtroduce an Ole
deed, CONTAINING a recital of the VIII o
Joshua Way, which had been lost, in OF
der to prove that such Will bad beel
made, and thus establish missing Ink
IL was objected 10 and ruled out. A de
position Of John A. Willard was also n
roduced and ohjec'ed to hy Mr.. Cum
mlns, Who claimed that no oral testinon.
could be Introduced tn prove the night u
property that could not be proved D.
| deeds or record.
The obi. ction was not sustained.
Court ,nen adjourned TO 10 o'clock &c
morrow morning.