The daily gazette., 1879-11-26
FIRST EDITION.
THE SUPERIOR COURT.

THE ENRICHMENT SUIT CoNTINUED-A
WITNESS TELLS HOW THE FENCE
vAs Set OVER HI THE DEFENDANTS
AND EXPLAINS WHY HE DID NOT
TEAR 1T AWAY.
Especially reported for the 0AzETrE.)
NEW Castle, Nov. 25. - William
Bush was kept In the witness stand dur
Ing nearly all yesterday afternoon in
the ejectment suit brought by the d. w.
X. X. Co., against Richard Roe, John A.
Harris and others, and the evidence he
gave was very plain and satisfactory.
In regard 10 the encroachment of the
efrndants upon the piece of land In
dispute, he said, be noticed the first
move little later than the year 1860.
At that time the witness was acting as
trustce for the land tor the heirs of
Samuel Bush. The tenant informed
him o, the encroachment and he went
to see the land, and found the old fence
torn down and new one partly erected.
In answer TO his remonstrance, John
Harris said that he bad . perfect right
To the land, and moved the fence simply
to straightan the line. The fence was
moved .bree times In all the last time
was In 1874, at which time 1t was
moved close against the blacksmith
shop.
Previous evidence showed that there
bad previously been q space between
this blacksmith shop and the east side Of
the dock, which formed the boundary
between the two properties, and wit
nesses had stated that this space was
wide enough TO shoe a horse in. Some
definite light as 10 how wide the en-
ciO.chedupon "trip must have been was
given by William Miller, Of Chester,
"a, who was an apprentice at black
smithing on the property about 1874.
THIS VII ness testified that at that time
the width between the building line Of
Shipley street, which, If extended,
would be the present boundary, and the
east side Of the dock, which was consid-
cred the boundary then, was about
twenty feet. It Ii claimed by the de-
tense that just that much "a strip 20
feet In width) has been encroachcd up
on. The dock In question is called
"West DOCK" and was built by Thomas
West q century ago.
MIR. Bush further testified that In 1874
the last move having been made, and
the fence showed over TO the building
line of Shipley street, he began to think
of cutting down the fence and throwing
il back on the property Of Harris. In
order to see just how far the fence had
encroached, and thus determine about
cutting 1t away, he employed Mr.. Daniel
Farra 10 run q line, 1t seems that this
was necessary, owing to the fact that
the deed giving the boundary Of the
land, (the one from Ball 10 Leonard, }
does not give the course by the compass.
Mr.. Farla ran line, but this agreed
with the fence as II stood then. No sur
veyor would be able to ascertain the
line without much trouble. AT the time
the line was run Mr.. Harris said the
deed called for a straight line, and he,
in moving the fence, had made 1t the
true division line TO accord.
During q cross-examination, which
lasted for several hours, Mr. Bush was
asked why he did not take the matter a:
once into court, when he noticed the en-
croachment. He replied that at thai
time the death Of one for whom he wa
acting as trustee, was hourly expected
and al that death the land would bt
sold for the heirs on an order from the
Cbancellor's Court. 1t was therefore
concluded to be wise TO let the matte
rest and permit the party who bongh
the property to fix the boundaries b!
due process.
The case will be continued to-mor
| row.