The daily gazette., 1879-11-25
The Superior Court.
THE EJEC TMFNT CASE CONTINUED
| THIS MORNING.

THE E-IEC TMFNT CASE CONTINUED
THIS MORNING.
Specially Reported for the Gazette.
NEW CASTLE, Nov. 25.-rte Super
ior Court met this morning and Victor
Dupont, Esq.. presented a petition from
the Wilmiugson * Northern Eailrohd
COMPANY, asking the court to appoint
co,nmissio ers TO assess damages 4 AT
would arise from the poss' ssion OF Gel
tain land OF Edward LeCarpeh,er by
he W. ~ y. X. Il. Co., In building
branch line of the road u the Rockland
Paper Mills. The building of thi, AL
had been autherized by all amended act
passed by the Delaware Legisl .ture last
~inlel, and the land had teen refused
the company by the said Eeward lie
Carpenter.
The jectment suit of John Doe vs..
Rich rd Roe and John A. Harris and
tenants, was then resumed and William
| Bush as called and testified 10 the e.
nealogv It the Bust family, commence
ing with Samul Bush, 1ho purcha ed
tn land in tigatlon at sherii's sale
from Thomas Moody, sheriff. BY Mr.
| Bush's Testimony the heirs TO Samuel
| Bush were trace down to those hO
! took part in the suit In chaucery.
when the property was sold by order of
| t'c Chancellor, aud pun chased by Jane,
! Thompson, from wlom IL passed 10 tre
w. u y. X. X. Co. through deed from
WIN. NJ. Cauby "A d wife.
Th, deposition OF John 4. willard,
taken in Philadelphia, was now put in
evidence, the object briI Z to show that
an en.ioacllment Lad been madr hy the
defendants upon the land. The deposi
ton, which is very lengthy, states that
in 1854 John a. Willard was Sheriff oi
New Castle County. In 1888 he was a
b ock aud pump maker, at the foot ci
Sliplev street, in Whining on, on the
properly in dispute. The land he q, Gu
vi, d was about thirty feet wide, and ex-
tended from Water street to the Christi
ana creek. All that me the and al
joining the lot he occupied on tie lef
was occupied by John Harris, 81. A
te ce divided tie two properties, and
this extended down the westerly side Of
Shiplcy .tre, to the creek. The fence
wa, about twenty feet west of Shipley
str ct Quite a number of other parlicu.
lars in regard TO the description of III,
land at that time, were also contained
in he deposition. The pap then went
;hc property in March last, and he no.
ticed that the dock on the IL ,rris prop'r
ty had been widened, and the fence ap
pcarcd TO have been moved over on the
, land he had once occupied.
Wm. Bush, recalled-(,he deed o
Frederick Leonard and wife conveying
the land to Samuel Bush shown,) | re
cognize the deed; il came into my pos
aaseinn a,nonfr nt barS of NV faiber's ma
pcrs. The deed was never acknow ledget
or recorded. aud was dated 1916. ltwa
put in evidence as an a, c-nt paper
The paper contained The boundaries o
the land as fixed by Thomas Wes
who butt the dock that forms lh
western boundary of the properly. Thi
deed shows .wo thin.s: that tn
property came into the hands O
Samuel Bush by due process; and tina
the boundary and outline OF the proper,
at that early period corresponded in al
cssentia al particulars with thai of the pre-
perty claimed by the plaintiffs, and part
ly occupied by the dcfenda is.
Mr.. Bush further test fed that tn
earliest recollection he had of the pro
perty was about the time of his grand
'ath,r's death, at that time the whai
front was 100 feet further inland u an
Y is now; in 1859 the wharf was 30 fe.
front IN width. The witness went on a
great length detailing the description {
the property.
COURT NOTES.
Yesterday, Secretary of Sta'e, Jas. !
Wolcstt, Ed, was aiteniing Court.
Judge Wootten received intormatio
this morning of the death of VIM. Fis
Townsend, in Lincoln, Neb.
y The Court viii adjourn for ThanksgI
/ ing TO morrow, and not meet again unt
$ mex. NJ onday,