Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-02

Delaware State Fire and Marine Insurance
Company.
Examination resumed The Nichols farm is
worth about S26 an acre; the number Of
acres on the farm is about 1882.
Cross examined-DuPont station is about
6 miles from the Mckee farm by land don't
know how far it ia by railroad, prob
ably three and a-half or four miles the
farm runs down to the railroad there are sew
eral buildings on the farm; there is a store
and also dwelling, which could probably
be replaced for $4,000; at the railroad there
is small depot building which could be
built for $500; the dwelling is a two-story
frame 46 by ~ feet; there ia also a tenant
house at the other end of the farm worth
probably $500 or $500; can't give
the value of the barn it il old
and worth not more probably than
800 or $3.50 the farm has two sets of build
ings and is in fair state of cultivation
some of it is productive, and II small part of it
is set in Strawberries and raspberries
the Nichols farm buildings are a new house
which | suppose cost about 81 500, it also has
a new stable; the house liz a common ordinary
two-story frame house common timber, COM
mon paint, &C.; don't think 1t has a barn on
it, there il a small house standing away from
the others it is worth perhaps $500 do not
know IF any fine chestnut timber on the land:
there was some timber on it some years ago
for long time, and | should judge that there
was but very little left; do not know that
there are 60 acres o. timber land on the farm;
think would know il it was there.
HARVEY d. LEARNED.
Harvey d. Learned, affirmed = Reside in
Dover hundred, Kent county; about three
miles from Dover know the Mckee farm
and also the Nichols farm the Mckee farm
| IL probably worth S40 an acre; the Nichols
| farm about 1926 an acre.
Mr.. Bates offered in evidence the record of
mortgage made by James Gray, on the Gray
| farm, to William Bright, for $4,000; since
assigned to the Delaware State Fire and
Marine Insurance Company and sworn to
| before the Maryland State Insurance Com
missioner az a first lien. He also offered in
| evidence the record of mortgage uron the
same property for 80, 500, by William Bright,
| and assigned to John Ferris. sBoth these
mortgages were entered on the record on the
same day and hour of the day, but the mort
gage held by the company was entered sey-
eral pages ahead of the Ferris mortgage. He
likewise offered the assignments of these
mortgages. the one to the company and the
other to John Ferris, on separate pieces of
| paper The mortgages and assignments were
admitted as evidence and John Ferris called
to the stand. He testified
JOHN FERRIS
me; il has not been satisfied it was recorded
by William Bright or at least he took it and
| promised to take it to the recorders office and
| have it recorded for me- he gave me to
understand that my mortgage should be re-
corded ahead of the mortgage held by him,
and mp to day or 80 ago believed mine was
a first mortgage.
Cross-examined--D not know who brought
the mortgage over here to have 1t recorded ;
Mr.. Bright told me that he would bring it and
have it recorded first.
THE MARYLAND CERTIFICATES.
Mr. Bates offered in evidence certificates of
| statements of the condition of the Delaware
State Fire and Marine Insurance Company,
filed in the office of the Maryland Insurance
| Commissioner on December 31st, 1875, and
December 3lst, 1877.
MIR. Whitley demanded that before the
certificates were admitted counsel for the de-
PENDANT be required to produce the act of
Congress bearing upon the question of certi-
iication of papers from the courts of one
state to another. He claimed irregularity i'll
one of the certificates, and also demanded
that defendants counsel be required 10 pro-
duce the law of Maryland creating an insur-
ance commissioner of that State.
Counsel for the defense of their own mo-
ton produced the United States statute called
for, from which it appeared that the certiti-
Gates had been issued in regular form. Mr.
land creating an insurance commission, and
held that the signatures of the State
officials accompanied by the signature of the
insurance commissioner, himself, and also by
the great seal of the State, must be regarded
as finally establishing the fact there is such
an officer, and that he holds his position by
virtue OF the laws of the State
The Court 30 decided, and the certificates
were admitted.
