The Newtown bee., 1901-02-22

THE CASE OF CARR LYON VS.. THE
WORTHWHILE BAPTIST CHURCH.
The court room in Roger Sherman
hall was filled on Monday, when the
injunction case of Carr Lyon VS.. the
Worthwhile Baptist church was up fol
argument. Judge Warner opened for
Mr. Lyon He stated his client came
into possession. of the property in
April, 1884, and just before the
deeds. were drawn he went on to
the property now in dispute with Mr.
Bauman, a former owner, who told
him that his north line was indefinite
but it was somewhere near the button
ball tree which members of the Baptist
society had cut down. He took the
deed and came into possession of the
property on the 21st of April, 1884, and
when he brought suit >On September
80, 1899, he had been in possession
more than Is years, and that fact of
itself gave him title. Mr. Warner
showed that Mr. Bauman occupied the
property in dispute when he was in
possession, which was about four years.
Mr. Warner also said that his side had
proved by witnesses that Mr. Thomp-
kins and Charles Bartram occupied the
property before Bauman. Ex-Sheritf
and Mrs w. Fl. Glover of Newtown
testified that Mrs GlOver's father,
Charles Bartram. set tire on the bank
of the stream. He showed that the
church society claimed possession by
deed from one Merritt Hunt in 1885.
That he had no real title or title by
possession to any land east of the high
way and that if they had any rights
there by possession it must have been
since the said Hunt decided the prop
erty. The full term of that was IA
years, not long enough to gain title by
possession. Mr. Warner further stated
that there was no evidence or claim
that the church society or their grant
ors had ever attempted to GUST the
plaintiffs of their possession of this
disputed tract, although it was appar-
emily covered by their deed.
Attorneys Williams and Nickerson,
who argued the question for the de-
PENDANTS, claimed that Lyons title by
deed was defective because of the I'M
certain boundary mentioned in the
deed which the plaintiffs claimed in
cluded this land in dispute. The de-
scription claimed in the deed being
that the north boundary commenced
in the river and that no one attempted
to establish that boundary as described
in the deed. Attorney Williams
argued the question of fact, showing
from their standpoint that the plain
tiff and his witnesses had been contra
dicted in several of their statements
and therefore were not entitled to be
believed in those statements in which
they were not contradicted.
Attorney Adds closed for the plain
tiff, arguing the several questions of
facts that arose in the case and answer
ing the arguments of Messrs Nickerson
and Williams, as to their claims of
contradictory evidence. He showed
to the court the different ways in
which the plaintiff had occupied the
premises in dispute Iall through his
time of possession. The defendants
introduced a map in the trial which
Attorney Adds showed was defective,
as the party who made the map had
evidently attempted to establish
points which were not in existence,
and that it was not map capable of
being reduced to mathematical GER
tainty. The court room might easily
have been taken for Worthwhile
church gathering, as nearly all the la
dies, and men also, in the little hamlet
were present.
ARRIVALS AT THE NEW ENGLAND
HOUSE.
w. H. Wolcott, E. H. Williams, M.
J. Lee, F. I. Wales, F. J. Staples, E.
S. Willett, George H. Hawley, J. H.
Stagg, Bridgeport.
G. E. Henry, Charles R. Wheeler,
George D. Chaplin, Springfield, Mass.
NJ. Bamberger, G. S. S. Kass, Phila-
delphia, Pa.
Fl. G. Palmer, Danbury.
N. B. Hanlon, Norwalk.
L. P. Bissell, Sutfield.
Charles Lee, J. r. Judd, Kent.
John @. Thayer, Meriden.
G.. w. Miner, C. Wrissman, M. Neis-
ner, Louis P. Sutton, New York.
NJ. e. Penney, e. B. Dibble, G. C.
Peters, G. NJ. Judd, Hartford.
II. II. Becker, Millerton, n. Y.
George d. FOote, II. L. Hayden, Ira
r. Wildman, J. r. Gallagher, George
A. Kinner, Danbury.
W. G.. Kleinecke, Waterbury.
George w. Schaefer, Syracuse, N. Y
j. II. West, Chicopee Falls, Mass.
T. NJ. Condit, Newark, n. J.
A. e. Hall, Troy, N. Y.
Mr. and Mrs c. s. Thompson, New
Haven.
Gideon II. WEIGH, Torrington.
w. f. Hurlbut, Winsted.
L. J. Nickerson, West Cornwall.
A. d. Warner, Woodbury..
MRS ELLEN T. ROGERS.