San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1888-04-28
ghe 1ai1Y Eight.
Office No. East Commerce Street.
WON BY A COW.

WON BY A COW.
She Eats Some Hay Just in Time to
Win 100000 for a Poor
Farmer.
New York SUM-
OLEAN, N. Y, April 22.-In Septem-
Der, 1871, Griffith Jones. q farmer Of
Forrestport, Oneida county, purchased
at tax sale tract Of 800 acres of land in
the town of Allegany, Cattaraugus
county. The tract was wild and bar
rem, in an isolated region, and its owner
James Hill, had ceased paying taxes on
it and had removed from it. Jones, W no
was man Of limited means, paid $3.50
for the property, but after visiting
it, he concluded that it was
not wor tn putting any more money
in. and he paid no more atten-
ton to the purchase beyond securing
1873, two years after the date of pur-
chase, which gave him legal title to the
land. In 1879 petroleum was discovered
in Allegany. Hill assumed control again
Of the tract he had abandoned, and
transferred it to the Bradford OIL CON-
pany. The company drilled wells on
the tract, and 1t proved to be valuable
and large producer of oil. Jones was
ignorant Of the sudden great value the
tract he held the deed for had been
given by the oil discovery until 1880,
when 1t had yielded more than $500, 900
worth of oil, and was still great pro-
Queer. Jones brought suit against the oil
company In the Cattaraugus county
court to regain possession Of the tract.
and for an accounting for the oil that
had been taken from 1t and sold for the
profit OF the company. The company
disputed Jones' title to the property in
the clause In the tax sale law Of New
York state, which makes tax deed in
valid If the purchaser does not serve on
the occupant OF premises bought at tax
sale notice to redeem the same within
two years. The Oil company asserted
that Hill was occupying the premises
when the deed was passed to Jones, and
received no redemption notice within
the required time, and the occupancy
was claimed as the novel point Of law
that, although Hill was not living on
the tract, he had left quantity ofhay
in q shanty on the place when he moved
of Of 1t, which gave him legal dOmicile.
This was the entire defense to the suit,
and the Cattsraugus court decided that
il the simple fact Of there being hay on
the place, as claimed, could be estab-
lished, 1t would be ample proof Of occu-
panoy in law, and would destroy Jones'
title to the property. The trial resulted
In favor of the oil company in 1882. A
new trial was granted, and Jones proved
by six witnesses that on the I'D of Sep
TENDER, 1873, one day before he became
entitled to the property under the tax
deed, Hills COW had entered the shanty
and eaten all the hay that Hill left
there, thus depriving Hill of legal domi-
ole, and leaving no one in occu-
pancy of the premises on whom re-
demption notice could be served. By
that act OF Hills cow Jones' title to the
property was established, and Jones OBJ
tanned verdict for an accounting for
the oil, which amounted to nearly $780,
600.
The oil company obtained an order
for q new trial, but Jones was again
successful. and his judgment was affirm
ed by the GenerA Al Term, and a decision
has just been given by the court Of
appeals sustaining all the points in the
case in favor of Jones.