PENNSYLVANIA DISPOSITIONS.
Mr. Bird offered the deposition of several
witnesses residing in Dauphin county, Pa.
who would not attend the court and being out
of its jurisdiction could not be compelled to
do 80; the statements we're taken before
Samuel j. McCarrell of Harrisburg, Pa.
appointed commissioner by the court for that
purpose the dispositions being properly Ger,
tIiied,no objection was offered and they were
read by MI. Bird:
JONATHAN spAYD.
Deposition of Jonathan Spayd I reside il
Jefferson township, Dauphin county, Pa.
am 30 years old and a farmer have resided
in Jefferson township nearly 40 years an
acquainted with the value Of land in Jefferson
and jackson townships, Dauphin county
have been collector of taxes in Jefferson
township am acquainted with the land OF
Broad mountain made personal inspection
l of it in 1878 assisted in making survey u
the boundary of the land in rs it il entirel,
| unimproved there are no buildings on it il
is scrubby mountainous land, very rough
I rocky, unclcured and wholly unproductiye !; II
is worth about - per acre ut public sale fol
! cash would not bring more than That woulc
not loan more than two-thirds of the amount
. of this valuation that have ma 10 on it.
John II. M'dANv.
. Deposition of John X. McGann-Am 81
years of age reside in Jackson township
Dauphin county, Pa, am a farmer, schoo
!, teacher surveyor and Justice of the peace
am we'll acquainted with the value of land il
a Jackson and Jefferson townships; have set
I tied many estates in these townships an
i Mountains; made a survey and exam
= nation of it in 1878 assisted b,
! Abram Fortenbaugh and Jonathan Spayd
/ II is II tract of mountain land. covered witt
n nothing but scrub oak all the valuable timbe
il having been cut OFF and removed except from
A a small portion along the northwestern boun
"A Diary, containing possibly 100 acres, which !
v timbered with chestnut and chestnut oak;
4 is entirely unimproved, there are no building
d upon 1t, or upon any portion of 1t, at leas
/ there were not when | examined it as abov
Ia stated the land il rough and rocky and M
IT portion of it is cultivated, small portion oil
d top of the mountain might be cleared ap
n cultivated but, from its location, it woul,
# cost more than could be made off of it TO
ia clearing and cultlvatlng.
Il, In my Judgment this tract of land is no
worth. in its present condition, more than &
10 per acre | would not give $1,000 for tn
O. whole tract and, were it not for the portio
q of about 100 acres of timbered land which
l. have mentioned | would not take the Who'll
tract of land and agree to pay the take
+. thereon. AT public sale for cash it woul
ID not bring more than $500. have had grea
A. deal of experience III the last seven years i
"a selling real estate in this and adjoining town
~ ships from that experience | don't thin
T. this tract would sell for more than $500 i
7 my Judgment it would not be safe to loa
m more than $500 on il personally would nc
10 loan anything on this tract the cost of cut
ting and ping and putting the timber i
n market would be fully equal to the marke
n price that could be obtained for it and there
If fore | regard the timber as of very littl
AZ value; l have just finished cutting and pu
az ting in market the timber off of six acres c
Ia land of my own Ga miles nearer rallroa
re and know the expense incurred was yer
se nearly equal to all got for the timber.
I'd CHARLES L. ROLLINS.
rs The following deposition of Charles I
SO RollinS, of Chicago, was then read
IL am 50 years OF age; live in Chicago al
az publisher and editor of the Argus hay
n lived in Chicago for five years James I
IL Myers came to me and stated that he wante
TO to get charter to start as insurance con
o. pany in Delaware and | made an arrang'
u, ment with him through which to secure I'll
ed charter of the Delaware State Fire and MART
n Insurance Company in which | had an il
pc terest he asked and obtained from me a
ne Introduction to George b. Money, to whom
M stated that he intended to organize con
III pany under the above and got 1t into workiu
vi shape.