The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1889-11-02

The Borough ot Iehehton engaged th,
attention OF the Carbon county courti
nearly the whole of last week snl der
assisted by Crazy and Loose, represented
the Borough aud Freyman aud Heydi
represented Long. Long brought suii
against the Borough for the taking, as be
alleged, of strip of ground 40 by $50 feet
Of his ground in tie opening ofOker street,
and claimed $500 damages The Bor.
ough claimed That Okei street was one oi
the original streets as laid out in the old
town plot and that they did not take any
of Mr.. Longs land. The history OF the
case, as presented by the Borough, showed
that the land now occupied b. tie Borough
and adjoining the Borough on the north as
far as Amos Reigel's barn was formerly a
part of the old Edmonds tract, granted by
war; ant, dated Feb. II, 1906, and that old
Col. Jacob Weiss, who settled at Weiss
port at the close Of the revolutionary war
being warned of the danger from the river
BY the food of l7s6, known as the Tippy' $
food, bought the Edmonds tract, which
was high ground and had bis son Francis
Weiss, a surveyor, lay out into lots, streets
and alleys a complete town, in 1902, which
he called the town of Lehighton. The old
town plot made at that time was produced
la evidence and Oker street was marked on
the same as the last street running east
and west on the north side Of the old town
plot. The balance of the Edmonds tract
on the north Of the town was sold to Lyons
and others and the 3S acres lying on the
north west of the town was sold to Ru-
dolphus Kent Longs land being part
of the old Kent tract. At Reigels stood
an old white oak tree which all the old
deeds and surveys had marked as a corner.
The root of the old oak was found and
careful survey Of the o d Kent tract by a
competent engineer showed thai the line
of the Kent tract, on the north of the
Borough, would come six feet north of the
present line of Oker street, and that on
Bank street MIR. Long had six feet more
ground than he was entitled to without the
street, and that on Lehigh street he and
about IA feet more ground. A survey OF
the Kent land on the west of the Borough
from Mahoning street north showed that
Oker street would come to the north of the
present line Of Oker street and that all
owning land north of the old town plot
had more ground than the old deeds called
for after Oker street was opened.
Long claimed that the stone and pine
stump on Bank street was the northeast
corner of the old town plot, but John
Sheckler swore that he put the stone corner
in near the pine stump some forty years
ago, when the pine stump was tree about
six inches IN diameter, and that it was put
in to make division line between him
and Robert Bartholomew when they eact
bought lot Of Jacob Sheckler his father,
and that the stone or stump never was
corner nor eyer marked any line between
the town and other lands The Borough
also showed that old Jacob Weiss haC
been liberal when he laid the town out in
to lots and that he gave extra ground t.
all the lots in the town to the north an(
south of the square, and thas fact accounted
for the surplus ground in measuring from
the square to Oker street, as well as from
the square south to Iron street. The Bor
ough also showed that Coal street haG
been just where 1t now is as long as tn,
between Coal aud Oker street there wert
just 600 feet, the amount called for in to-
old town plot, and therefore Oker stree
had been located on the ground dedicate,
revolutionary hero il 1892,
About fifty witnesses were heard in th
case and score of old parchment deed
from 1776 down were given as evidence
The attorneys consumed whole day il
arguing the case and on Saturday mornin
the jury brought in verdict in favor Q
Borough.
The case was a Yery important one fror
the fact that if Oker street had been show
to have been 40 feet further south then a
the property holders on Pine, NorthamI
ton and Lehigh streets, rorth of Oke
street, would have had tide to the wron
ground and many would have had thei
houses on their neighbours lot.
The Oker street question has given OF
Borough Fathers considerable trouble fC
; a number of years, but the able manner i
which the case was presented in court wi
undoubtedly settle all disputes for the Il
, ture.