New-York tribune., 1901-12-30
ROWAN ELM TREE WON CASE
THE SURVEYOR OF ONE HUNDRED
YEARS AGO CALLED 1T AN OAK, BUT
HIS MARKINGS WERE FOUND
WHEN IT WAS CUT DOWN.

Rochester n Y Dec IS (speciaD.-The recent
sale Of the old Manitou Beach property the
shore of Lake Ontario. sixteen miles from this
city, has called to mind again one of the most re-
markable lawsuits over title to real estate ever
tried in this State. Musty records of ancient
yeys were pulled from cobwebby shelves, and the
shifting of sandbars complicated the clear course
CT proof but the most interesting and. il after
ward turned out the most important, piece Of testi
mony was furnished by the heart of an immenorial
elm which stood with It's hoary roots deeply en-
bedded in the sand and loam of the shore line This
old proved TO be the centre of the legal battle
and won the in the end for the plaintiffs.
The surveyors records called It oak. but by a
process of elimination which would have done
credit TO Sherlock Holmes the attorneys for the
plaintiff successful in metamorphosing the
oak into the elm. The case was finally taken TO
the Court OF Appeals, which sustained the decisions
of the lower courts. The successful plaintiffs built
a hotel the disputed territory and named 1T
Elmheart. in honor OF the tree which gave them
the victory.
Manitou Beach is point which juts into the
lake, commanding picturesque view Of Inc long
wooded shore line from Braddock's Light to Nine
Mile Point. A large summer hotel and hundreds of
cottages have sprung up the point and an cleo
trio road, which runs along the lake shore for
eight miles inlets and almost within reach
Of the blue waves makes the spot ideal for sum-
outings Just this side of Manitou Beach is the
Elrnheart property. 1t is owned by Frederick w.
Skinner and his brothers The land borders on
Braddock's Bay, a deep inlet from the lake
abounding in fish and surrounded by venerable
trees and still more aged stumps. The waters of
the lake beat about the narrow sandy inlet, and
build little bars. whose position is the same
two days in succession Ten years ago Frederick
Odenbach, of this city, began the erection of a
hotel this site Ejectment proceedings were i'm
mediately begun by Mr.. Skinner. and the case
was referred 10 Judge James c. Smith.
The whole action hinged the accuracy of sur
veys made nearly hundred years ago by a civil
engineer named Shepard who had charge of laying
out what was then known the twenty two
thousand tract into lots of hundred acres
each His records were carefully studied, and every
foot of the disputed property gone over time and
time again by expert surveyors, 1t was found that
many objects mentioned in the cid records had
been obliterated by the achments Of the lake
At last the lines were narrowed down to point
which was found TO be the pivot which the case
should swing. In his records Surveyor Shepard had
written the following paragraph:
large black oak tree. two feet in diameter.
mark on shore OF Lake Ontario
Here the surveyors were brought up SHARPLY They
could discover traces OF any oak At last after
repeated measurements they discover that a GER
tain intersection of the lines occurred near a big
tree which stood bleakly the edge of the inlet
close to the lake. But the tree was an elm The
attorneys resolved to make a bold stroke After
close reckoning the surveyors sawed through the
elms trunk at points indicated. and to their Joy
and amazement found the remains of the old
blaze made by the surveyor one hundred years
before: Nearly that number of rings were counted
over the marks. The section of the tree was taken
before the referee and submitted evidence A
bitter contest followed but the referee decided that
the surveyors mathematics better than his
forestry and held the evidence good IN this the
upper courts sustained him. until last the Court
or Appeals decided the action for all in favor
of the plaintiffs
Inc man who has purchased the Manitou Beach
property next door was the defendant in the suit
Some say that he has not forgotten his defeat
Inc proprietors OF the Elmheart Inn have had the
section Of the old tree mounted and he who doubts
me story may have the privilege of seeing il above
the fireplace in the sitting room.