Daily Republican., 1879-11-26
OUR COUNTY COURT.

Tho Ejectment Csse-The Court
Jury and SPECTATORS ON Fence
tho Entire AfteFnoOn-Tns Pro-
bability Of Their staying There
Another Dsy Very Encoarag.
lag
Specially Reported for tho Republican.
NEw CASTLE, Nov. rs, 10.
After the genealogy Of the family o
Mr.. William Bash had been thoroughly
discussed In the ejsctment case, an idei
Of which was given in yesterdays is
sue, the line Of testimony took til,
shape Gas we'll as substsnce) Of a very
irregular worm feucs. On this poinl
the rightful possession Of tins property
hinges.
According to the evidence glsanet
some time back in the nineties OF a late
century, when nothing but ruin ant
plenty OF 1t, covered the sites wher'
now: Etand bustling manufactures
there was line OF denarcation which
should have separated what is now tn
property of the Harris family and thu
Delaware and Western Railroad. This
what is now looked upon for con
veniencs sake, ss an imaginary line
runs parallel with, the back Of the City
Hotel, and binds a continuation will
the western line Of the spar shed dock
on the Christiana, adjoining the foot Of
Sbipley street.
In Wilmington's primitive existence
the water from the creek Tapped arount
this line and there being thick depos
1t Of mud over the spot IL was impossible
to erect the fence. The grandfathers
little dreaming Of the mischief theJ
were doing, set the feLce back on th'
solid ground. Generations came ant
generations passed away, but yet tha
fence stood, and the true boundary, al
though on record, passed almost alto
gether from memory.
At various other times it seems fol
convenience sake, the fence was moved
further back, which of course, whil'
lessening the real estate value to th'
individual ON one side of the fence
naturally enhanced the number Of tee
and attending value on the other side
1t might have continued in this wa,
for centuries had it not been that tn
property on the leaning side Of th'
fence was put on the market under or
der of the chancellor, and was purchas
ed by James Thompson, who afterward
released it to the D & w R R., Co.
This property was purchased unds
the original partition which marked ou
this imaginary line as boundary fol
$4,000, a sum much larger than woult
have been given for the diminished
tract; and it is the purpose Of recov
ering this land and having the piec'
set back to the original line that th'
suit Of ejectment is being tried.
The tenants or defendents in the
suit hold that the title claimed is no
q legal one and that If 1t was as repre-
sented the line could NIT be- recovered
because of the fact that it is virtually
oblitersted by ruling Of law which
acts in a limitary capacity. The plain
tiffs naturally oppose this on equitable
grounds.
The consideration Of the location o
the fence took up the entire afternoon,
Mr.. William Miller Of Chester being the
only witness called besides Mr.. William
Bush. The position Of the fence, tht
height of the fence and the color OF
the fence were all considered; and of all
the fences in the universe this partic
ular fence was the most migratory,
1t travelled all around the spar shed,
fantastically danced over a space Of
thirty feet in as many consecutive min
utes, in fact created such desultory
speculation among the ideas of the
jury and witnesses as to leave consid-
cradle doubt in their minds as to the
province of fences in general and the
specific purpose Of this indentical fence
in particular.
The consideration Of the case will
be continued all to-day and tomorrow