The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1883-12-27
DISTRICT COURT.
Findings and Judgment In the Boughton.
Hecht case.-A Christmas Pres-
snt-0ther Matters.

Court convened yesterday morning
at 10 O'Clock, Chief Justice James B
Sener presiding.
The Journal record of Monday wai
read by the clerk and approved by the
court.
Joseph Larose VS.. Mary Larose; In
this case the court, after having con.
sidered the evidence az contained In the
report Of the special master in chan.
Gerry, awarded a decree Of divorce to
the complainant, Judge Sener remark.
ing as he passed the decree down to
Jeffrey. "Mr. Clerk, here is q Christ.
mas present for Mr.. Larose."
The court announced its findings and
judgment in the Boughton-H echt case,
which were as follows:
MARY E. Boughton VS.. Charles Hecht.
The following special findings In this
case are made this 26th day OF Decem-
Der, 1888, at the request of the plaintiff
in this action. The court doth upon
the Issues Joined, End the following
conclusions Of fact:
1. That the defendant Charles Hecht
occupied the premises described In this
action from the 18th of March, 1879,
until September 8, 1882, when he was
evicted under an execution in an action
of ejectment between the said parties
for the said premises, which said action
was instituted on the 18th day Of
March, 1879, and in which Judgment
was rendered in this court on the 29th
of March, 1880.
2. That said Charles Hecht's occu-
pancy during this period was bona ide,
and under color of title which was dis
turbed and set at naught by the judg-
ment in the before mentioned action OF
eiectment between the parties to this
action.
8. That the fair rental value to be
paid to the plaintiff Boughton by the
defendant Hecht for the premises de-
scribed In this action, from March IT,
1879, to September 8, 1882, is the sum
of 1857.
4. That the said Charles Hecht who
was in possession Of the premises
in controversy under color of title
and bona 6de holding under belief of
ownership when this suit was brought
on the 18th of March, 1879, had erected
IN the premises described In this action
prior to that time, in good faith, bene-
fetal, useful and permanent improve
ments, to the value of 1850.
8. That the plaintiff in this action
had not assigned her claim or right of
action herein prior to the bringing of
this suit, or subsequent thereto, to
Fanny Ollorenshaw.
6. That there was no proof of any
taxes paid by the defendant, Charles
Hecht, for the property in controversy
herein.
The court finds as conclusions of law
as follows:
That the plaintiff shall have and re-
cover Of the defendant herein damages
assessed at 1857, less the sum of s549
allowed to the defendant Charles Hecht,
in mitigation Of damages for perma-
nent improvements made on the prem
ises described in this action, in good
faith, prior to the 18th of March, 1879,
by the said defendant. whereupon 1t
is ordered by the court that the plain
tiff have Judgment against the defend
ant for the sum of 1897, less the sum of
S549, which is the sum of S3l7, and
interest thereon from September 9,
1882, until this day.
The judgment in this case is there
fore s367.46. The court stated that If
either party desired to reopen the case
he might be induced, If a motion was
filed for that purpose, to sustain the
same.
Fred g. Fisher VS.. Ellen T. Fisher;
the hearing on the motion for a con-
tinuance for the term was postponed
until January %.
Hans A. Colland Vi. Mary G. Clark
the evidence of Gen. E. @. David was
taken and the case continued until the
28th day Of December.
John F. Halsted vs.. Annie Clawson
and G. P. Justus; continued until the
next term of court.
No steps have as yet been taken to.
ward a new trial In the Poland Martin
case.
The session was q short one yester.
day, for the reason that a case which
had been set for trial had been settled
since the adjournment of court on Mon,
day.
Court adjourned until 10 O'Clock thii
morning.
McEwen's Oyster Ocean open day