The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1892-05-13
IMPORTANT LAND SUITS.


the case of the city of Philadelphia,
Trustee under the will Of Stephen
Girard, against Benjamin Goodman,
was called in court before Judge J. J.
Metzger, of Lycoming county, speci-
ally presiding for Judge Ikeler. There
appeared for the plaintiff, Hon. F.
Carroll Brewster, of Philadelphia, ex
Attorney General of Pennsylvania,
Judge James Ryon and Samuel H.
Kaercher, Esq, of Pottsville and Col.
J. G.. Freeze. Judge Elwell was also
concerned for the plaintiff as advisory
counsel, but was unable to appear in
court. For the defendants appeared
Hon. Geo. F. Baer, of Reading, Con
gresham S. p. Wolverton, of Sun.
bury, l.. +. Waller and Geo. +. Elwell,
Esqs. Hon. c. r. Buckalew was also
concerned for defendant, but was abb
sent from town. Heber S. Thompson,
of Pottsville, agent of the Girard es-
tate in Schuylkill and Columbia
counties, was present in behalf of
plaintiff, and r. M. Gummere, of
Bethlehem, represented f. p. Wilbur,
trustee, and others, the actual defend
ants, Ben njamin Goodman being merely
the tenant In possession, residing en-
the lands. Most of the evidence was
documentary and all of Tuesday was
occupied in presenting it. The land
in controversy is located in Conyng-
ham township, contains 400 acres,
and has coal on it The title to the
land was taken out of the common
wealth in 1884 by a survey to Thomas
Hiltzheimer, and a patent was issued
to Robert Morris, who with his wife
conveyed the same to John Nicholson.
The plaintiff claimed title under a
mortgage given by Nicholson to the
officers of the Bank of the United
States to secure his debts On this
mortgage the property of Nicholson
was sold and bought in by the Bank,
among others, the Hiltzheimer tract,
known as Blamont. The Bank sold
to Stephen Girard, and he by his will
gave it to the city Of Philadelphia for
Girard college.
The defendants also claimed under
John Nicholson. He was Comptroller
General OF the state, and on the set
tlement of his accounts in 1886 it ap-
peared that he was largely indebted to
the state, and an act of assembly was
passed to secure the state, and pro-
viding for the appointment of COM
missloners to sell the property of John
Nicholson. Under this law the land
was sold and among other tracts Bla-
mont was sold to Philip Meyer, and
the defendants show title by long
chain Of deeds from him. The main
question in the case was whether the
sale on the Bank mortgage, or the
sale by the commissioners, made the
better title. The evidence closed on
Wednesday morning. and the opening
argument for the plaintiff was made
by Judge Ryon who is considered one
Of the best land lawyers in the state
He was followed by Mr.. Baer in a
very able and eloquent argument for
the defense, and Judge Brewster closed
the case for the plaintiff in one Of
those very forcible and entertaining
speeches for which he is so celebrated.
Judge Metzger charged the jury,
and after going over all the points in
the case, directed a verdict for the de-
PENDANTS.
In the case of City of Phila. trustee,
against James Boucher. a verdict was
taken by the same jury for the defend
ants, it having been previously agreed
that the finding in the one case should
rule both. A jury was called in the
case Of City of Philadelphia VS.. George
Roup, on Wednesday afternoon. This
Involves title to the Besely tract in
Conyngham township. The same
counsel were concerned as in the other
cases, except that Mr.. Waller was for
the plaintiff and Col. Freeze for the
defendants. The case is on trial as
we 20 to press