The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-02-18
TO SUE FOR EJECTMENT.
THE EQUITY SIDE OF THE COURT
WILL NOT SETTLE 4 DIS
PUTED TITLE.

Operations on the Land I'm Dispute
InuI Jury settles the Matter.
Mr.. Rauer's Fight Against the Pro-
posed Condemnation of His Land
for Light House PurpOses-SOme
Interesting Criminal Cases 20 60
on Trial in fhe United states Court
This Week.
In the United states court to-day a very
interesting suit will probably be deter
mined, temporarily at least as Judge
Speer has practically indicated already
what his decision in the matter will be.
There are about 5000 acres Of land in
Mcintosh county TO which two parties
are claiming title, which have been until
the temporary restraining order Of the
court was issued, in the hands of u. s.
Sinclair and others. Mr.. ClaudiuH b.
Pease Of Somers. Conn, bought, il seems.
what De thought were good titles 10 the
land and nc brought suit to dispossess
those who were occupying it. and draw
ing naval stores supplies from the timber
upon it,
The suit brought by Mr.. Pease was on
the equity side of the court, and "a tenn
porary restraining order stopping the de-
PENDANTS from further operation on the
land, was granted until hearing could
be had. Mr.. T. c. duBignon for the Sin
clairs filed a demurrer to the bill holding
that it should be brought on the law side
Of the court, as the law afforded adequate
remedy in case OF disputed titles, and
the proper course was suit for ejectment.
Judge Speer it seems is inclined to sus-
tain the demurrer in part at least. though
not altogether willing that the defendants
should continue operations on the land
pending the determination of the plaintiffs
claims.
u is likely therefore that the Injunction
Will be continued, and the plaintiff re-
CURED to give bond in sufficient amount to
satisfy any damages that Sinclair may
sustain by q cessation of his naval stores
business on the lands, in case his title
10 the property is the one es-
tablished as valid. The demurrer being
sustained I'm other respects. Mr.. Pease will
have to go to the law side of the court
and file a suit for ejectment against those
who have been occupying the lands This
would of course be tried by Jury. The
plaintiff is represented by Messrs. Garrard
Meldrim d Newman, J. G. and d. H.
Clark and W. W. Fraser.
The land titles In some of the South
Georgia counties are very much involved
and there are many cases where there IS
an imperfect chain of title. Then, too
wild cat titles are often sold to unsuspect-
ing parties, and the result is frequent dis
putes over the ownership OF such property
The case of the United States against
Jacob Rauers is another that will come
up to-day and one, the determination of
which VIII be OF general interest. A re-
cent act of congress- FroVfHa1 fp1 bn
Establishment of q lighthouse at the en-
trance TO st. GATHERINGS sound but did not
specify where il was to be placed. Steps
We're taken, through the district attorney
to condemn certain land belonging to Mr.
Rduers on ST. GATHERINGS island. Mir.
Rauers opposed such steps vigorously.
and the matter was then put in the shape
of proceeding against him in the United
States court here Mr.. Rauers is repre-
scented by Mr.. S. b. Adams and MIR. w. w
Gordon, Jr., who hold that any other land
at the entrance to the sound could as well
be chosen as that belonging to Mr. Rauers,
and as Mr. Rauers' land has not been
specified as the place for the lighthouse
by act of congress, there is no authority
by which they can go ahead and arbitra-
rily condemn his land for the purpose.
The suit of Charlton TT. Way, trustee,
against the Royal Insurance Company is
also assigned for a hearing to-day. but
there are several matters involved in the
proceeding in the way of procuring evil
dence, which may delay it for a day or
two.
The suit Of the Germania Bank trustee
of the sinking fund of the Montgomery
and Eufaula railroad, against the Wad-
ley and Mt. Vernon railroad to show
I cause why it should not pay the trustee
rental for railroad iron frogs, switches.
etc, which are part of the assets of
the fund, and why the property should not
l.asr aVaen
will come up for a hearing Wednesday.
! This matter, too. is interesting. 1t may
mean that the Wadley and Mt. Vernon
railroad will have to pull up part of its
rails and look to some other source to
supply the want, if the trustee of the
sinking fund has a strong and valid claim
and insists on its enforcement.
The suit Of the Propeller Towboat Com
pany against the British steamship Dale
| garth will be one of the most interesting
libel and admiralty suits that has been
heard here in some time. 1t will come be-
fore the court on Thursday. This case
grew out of the ship fires, in which one
of the tugs extended aid to the Dalegarth
The criminal court, too, will furnish
| some interesting, not to say sensational
| trials this week, the principal of these be-
/ ing those against whom charges of send
/ ing obscene mail mater and counterfeit
I ing have been preferred. The case against
| with sending obscene mail matter, will be
| watched with an added interest on ac.
count of its local end. This case comes
! before the court for a hearing on Wednes.
! day. The charge against Miss Mamie
/ OIveira of this city is similar one and
the case in which it is alleged she was
/ concerned is one of a strange and peculiar
nature. She always protested her limo
/ cence of the charges, though the inspec
| tors believe they traced them to her, anC
the letters continued to be received
| through the mails even after she was
| turned over to the court for trial
| The most interestin counterfeiting
| case will be that against Hugh X. Salter
which has been pending now for two
/ terms. The charges against Salter and his
associates contain ii green goods feature
| the operations in which were, at one time
| extensive in the southern part of tn,
state. Salter's case will probably be called
up within the next few days.
AT REST IN LAUREL GROVE.