The Newtown bee., 1891-05-22
GREENS FARMS.

To the surprise of many, the disagree ment between John II. Elwood and John J. Alvord, in regard to seat number 64 in the Greens Farms church, has developed into law suit. MT Elwood obtained a writ of injunction, Saturday, from Dep uty Judge Kelsey of Bridgeport and had Sheriff Pike of Southport serve copy upon Mir Alvord, late Saturday night Mir Alvord attended church as usual, Sunday, but did not occupy seat G4, as Judge Kelsey had named $250 as the pen atty of violation of the injunction. The complaint follows:
 That there is in said Westport an ccclesias- tical society known the Greens Farms Congregational society.
 That there Is in said society church cdi flee seated belonging to said society.
 That it has been the custom andhrule of the society to sell the use Of the seats in the church at auction, for the period of one year. Pursuant to said custom, after fair notice,t the society offered it's seats for sale on the 9th day of January, lS9l at auction in the church, for the year following.
 The auctiOnecr sold many seats and offered for sale seat No 64
 Both plaintiff and defendant were present in the church when the sale was going on.
 The plaintiff bid d- dollars for said seat and the defendant made no bid.
 The auctiOnecr knocked down and declared said seat No. Gi sold to the plantitf.
 The plaintiff paid tor said seat required and entered into possession of said seat.
 The defendant knew that 1t was the custom to sell said church seats by auction and had often bid off seats to be sold.
 The defendant has entered into said seat on service days against the wish and often being forbidden by the plaintiff, and takes up said seat, so that the paintiff cannot occupy the same and have the benefit of his said pur. chase.
 The defendant knew that said seat was sold u the plaintiff, but claims to have bought it of the treasurer of said society, after said sale to the plaintiff and threatens to occupy and control it to the exclusion of the paintff, whereby the plaintiff is deprived of his church privileges. The plantif is without ad- equate remedy at law. The plaintiff claims An injunction restraining the defendant from entering into or occupying said seat The plaintitI is of sufficient ability to prosecute without bonds.
 Dated at Norwalk, this 10th day of May, 1891, -[J. Belden Hurlbutt Justice of the Peace.
 This was sworn to before William II. Kelsey, deputy judge of the city court of Brideport, who thereupOn issued the fol- lowing:
 State of Connectcut,county of Fairfield, ss., Bridgeport, May lG, 1891.
 It having been made to appear to me, q judge of the city court of the city Bridge port, that the allegations in the foregoing are true true and that J. Belden Hurlbutt, the attorney for the plaintiff appearing before tI, issue restraining and enjoining the defendant from entering into and occupying said pew No. GA in said Greens Farms Congregational society church, until the term of the court of common pleas next to be holden at Danbury in and tor said Fairfield county on the first Monday in June, 1891, and until said court shall make further order In the premises.
 Therefore by authority of the State of Con necticnt you, the said John J. Alvord, are commanded and enjoined under penalty o $250 that you do henceforth desist from enter ing and occupying said pew until said tern of said court and until said court shall make further order in the premises. William II. Kel sey, Deputy Judge of the city court Of tho city of Bridgeport.
 The cause of this disagreement had it: origin in personal feeeling. There is g rule in the church that no seat shall bt obtained save by bidding at the auction sale, unless the seat-holder makes ar engagement with the secretary of the SO ciety to retain this seat at the price pre- viously paid. There appears to be nc precedent for the course of Mir Alvord il obtaining a seat from the treasurer, Ed ward A. Jennings. The injunction grant ed by Judge Kelsey is temporary and tho question of the ownership of the seat vii be decided at the June term of the cour of common pleas.
 The appraisers on property condemned by the railroad, N. M. Belden, Talmadg, Baker, A. M. Tallmadge, made their re port to the Superior court at Bridgeport last week Thursday. They find thai Austin Jennings is entitled to damages of $6000 and Erwin Jennings of $500 This, it should be understood, is simply for damages caused by taking land for the tracks, the removal of the buildings and damages thereto. There still remain damages for the private right of way owned by Mir Jennings, for taking the green near his house and for raising the grade of the approach to the bridge in front of his property. For these, an ad. ditional sum will be required. The de cision has been accepted by both parties This has been regarded by many as test case, but the railroad has lost, for $350( was offered for these damages and $500( for the whole, after the condemnation proceedings had been brought. It has been stated that the road was willing to pay a much higher price, ,but,at the hear ing, Lawyer Bishop stated, for the road that any sum over $4500 would be con sidered an injustice. Messrs Jennings would have been better pleased with $7500, but do not consider the difference worth an appeal to the Supreme court There. Is but one other case here, that ot William O. Stuart, through whose house the railroads survey runs. MT Stuart, who is proud of his descent from Mary, Queen of Scots, cherishes the old place