The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-01-26
AGAINST RUssELL's CLAIM.
Council Refuses TO Pay for Land
Granted the City Years Ago.

Council Refuses TO Pay for Land
Granted the City Years Ago.
For several months the finance commit
tee of Council has been endeavoring to
dispose of the petition Of Mr.. Waring Rus
sell, asking the city to pay for lands
granted to the city some years ago Mr.
Russell claims he had deed to the lands
in question, and in 1871 he was docketed
for obstructng that part of Gwinnett
street running through the land he claims
To own. At that time he entered into an
agreement with the city to remove the OBJ
structions, and look for compensation for
| said area from the city only when it shall,
if ever, De determined by competent au.
thority that said area is the property OF
said Russell" It is claimed all the wit
nesses have died, however, and that the
| title to the land cannot be established. The
city claims Mr.. Russell has lost his claim
| by iaches, while he hoidsdo the contrary
The following is the finance committees
report, which was adopted:
THE finance committee, to whom was
referred the petition of Mr.. Warning Rus
sell relative 10 suit for damages now
| pending in the Superior Court of Chat
| ham county, beg leave TO say that we
| eioNS iNNNhNA9 IdQ MI INhSStil DtlOIG us
! and that the salient facts as we gather
them from Mr.. Russell and the fun report
of the city attorney, which accompanies
| this report, are as follows:
Il. Mr. Russell claims that in Septem-
Der, 1859, he bought, for a sum between
$500 and $500, the pr6perty which comprises
the three streets mentioned in his claim.
He cannot produce this deed, or any 9TH
| er written evidence of title, because he
| he Ua nd hnc .,aU
| er been recorded.
| "2. In March, 1871, Mr. Russell was
docketed charged with the obstruction of
| Gwinnett street by fence and an agree
| ment was then entered into between him
self and the then Mayor which was rati-
fled by the Council Of the city of Savan-
nah, to the effect that the fence was to
be removed Immediately, and the city was
| to take charge of the land as a part Of
| Gwinnett street, and that he would look
for compensation for said area from the
| city only when it shall, If ever, be deter
mined by competent authority and against
| said city that said area is the property of
| said Russell il being distinctly understood
that said city is not to be in any way
debarred from treating said area as a part
| of public street, for the use of the in
! habitants of Savannah"
Until March 20, 1895, so far as we can
| discover, Mr.. Russell made no claim of
any kind against the city, or any claim
| 10 Lincoln street or either of the other
two streets, and there has been no at
tempt by him to explain in any way this
delay of twenty-four years.
"3. In April, 1871, an action of ejectment
was brought by the estate of
B. A. White against Mr.. Rus
sell, in Chatham Superior Court for
| the recovery of an area of land which
seems to embrace this land, and ii appears
| by the record that in March, 1875, YER
dict was rendered for The defendant. To
| this action of ejectment Mr.. Russell plead
the general issue and the statute of limi-
| tations, this latter plea being based upon
the contention that the "suit is for the en-
forcement of rights which accrued to the
| plaintiff prior to the first day of January
| 1865, that the suit was not brought until
| after the first day Of January, 1870, and
| that the right OF the said party plaintiff
| and all right of action for It's enforce
| ment IS now, and was at the time Of the
| commencement of said action forever
barred" the reference being TO the limita-
ton act of 1869 Mr. Russell informs US
| that the attorneys for the plaintiff con-
scented to his attorneys taking a verdict in
his favor without any trial, but It appears
that neither the then attorney for the city
| of Savannah, nor any other representative
| of the city had anything TO do with this
case, or with the consent verdict that was
| rendered, aud your committee cannot,
| therefore, find that either as matter of
| law, or as a matter of right, this adjudl-
| cation was determination "by competent
authority and against the city" that the
land, or any part of It, really belonged to
| Mr.. Russell.
"a. The agreement made with Mr.. Rus
sell in 1871 refers only TO Lincoln street.
His suit against the city is not only for a
part of Lincoln, but also for parts OF
Habersham and Abercorn streets.
80. Previous 10 the agreement of March.
1871, with AIR. Russell the estate OF White
had donated Lincoln street to the city OF
| Savannah, and this donation had been ac-
cepted by a resolution Of che City Council.
According to the records this property
belonged to the estate of White, and 81 had
the right to make this donation to the
city. AS Mr.. RusseHs titles are not ia
existence, however, and have never
been recorded, we do not I'M
| dertake to pass upon them.
IS. Mr.. Russell's declaration against the
city states that he Is the owner IN fee
| (meaning that he was in March, 1895, when
his declaration was fled of the land COW
ering the three streets mentioned, but this
must be an error. Mr.. Russell does not
| return for state and county taxation or
municipal taxation any property In White
ward, where this property Is located. and
| has not since 1855. The report of the
city attorney shows that in June. 1874,
Mr.. Russell PURCHASED from the executors
Of y. A. White four lots and from one
Of the heirs three lots In this ward, that IN
| both Of these deeds Lincoln street Is men,
toned as one Of the boundaries, and that
a.. m. III -