Evening journal., 1894-01-20
LAND IN LITIGATION |
Union Park and Union Ball
Grounds in the Superior Court.
IN ATTACHMENT PROCEEDINGS

Hubert Cassidy Wants New Castle Della
ware Davis to Abide by His Promises
aud VIII Try to Enforce His Claims
BY Process of Law-several Rival
Interests Involved.
The land comprising Union Park and
the baseball grounds at FEont and Union
streets is now in litigation In the Superior
Court, the initiatory proceedings having
been begun few days ago by John H.
Rodney, representing Hubert Cassidy.
The circumstances which led to the
action are complicated and curious, and,
as there are several rival interests, the
court proceedings will be Of peculiar in
terest
Colonel Samuel B. Davis died in 1854,
leaving some fifteen or twenty houses in
this city; various lots in Christiana hun.
dred, now in the city the farm Della
more, part of which Ambassador Thomas
+. Bayaad now owns farm adjoining
1t, which runs down to Union street, and
also about fifty six acres of land adjoin.
Jog the New Cathedral Cemetery, west
of Union street. He left the "Delamore"
farm to his son New Castle Delaware
Samuel B. Davis, whose brothers were
named Kent Delaware and Sussex Della
ware Davis.
After the old Colonel Davis's death, the
"Delmore" place was sold by New Cas-
tie Delaware Samuel B Davis, who now
lives in HaymRrket, Va to John p. Nc
Lear g. Son. They put a great many
persons money into it to buy it. The
price paid was about $4,000 This
| transfer was made in 1870 OF 1871.
The purchasers divided it into lots and
tried to sell It, In 1873 the panic came
and caught the McLears. Then Am
bassador Bayard and others bought the
land from them
The rest OF the property, excepting
the fifty six acres adjoining the New
Cathedral Cemetery and a house, No.
S02 King street, was left to Charles H
Stokes and Sussex Delaware Davis, as
trustees, to hold the residusry estate un.
til the youngest child Of Colonel Davis
arrived at the age Of twenty-one years
Then it was to be divided by the trustees
This they did.
The farm next to the cemetery. 81
acres, and the house on King street were
eft to Colonel Davis's widow during hei
lifetime and at her death they were to e
to the children Of Colonel Davis-thre,
sons and two daughters, one Of the sons
Keut, died in 1865
The farm and King street residence re
mained in the widows hands and wer'
considered as part'oilthe residuary estate
This is where the rub comfs in. By
close perusal of Colonel Davis's will
this farm and house are, 1t is said, n,
part of the residuary estate, and it let
in New Castle Delaware Samuel B Davi
to the share of Kent's interest in tn
farm, which is about three-forty
eights, probably worth 81, 600
Mrs Beauford E. Vaughan, "a daughter
who lives on the New Castle road abou
year ago conveyed to Preston Lea wha
she presumed to be and wha
was taken 20 be one-thir'
interest in this fifty six acres, and re
ceived $4,000 for it It now appear
that she had not one-thir'
interest, but ffteen-forty eighths
which is estimated to max
a difference of about $4,000 in favor o
tue interest of New Castle Delaware
Samuel B. Davis, which interest has
, been lying dormant for twenty years.
B Frank Townsend discovered thi
through an attorneys search and sold
| $40 iOOU INTEREST 10 huDeiJ Oassluy' Ne'
, Castle Delaware Samuel B. Davis, who
at the time of the sale I
: Hubert Cassidy, did not place much con
fidence in mis- interest, has discovere
that it is a good thing to cling to anC
Mr.. Cassidy alleges, has jumped hi
agreement with him. Under thes
circumstances he has begun
suit of attachment proceedings sgains
! the Davis interest for damages becaus
= of New Castle Delaware Davis's refusi
to sign deeds.
Davis is represented by Alexander
Cooper and Preston Lea by Willar
Salisbury, Jr.