The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-05-22
EQUITY COURT ARGUMENTS
Cases That Came Up for Considcra-
tiOn in That Branch Of Courts.
MASTERS ASKS FOR THE LAND
Thinks That lie Is Eutitlcd to N-Pro.
cecdings Of Electric Land Improve
ncut Company Against tho West
Ridge Coal Company.

Pleadings irs the first case OF the term
or equity court In this county were
heard yesterday morning in the main
court room before Judge Edwards 1t
was the action brought by James Mas
ters, of Dunmore, petitioning court to
compel Mrs. Julia La France, mother
OF his first wife, to sign and deliver
deed which she promised him she
would do but now refuses.
Masters and his first wife lived with
her mother, Mrs. La France, in 1885.
The latter agreed to give him part of
the lot II he would erect house on it,
She would not convey a. fee simple right
to him Of the land until he built house
for fear he might sell it. He built a
house and 1t was finished in July, 1886.
When he moved in he asked his mother
in-law for the deed, and she put him off
with promise.
On Dec. IA, 1888, Mrs. Masters died,
and few days before that her mother
agreed to then execute the deed. Mas
ters lived In the house until March, 1892,
when 1t was destroyed by fire. He al
leges to have expended $1,400 on the
building and grading the lot and con-
structing retaining wall. out Of the
sum derived from insurance Masters
got only $40O; the remaining $500 is in
possession of NJ. Il. Mcdonald, attorney
for Mrs. La France. She secured this
amount on the strength of claim
against Masters of 5000 for which she
became security.
lie Took u Second wife.
Masters remarked and the relations
between himself and Mrs. La France
became more strained than ever. She
built another house on the site where
his was burned down and she now rents
1t. The testimony of several witnesses
was read and the defendant made a
general denial of all the statements
made by the plaintiff. Attorneys S. B.
Price and II. c. Reynolds appeared for
Masters, and Attorney NJ. T.. Mcdonald
for Mrs. La France. Court took all the
papers and decision was reserved.
The other case heard was the Electric
City Land improvement company
against the West Ridge Coal company.
Attorneys S. B. Price and George w.
Beale appeared for the plaintiff, and
Attorneys J. Alton Davis and Thomas
+. Wells FOR the defendant. The land
company bought a number of acres of
real estate In the North End for the
purpose of dividing 1t up into town lots.
The coal company owns land adjoining
the tract and opened mineways. The
plaintiffs claims that the eXhalations
from these openings are noXious and
prevent the sale of the lots, because no
person wants to build q residence near
where he will get the full benefit of
large volumes of subterranean vapors.
Heaps of documentary evidence were
placed before the court yesterday. In
this case also decision has been re-
served.
Moosic Crossing Trouble.
\ case that will come up either today
or tomorrow is that of the Scranton
and Pittston Traction company against
the president, managers and company
of the Delaware and Hudson Canal
Railroad company.
This is to be the final adjudication Of
the trouble between the trolley and
steam railways in reference to the
crossings at Moosic.