Daily Republican., 1879-05-30
THIRD EDITION.
OUR COUNTY COURT.
IKE Hollis Jury Disagrees-An In
teresting Suit Of Ejectment-fhe
Uougberty Will Case Settled.

specially Reported Tor the Republican.
NEW CASTLE, May, 80, '79
In the case Of Derringer VS.. Derringer,
the Court ordered the jury to render
verdict for the defendant because the
plaintilf had not sufficient probate. This
gave an opportunity for the plaintiff to
take bill of exceptions from which he
would have been precluded had a non
suit been granted.
In the case of Solon 5 Andrews VS..
Isaac Grubb, sheriff, and VIM. d. Robin
son. A replevin case inadvertently
left off of the trial docket. Gray and
Vallandigham for plaintiff and John ii.
Rodney for defendants. Mr.. Vallan-
disLam suggested the death OF VIM. ii.
Robinson and that his administrator
John T. Gould sould lie a party de-
fendaAt.
Elizabeth Stewart was brought in and
pleaded guilty in the case OF selling
liouor without license, and was SEN
fenced to pay a fine OF $50 and costs in
each case. Nolle pros were entered
in three other cases against the same
pr soner.
The eiectment case Robert Roberts
VS.. James Kelly, tenant, in Possession.
spruance for plaintiff.
The case is peculiar one, the cir
cumstance being as follows: William
Morrow owned the square on the West
side of Adams street. This he disposed
lin building lots, first selling four ol
them, beginning at the Seventh street
corner fronting on Adams street, Rober
Roberts the ejector above mentioned,
possessing himself of the fourth one.
Mr.. Morrow then began on the Sixth
street corner and sold four more, also
fronting on Adams street, the fourth
one being purchased by Neal Gibbons
As consequence of this, the lot pur'
chased by Gibbons Tapped over thai
previously bought by Roberts 81 inches
Subsequently Mr.. Neil Gibbons bull
a house on the lot last mentioned, which
is now occupied by James Kelley.
This caused the plaintiff Robert Rob
eyts to bring this action of ejectment
An hour or so was consumed by MIR
Spruance in explaining deeds, ,&c., aIte
which Mr.. S. II. Thomas, city surveyor
who testified that side of the square OF
Adams street was 81 inches short.
The Court stated to the jury that th
case was an unusual one, there beinl
very valuable property at stake anc
that a. 10 d-trncps was made a verdic
would have to he rendered in favor c
The plaintiff.
This was done after which the tria
LIST was taken up.
In the will case Of George B. Dough
elty, which came tetore the court OF
an appeal from the register, Judg
NoOtten yave decision. The court a
the last session ordered an issue b
taken before the jury, which jury fail
ed to agree and We're discharged. Thi
term the will was taken before the cour
fora decision which was to the eiiee
that the court failed to establish the vs
iility Of the will.
The Chief Justice stated that he wa
10. present when the testimony wa
given. but decision differing frol
this would establish dangerous pr'
dent in legalizing TIE making of
will some sixteen months prior to tn
death Of the testator as was done
Gals case. The court reviewed the te
tirnony Of Mr.. Hochkeppel, which W.
con. idered conclusive that the testat,
when tie will was alleged to have bee
made, that the deceased was in art
cuIo morts. "
At six o'clock the jury in the Holl
case came down and Informed the CouI
Of h. utter impCssibilty of their agree
ing. The Court sent them back I
their room. 1t is under stood the
s'Ucd SIX to six.