The Monitor. [volume] (Woodstown, N.J.) 1884-1892, 1885-10-30

kliIAiDlkG 4i4lt " iLiI Tic ltllGt III JIaJlll Oh tNE
iippincott property above the railroad.
and that the Lippineott fence had remained
unchanged.
1t was further claimed by the plaintiff
that the cellar way of the defendent Was
within the line Of the three rod road laid
in 1920. That is, that taking the center of
the old Bullet ane as ascertained by their
surveys Of the adjoining lands to he the
centre Of the three rod road, a line run
ming parallel with this centre, and / 1-2
rods North Of it would include the cellar
way. TO this point the maps Of the plaiii-
tiff and the testimony Of their surveyor
George X. Morrison was directed The
correctness Of the surveys was not dis
puted by the defendent nor was the cor
rectness of the conclusion drawn there
from by the plaintiffs either admitted Or
denied. The testimony that il the three
rod road was laid as claimed if
would embrace the locus in quo
(and it further appeared that it
embraced several feet Of the Risley
store OH the opposite side which was not
removed until ~forty-six years after the
road was laid) led the way to the offer in
evidence OF the return of the surveyors to
show that such road was actually laid out
ia 1920. The admission of this testimony
was objected TO on the part of the deicn-
dant upon the ground of legal defects on
the face of the return which would render
the action Of the surveyors in laying the
road null and void. 1t was conceded OH
the argument that these defects were of
such a nature that if the action Of the sur
yeyors at the time had been inquired into
by direct preceding to set aside the return
they would have been fatal. but it was
objected that the question as to whetherthc
ey4r1ra.rfyg had aufa1 raratAorlE could MT Iu4
inquired into in q suit not Instituted Tor
the express purpose of reviewing the -
turn. and that lapse of time and legal pre-
sumptions in favor OF correctness would
cure any defects in tile face of the papers.
To these points a long and interesting
argument occupying the whole Of Wednes-
day afternoon was address to the cours.
and Judge Reed decided in favor of the
legality Of the return Upon the ground
that tile Court of Common Pleas which
appointed the surveyors would be presnm-
ed to have exercised control Of them and
passed upon the snificiency of tie proceed
ings when before them in 1920. and the re
turn was accordingly admitted in evidence.
10 this ruling the defendants counsel eE-
eepted. And the case proceeded, the tes-
timQny of the forty-four witnesses examined
inthe cause and a large amount ofdocumeT-
stated, 1t further appearing that the pres
ent curb line on the north side OF East
avenue from the property of John Hanes
to the railroad was a uniform line and was
t feet 4 inches further out into the road
way than The defendants curb line opPo-
site the eeilarway. and that an extension
Of the curb line below the Eianes property
- ~ Ian $3.50 y - a'ii - = eHs,
"pvfe No'iu .eiiisn y gu : -
sueNa,h ou.Site tae eeii@i"ss 1919 :.
@oald ee gained pN leaving me ctiro y ~
present. p'steioh ny ie'ios ~ ~ !
way, ana that taa present Will - rAss
aYeL1le ihciadhh9 tefas IN q4o was u iee'-
o. ~ more i,ah the . loa roaA s"nsHt -
es est-ollsheu.
nc testilloHs 1881 ~ ara@s =
~ ~ ~ % ~ = -
eupieu oy aIsefleil u o'ulisei ~
parity 70 tiie court on po'ies % IAN ''As
Pafeis 70 tns JrtS' anu a ~ sle 40 oo'r -eanes ~
aelt ; argument tne oouFt Wiz ieq'es.eg
70 eiarse on several pfoPoslelols - seA.sa
oy counsel toaeaihs 1ie vacation o. wy
road oy noil-user, ana tie J9pisaietiohs
sisht q eie c2Hfi q oolhlHoh lieaso -
surveyors OF the AAgh"as " tay out q l'f1a
III li.e place eAaiileu, Anese Poni's @PpeHi
lh the e.af5c y the oouit witch 80 -
sH2sv@ilef y lolioNs- L..
Inc question y "heShei d Fuoho Ssieyt
runs over tae aeielfaaht c~eliarWas; =
~eNldehee sattsles so4 on eAiseeses % s4e
street you hlest hhu ioi piaiitiilS. iile
Pla5htlhs lh,st assume l,e pitaeiloi pro'i.
II the evidence y evenly Tataigra yun i'ast
a'Hi lof Inc asleh'lAit, lhe pdaii.lls saN
Isl, 'te t0ets ta q0o Was useo = ss"as :, !
way "a, ihat d roau Mas iAlu ofsl she
pace oy tie return OF lo-e.
As 20 Isl poi,.u' tile ploot seems - - 'aiAt
an ~ iehce saiieN .a,e -" -
existed on the hoFtn sue o. tn@t fo'tt :,
ioh@ as the "ltnessgs eo4ia Ieiae!aoef. =
you ma that MT. quit ,a'siae
tlat ienee mo rug loas is ~ NJ 49, ~
tue fsht OF the Puollc ana you neea ~
quire no lurthef. IL ne HaS kept Nisiae ts'at
renee men You must iooA in'o the oiHei
POM.
Inc PROOF III lals eAse e.'ii,.'cts - sAs
POINT. ihefe Ntg thoAuiheii's iioHe Mn'st
3ou Ia! Jad9S ne pfesSii my oita,e cei-
i%fWa3 = ,f-fV ieet rum ~ ~ io"'i'a1HAh
81 gie ilsles stoie. .a,r;.
humphrey ; SV,Is 1t7eii , Q lhohsaleiH'
81 rs rucse.Vn theio = o.Spnee- heeh
i'eu'Nh !; DieA,iN' IN w $500 ~
way 9luIsenHl' N'laSe' iniiPHiey
9onh y: ltlcAluss'i anu o'neiS ~ =
g1ne., loa must eAaililne any uecrle.
Inc Lipplncot' renee y a.so Nor3h y oe
eeaiAtAlieu q ~ liiuieaeion = o5ullua's
inns delehus oillle efeaipiiltA u tue plo'i'