The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1885-11-06

he brought ejectment against Mann and
Robson. William G.. Hurley appeared
for plaintiff, and Charles II. Buckalew for
| defendants. Klasc recovered. He and
Mann were brothers-in.aw.
Mann was elected treasurer of the Coun-
ty, and John Fisher, George Miller and
George Longenberger went on his official
bond. The commonwealth brought suit
on this bond to November Term, 1885, Ed
ward II. Baldy for plaintiff and Reuben w.
Weaver for defendants. The common
wealth recovered $6035.e3 which with in
terest and costs the bail subsequently, dis
charged.
In 1851 Klase and wife made and delv-
cred deed for this "Catharine Longen-
berger" tract to Fisher, Miller and Longen-
berger, and gave paper signed by Miller
which it was claimed by one party gave
the deed the effect Of mortgage, which
conclusion was denied 10y the other party.
This little paper was proved and recorded
thirteen years afterwards.
Meantime, in 1868, William G. Hurley,
Esq, for Longenberger ct al, brought
ejectmcnt for the lands against DIR. Hugh
w. McReynolds and others who claimed it
from the original warrantee, on warrant
Of August 28th, 1903. In 1865 Simon p.
Wolverton purchased the interest of Fisher
and Miller and became one of the plain
tiffs. The cause was tried in May, 1866 be-
fore Judge Elwtll, by Lyman Hakes, NJ.
| K. Jackson and B. Nicholson for the plain
tiffs, and by John B. Packer, Robert F.
Clark and John G. Freeze, assisted by Ja-
cob Hoffman of Berks county, for the de-
PENDANTS. There was judgment for the
plaintiff, writ of error to the Supreme
Court, and a reversal. Up. F. Smith 13.
The case was again tried before the same
Judge, in December 1872, by A. Ricketts,,
NJ. Z. Jackson, Henry NJ. Hoyt and George
W. Woodward for plaintiffs, and by Sam
ue Linn, John G. Freeze and Charles II.
Buckalew for the defendants. There was
judgment for the plaintiffs, to which a
| writ of error was taken, and the case came
on to be heard in January, 1874. Ex-Chief
Justice Thomson was concerned for the
J defendants in the argument, and died in
| the court room, within five minutes after
his opening. The case is reported in 25
Smith 13, and was affirmed. The plaintiff
having got into possession, DR.. McRey-
nolds ct al by John G.. Freeze and Charles
G. Barkley brought ejectment to February
Term, 1875. which was removed to the
county of Cumberland for trial-was tried
by F. w. Hughes for plaintiff, and Mr.. A.
Ricketts, for defendants assisted severally
by some gentlemen of that Bar. The de-
PENDANTS obtained a judgment which was
affirmed by the Supreme Court, and thus
ended the contest between the Tax Title
and that of the original warrantee, the tax
title having won.
During these years of litigation coal in
considerable quantities had been taken out
sometimes by the holders Of the tax title,
! and then by the Simon p. Kase party oper-
ating under DR.. McReynolds ct al. and on
the 81 Nov. 1874 the Longenberger party
by A. Ricketts, brought trespass for mesne
profits John G. Freeze and Charles e..
Barkley appeared for defendants-thc case
was subsequently removed to Wyoming
county for trial, where Mr.. Sitter, Messrs
Little and f. w. Hughes appeared for de-
PENDANTS, and Ricketts,, Ansart and Nc
Aarney for plaintiff. There was finally a
verdict for plaintiff, which was assessed
| at $40, ,000-and remains unsatisiied.
However, while all these aforc mention
ed legal contests were progressing, vigo-
rous controversy had arisen between Lon
gcnberger and Wolverton, the owner of the
two-thirds of the Fisher, Miller and Lon
genberger interest. George Longenberger
had died, and his will was proved in Au-
gust 1s65-in June 1865 Woverton had
purchased Fisher and Miller undivided
two-thirds-in Nov. 1866 Klase quit-claim.
ed to Mann his interest in the deed of 1851
Mann conveyed an interest of his claim
TO Longenberger's executors, and in 1868
bequeathed everything to his wife, and
died IN ,nuary 1870. In 1870 +. Stewart
procured nm agreement with Caroliue Mann,
widow, and deed, OF which nothing fur
ther need be said.
Claiming that the deed of 1851 and the
paper accompanying it, signed by Miller,
constituted but "A mortgage, and Wovcr-
ton mortgage in possession, certain money
| was rendered to him Dy the Mann party,
and re-convcyance OF his two-thirds de-
manded in 1866. Wolverton claiming as
owner, refused to receive the money or to
convey. Accordingly in September 1874
Mary McAlarney by A. Ricketts, filed bill
in Equity against Wolverton, to compel an
account and conveyance. John G. Freeze
| appeared for Wolverton and filed an an
swer, the bill was amended, introducing
+. Stewart, and Mr.. Freeze put in an an
| swer for Stewart, for whom, however,
Charles G. Barkley afterward appeared.
On the Bill and Answers samuel Knorr
Esq, was appointed Examiner and Master.
The taking of testimony In the case was
begun November o, 1876, and was closed
in June 1880. Mr.. Hughes appeared in
the case lOr WOlVeTlOn Win MI riceIc'
Reports, exceptions and arguments con
tinued in regular order until April 7, 1884
when Judge Elwell, before whom the first
ejectment bhad been tried in 1866, made d
Final Decree. To this Decree exception
was taken, and when the case was made
up for the Supreme Court, on the Bill il
Equity, the paper book made over 5OC
pages. By this time all the coal proiitabl,
available had been worked oat, the mining
appliances, breaker, houses, switches, nc
had been removed, and the receiver had il
hand about twenty thousand dollars. When
the case came to be heard in the Supreme
Court, John G. Freeze and Charles r
Buckalew appeared for Wolverton ant
| Ricketts, for defendants in error. The
case was argued the first of March 1885
and decided the first of October following
the decree being largely modified in favo
| of the plaintiff in error, Wolverton.
"The Longenberger case" may be said Il
have been begun by the suit of the com