The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-07-15
YOST HEIRS
DEFEATED !
Verdict Rendered Against Them al
POttSville This Morning.
ACTION OF EJECTMENL SUSTAINED
The Jury Decides That the Warrant Under
Which the Heirs Claim Title Did Not
Cover the Land in Dispute
For Many Years.

One Of the most important land suits tried
i'm this county for some time, and which has
aroused general interest among the people of
this valley, was disposed of at the Pottsville
court this morning by sealed verdict from
the jury. The case is the ejectment suit of
the City Of Philadelphia trustee for the
Giard Estate, against John Brosius The
real defendants in the suit were the Yost
heirs in town, Brosius being simply posses
sion holder for them and, through their per
mission, was allowed to make a clearing and
erect house on the tract of land in dispute
The land is located on the top of Locust Noun
tain, beyond the cemeteries aud near the
forks Of the roads that branch OF TO Brandon
vile and Ringtown. The amount of land in
dispute was about 81 acres but the actual
amount Of land affected by the suit is about
275 acres, affecting three tracts held by the
Girard Estate There were several other
possession holders ON the mountain top.
repres eutng various claimants, but with
them the Girard Estate dellt summarily dur
ing the past few years, the employees Of the
Estate tearing aud burning down the posses
sion houses In the Brosious case, however.
the officials decided TO make q stand for a
test of title in court, so no summary action
was taken. The suit for eiectment which
has just been decided was instituted instead
To give all the facts bearing on the case
would require columns as they cover a series
Of land transactions extending as far back
as 1893. The real cause of contention ap-
pears to lie in an incorrect, or indefinite
original survey upon which the land warrant
under which the YOst heirs claim title was
based. The heirs claimed that their land
was on top Of the mountain. The Girard
Estate claim that il the heirs had any title
to land the location was at the foot Of the
mountain on the Catawissa Valley side. In
other words the Giard Estate claimed that
the original warrant under which the Yost
heirs claim title laid the land ut the foot of
the mountaini that the holder of that war
rant found that the land so granted by the
Commonwealth was covered by previous
warrant. He went before the State Board of
Properties in 1904 and they decided against
him, Since then, the Girard Estate officials
claim repeated attempts have been made to
draw the southern boundary line Of the
land thus conveyed by such original warrant
south to embrace the land covered by the in
jectment suit.
1T would seem, said a gentleman con-
nected with the suit to-day, that the Yost
heirs really have no land under the warrants
upon which they lay claim. The verdict
rendered this morning shoves their bound
dairy line north to the foot Of the mountain,
and when the heirs get there they find title
in other parties under previous warrant"
The trial just concluded was lengthy and
expensive one. 1t consumed thirty-two days
and over twenty surveyors were among the
witnesses. The costs amount to at least 81, 900.
The case was tried before Judge Albright and
a. A . T.uE . l.
the court concluded its charge to the jury
At $50 last evening sealed verdict was re-
turned. 1t was opened in court this morning
and found to be in favor Of the Girard
Estate. S. II. Kaercher, Esq, represented
the Estate, and ex-Judge Ryon appeared for
the defendant. motion will be made for
a new trial and should it be denied an appeal
will be taken.
In conversation with a reporter this morn
ing Mr.. Kaercher said, ''The result Of this
suit sets at rest all disputed titles to lands on
Locust Mountain, including the Dresher,
Yost, Wagner, Broscious and other lands. Al
though this suit did not involve these lands,
it establishes title that will make other law
suits waste of time and money, provided
of course that the verdict is established on
appeal and l have not the slightest doubt of
that. The importance of the case just
tried, concluded Mr.. Kaercher, "may be
better understood when it is considered that
the land involved in it also embraced the
head waters Of the streams that feed the
large reservoirs above Lost Greek. There is
a little pocket Of coal on the mountain and
had the oomplainants sustained the titles that
they set up they would unquestion-
ably have undertaken to develop the
coal, and this would never be allowed, as it
would destroy the whole water shed and not
only deprive all the Packer collieries of
water, but also take away the supply from
the Borough Of Girardville. It was to pre-
vent this that the ejectment steps We're
taken, They were not based upon the in
trnsio value Of the land"