Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1896-01-16
LEGAL NE WS.
BALANCE oE surRKxE CouRr CAsEs.

BALANCE oE SUPREME COURT CASES.
Kelly VS. Marshall ct al, reversed.
johnson Ts Price etsl, equity, rev er ed.
Kauss Cor Swsgger) VS. Rohner, admin
| istrstor of Jro. Kauss, reversed.
| Frazier VS. Butler borough, affirmed.
Enterprise Oil d Gas Cos VS. National
| Transit, reversed.
\ Steiner vs. Marks ct al, reversed.
| The statement Of the case of Blakely VS.
Marshall, appealed from the Common
| Please of Butler Co., and published in the
Butler papers of last week, was copied
from Pittsburg paTer aad was incorrect.
| The facts, as stated by an attorney here
are as follows:
Andrew Blakely, father of the plaintiff,
made deed to the plaintiff and his wife
Tor life in 1890. with remainder to their
children Il 1894 lease was made By
Isaac Blakely and wife, as life tenants
and as trustees for the remaindermen,
which lease was approved by the Court of
Butler Co.. the trustees being directed to
give bond in $780,, which they did, and
upon oil being discoYered on the premises
an additional bond Of SIC, 600 was required,
which Mr.. Blakely refused to give, claim
ing the oil in their own right as lie ten
ants.
The Cour. appointed Thomas NJ. Mars
hall, trustee, he receive the royalties, re-
served in the lease, sell the same invest
the proceeds in real estate securities, pay
| interest to life tenants, and at their death
the principal to the rem aindermen: and it
was from this order that Blaaelev appeal
ed.
The case was argued at Philadelphia
last week, by W. Il. Sponsler of Pittsburg
for Blakely and J. D. Marshall of Batter
for the trustee.
The Kauss case, we are informed, was
reversed because the Swagger girl was
allowed to testify in her own behalf, other
than denial, Mr.. Kauss being dead. In
this case the attorney for the estate assigned
about thirty errors in Judge Greer's charge
to the jury, to the Supreme Court.
In the case Of the Butler " ater Co VS.
Russell ct al the decree Of the Court here |
was reversed and the record returne for |
further proceedings.
Justice Williams wrote she opinion OF
the Supreme Churt, and after stating the |
case, and referring to the SandersOn de- |
cision and the facts yet needed in the case |
be says: When the case has thus Eeen |
fully heard on its facts, the question We |
have suggested can be considered and il |
will be practicable TO say whether a great |
city stands on no higher ground when the |
health and comfort Of many Thousands of |
its citizens are al stake than Sanders0n |
when his private water works and fish |
POND were rendered useless by mine water |
Whether in other words the Common
wealth in the exercise Of its police power |
may not limit and restrict the individual |
in the exercise Of admitted rights. when |
the welfare of the public requires ii; or \
whether ii is indeed true that the owner
ship OF few acres Of land, or leasehold |
interest therein gives to the holder an tn
qualified right to destroy the water supply |
Of city in the effort to develop some sub
tsirsnean value in his land.
NOTES.
At the session of Court Monday morn
ing, the appointment of Elmer e. Bell as
County Detective, made by District Atty
Christley was confirmed but the salary
was not fixed, e. II. Lsderer was appoint
ed guardian of the Arabian boy who has
lately been living with VIM. Myers of
Muddycreek twp; John Henninger was
sworn in ss an attorney of the Butler Bar,
Henry Marburger's petition for divorce
from his wife Anna was presented, also
petition to change the voting place of
Muddvcreek twp. from Pisor's to Henry
Hays;
Some evidence in the Jno Byerly will
case, and Johnston VS. Johnston oil lease
case was heard; The motion to quash
and set aside all proceedings in the Win
field twp. road case was referred to Judge
Barker; Jos Criswell was appointed guard
ian of Agnes Wise, and w, ID. Brandon of
Rosa Brown; JAS r. Jackson was appoint
ed constable of Fairview vice Jno Wagner
decd; citation was awarded on the peti-
tion OF Catharine Bach, admx Of Jno
Bach; the exceptions to the final account
of Daniel Feidler guardian of August
Sshli were dismissed anc report confirmed.
Tuesday afternoon, Col. Thompson and
s. T. Bowser argued for suspension Of
sentence in the case Of the Commonwealth
vs. DIR. Johnston, and the case was held
over till next afternoon, when the case
was continued till March IA
James B. Johnston was appointed con-
stable of Fairview twp; and David Barto
of Evans City; the polling place of Muddy
creek twp was changed to Henry Hays;
J. J. Maxwell was appointed constable OF
Fairview boro.
The charter OF the Portersville creamery
association was filed.
Alex Mitchell was appointed Auditor in
Crow case.
James Galbreath, Harvey II Boyd and
j. W. Brown were appointed viewers in
the opening Of East Pearl St.
The will of Mrs. Eliza J. Grossman, late
Of Butler was probated, no letters; also
will of Daniel Beighley late of Prospect,
no letters.
Letters Of administration were granted |
TO j. A. Douthett on estate OF Levi Park |
of Adams twp; also to Sarah j. Cranmer
ON estate of Israel Cranmer of Centre twp;
also to Henry M. Wise on estate of jacob
II. Wise of Jackson twp.
Constable Brown took trip to Oil City, /
this week, and secured his man, and
brought him back, but the man married
the girl and that ended the case.
PROPERTY TRANSFERS
Bridget Skeer to Jno L Young GA acres
in Oakland Tor $500.
Amanda Gray, by atty, TO b b Sybert
lot in Millerstown for 500
Martin Reiber TO Theo yogoley lot in
Butler for $500.
Armela Kern ct al TO HIlliard 40 acres
in Washington for $50.
ALI Grossman TO f Il Grossman 3. acres
in Cherry for $500.
Fred Klingler to IL NJ Spence lot in But
Ter for 81, $50.
John G Kline to G G Bohn 90 acres in
Clinton for 81, 800
Bell 0'Neil to + Nigel lot in Butler
for 5000.
Addison Brown TO Annie ] Elliott 25
acres in Centre for 81 900.