Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-05-24
AN INTERESTING CASE
TIE SUIT OF TIE "PEwIKY" R. R. co. v.
MRS. RICHIE,
Now on Trial Before Justice CALDWELL Gen
sral Statement Of the Claims Of Both Parties
as 10 the Realty in Dispute.

The case OF the P, w. e. Ky. Rail-
road Company v. Mrs. Elvira Richie,
ejectment, came up for trial in Justice
Caldwe Court, yesterday, Pesident
w. P, Hubbard and Hon. j. B. Sommer-
Vile appearing for the Railroad COM
pauy, and Col. w. w. Arnett and Capt
B. B. Dovener for the defense. A jury
was selected and sworn, and at two
o'clock the jury went to the location OF
the property, at the foot OF Eleventh
street, and looked over the situation.
Returning to the Office OF the Justice,
the taking of testimony was COM
menced, and was continued until even
ing, when an adjournment was taken
until tomorrow, to accommodate Col.
Arnett, who is compelled to go to Wet
Eel county to-day.
This case is a very important and in
teresting one, and upon 1t hinges the
commencement or ACKNOWLEDGEMENT
OF the "Pewiky" station improvements
this year. These improvements make
the expenditure Of some $50, 900 or S4O,-
900 in building operations, aud this in
terests good many losal workmen In
the bnilding trades.
The suit against Mrs. Richie is to
obtain a piece of ground, occupied oy
rambling and ancient frame house,
situate just north of the present passen-
ger station of the railway company.
The building aud ground in controversy
is partly south OF the north line OF
Eleventh street prolonged, but the
major portion OF the ground is north OF
that street The building has
been there for generation or
more, and Mrs. Richie purchased
it and the squatters right to the
ground in 1869, from man
named Green, paying therefor about
$3.50. She lived there undisputed until
January, 1872, when she was inducsd
by Commissioners acting for the city to
sign lease for five years, at an annual
rental OF IS. No rent was ever paid
under this lease, but the city obtained
8 Judgment. The defense now set up
the claim that the lease and judgment
was only for so much Of the ground as
lies south OF the north line of Eleventh
street prolonged, and does not
In any way affect the land
north OF Eleventh street. 1t is also
claimed by the defense that the city has
not now, and never had, any title to the
property north Of the north line OF
Eleventh street, prolonged, but that the
title to it is vested in Mrs. Richie, by her
purchase of the sQuatter's right from
Green, and by the right OF possession,
not only since 1879, but for the ten
years elapsing since January, 1884,
when the fve-year lease executed by
the city expired.
The Railroad Company claims that
neither Green nor Mrs. Richie has
any title, that the lease from the city,
in 1879, showed on it's face that the
property was vested In the city, and
that Mrs. Ritchie generally and par
ticularly has no claim on the land, aud
ought TO vacate.
When the "Pewiky" ordinance was
passed by Council, last year, the city
gave to the Railroad Company, with
other property, the property now in
controversy, and it is included within
the scheme of mprovement now sought
to be carried out by the Company.
Until the matter is settled this improve
ment cannot 60 or, aud all efforts to
compromise the matter with Mrs
Richie having failed, the suit is
brought 70 determine the matter.
The defense announces that the cause
will be taken to the Supreme Court Of
Appeals, II necessary.