The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-04


main court room, yesterday afternoon.
1t is the ejectmcnt suit of the Della
ware, Lackawanna and Western Rail-
road company against Bryan Bigln.
The property in dispute is a six and
onc-half acre tract of coal land in
Dickson City borough valued at $780,
OOo Each claims it by squatter SOW
ereignty, but each, Also backs his
claim by other titles
Biglin, who lives on the property,
says he has had undisputed adverse,
open and notorious possession for over
thirty years, and besides, holds title
from his predecessor in occupancy, who
also, it is alleged, acquired squatter
rights. He further shows in support
of his claim that he married his prede-
cessor's widow.
The company admits that Biglin has
been on the land for possibly thirty
years and that others before him also
occupied it without molestation, but it
is asserted they were there as tenants
of the company or it's predecessors. In
1867 and 1868 Randolph Crippen rented
the property from the Lackawanna
company it is proposed to show, and
Biglin paid rent to him as a sub-ten-
in the thirty year period, in which,
Biglin AYERS, he was acquiring title by
adverse possession rented the Land
from the company and sub-let it 10
Biglin.
THE PAPER TITLE.
All of the afternoon was taken up by
eX-Judge Jessup, attorney for the COM
pany, in presenting evidence of the
company's paper title. Warrants, sur
veys and patents, some of them a
century and quarter old, were pre-
sented to establish the claim of title.
The plot now in DISPUTE lies partly
in two different tracts. Most of it is
in the George Graham tract, for which
the warrant was issued from the land
office before the Revolutionary war, or,
to be definite, December 2S, IVA. 1t is
described as being fifteen miles from
the mouth of the Lackawanna creek in
northumberland county. The bound
airy description begins "at the head of
large island"
There is no island, large or small, in
the river at that point, now, and the
river itself doesn't look as if it ever
had been big enough to accommodate
an island that would get place on a
map to say nothing of a large island"
In the early part of this century,
Moses Vaughn, progenitor of the
Vaughn family, prominently known in
this region, secured a patent for land
adjacent to Grahams, and finding no
one making use of the Graham tract,
made use of strip of it, lying be-
tween his own land and the river bank.
For forty years he continued in its use
and under the law became it's owner
by possession. Through him the COM
pany also claims paper title and pro-
poses to show that the land Biglin
holds was on this tract.
SURVEYOR ON STAND.
w. II. Sturdevant, surveyor, was on
the stand at adjourning time, giving
testimony tending to locate the Biglin
plot within the boundaries of the
tracts for which the company claims
to hold title.
Jessup d Jessup represent the COM
pany, and Vosburg e. Dawson the de-
fendant
The defendants counsel challenged
two Jurors for cause, on account Of
their being employed by the plaintiff
company, and Judge Edwards sus-
tanned the challenge There were no
Pennsylvania decisions on the ques-
tion, The judge based his ruling on
the common law governing jury draw
ing, which, among other things, pro-
vides that juror can be set aside for
cause if he stands in the relation Of
master or servant to one of the parties.
The Guernsey case was on all of yes
terday before Judge Savidge, in No. 2,
and is likely to continue several days
longer. At adjourning time NJ W.
Guernsey, the plaintiff, who has been
on the stand since Monday afternoon.
was being cross-eXamined by Major
| Warren, with view of elciting proof
that, as the defense contends, he con-
tinued to do business on his own ac-
count, after contracting to give it up
and devote his whole time to the de-
PENDANTS business.
\ verdict of Sl3.74, in favor OF the
plaintiff, was returned in the case of
Michael Mendlovltch against the Scran-
ton Dairy company. 1t was a dispute
over wages.
HE WAS A DRIVER.
The plaintiff worked as a driver for
the dairy company from April to De-
| NNAAip'l 1 VI llol Stetls Ilt tldllIltu ne
was promised $40 for the first month
and $4j for each succeeding month. He
never received more than $40 a month.
The company's side of the story was
that he was promised this raise on con-
dition that he should retain his GUS
| toners, but as he lost a large number
Of them, he did not become entitled to
the raise. The company also put in a
counter claim Of $76,29 for milk, butter
and eggs which were sold to Mendlo-
| witch and for milk tickets which, it is
alleged, he failed to account for. Mend
| lovitch admitted owing the company
! $26,26 for merchandise, but denied that
! he was short i'm his ticket account.
| CaWley & Shean represented the
| plaintiff, and John f. Scragg the de-
| fendant.
| In the case of Morgan Sweeney
| against Patrick Gibbons. the jury al
! lowed $9192 of the plaintiffs claim of
$l07 for building a cellar wall.