, 1899-05-05
THE APRIL COURTS.
Continued from first page.


Thursday noon. William Lake, sur
yeyor, Ezra b. Lake and Nicholas Cor
son were the witnesses relied upon TO
make the plaintiffs case, in connection
with a long list of deeds which were
put in evidence, showing that the part
of Peck's Beach on which the disputed
land land water) is situated was orig
snally surveyed to one Richard Somers,
IN the last century; that in 1872 the
t%surveyu was divided between the heirs
and widow of Richard l.. Somers; that
the Ocean City Association had ac-
auired title (by purchase) to all the in
terests. The contention being that lot
No. $40 did not lat the time the state
sold Shriver the riparian right include
the ripa, hence had no right to the
states title. The defense offered in
evidence deeds from Association to
H. b. Howell, dated Oct. 20, '84; How
ell to Shriver, July 81, '95, and Feb "A,
1877, 1.-THE last being to correct error in
first decd and riparian grant from state
August 81, 1897. Shriver testified that
at the time he bought the lot it was
washed by an ordinary high tide;
bought the lot because it was on the
ocean front; disputed about the price of
same because it was $50 wet;;o tides
had gradually receded. On cross ex-
animation Shriver admitted that in the
latter part of 1897 the tide stopped at a
point 10 feet from easterly line of lot
No. $40. VIM. f. Shriver, son of de-
PENDANT, testified that when his father
bought the lot 30 feet of it was covered
by ordinary high tide. Other witnesses
for the defense were Samuel Carhart,
Joseph Barnett, Harry Barnett, Benz.
Barnett, Jacob Steelman, Henry Ger
ZACH who said that sin 1895 Shriyer
wanted me to advance him some money
on the lot in question:" and hat he
replied, mo, sir; / don't want any
thing to do with water lots''); Beverly
r. Smith, Chenie Borie, Samuel Il
Sampson, George Breckley, Elmer En-
glish. John n. Johnson, Jacob Stille,
VIM. Bridgewater, Carroll Doughty,
Isaac B. Smith, Absalom E. Cox, @. z,
Moore and Mrs. Marion Wilcox, all OF
whom confirmed, to a greater or less
degree, the contention of the defense as
to facts.
In rebuttal, the plaintiff recalled
| VIM. Lake, who said that the riparian
grant from the state covered land 100
feet distant from lot $40 as it was when
sold to Shriver; that he had never seen
an ordinary high tide reach the West
line of Ocean avenue least line of lot
S49) at that point. Richard Sites,
Enoch B. Campbell, Philip Hand, Elva
FSharp, Sylvester Sawyer, f. +. Can
field, VIM. Gibbs, Maris Moore, Abel
D. Scull, Harry Torbert, VIM: Jester,
Elwood Lake, Harvey Lake, Harry II.
| Lake, DR.. Gilbert H.. Palen, Hunter
Thomas, J. Il. Adams and Joseph Gift
ford, all of whom testified to a long
stretch of dry sand lin 1897 between
lot $40 and ordinary high water mark.
John N. Johnson was recalled in sur
rebuttal, and %impeached the testimony
of one of plaintiffs witnesses. Judge
Pancoast opened, Mr.. Beldon replied
and Judge Pancoast closed. Justice
Ludlow's charge was clear, logical and
fiat footed in favor Of the defendant,
and left nothing for the jury to decide
| except as to whether the lot in question
had been washed by the ordiGS
| uateu\nA.the ime the Guit~