The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-08-06
THE CITY SUED.
JOHN W. MONK ENTERS SUIT TO
RECOVER $4,000 DAMAGES.
He Sets Up q Claim to h Land on
which the City Rock Quarry Is
Located-Claims $4,000 for Rock
ouaried and $4,000 Punitive Dam.
ages.

ages.
The Messenger a few weeks ago an
nounced that Mr.. John W. Monk would
enter suit to recover possession OF the
land on which the city rock quarry Is
located, on Green's mill creek. near
the National cemetery. The suit has
been instituted in h superior cou
and comes up in the nature OF a claim
of 500, 900 against h city OF Whining
ton. Messrs. Bellamy & Peschau and
Bellamy & Bellamy are attorneys for
the plaintiff, and yesterday they served
upon Mayor A. NJ. Waddell and City
Attorney William ]. Bellamy the fol-
lowing complaint:
State of North Carolina
County Of New Hanover.
John w. Monk and Henry Galloway,
execute of F. NJ. Galloway. VS. the
City of Wilmington.
THE plaintiffs complaining Of the de-
PENDANT alleges:
~"First-That the plaintiff John w.
Monk is the owner in fee, and was at
the time of the occurrence hereafter
complained of, of the following de-
scribed land a in the county OF
New Hanover, state of North Carolina,
to-wit:
Beginning at the plank road bridge
in Green's mill pond, running thence
n SO degrees. E 6 chains to Monks cor
ner. thence n Is degrees, w 80 chains
and &c links to the New Bern road.
thence with the New Bern road TO the
center Of the run of Green's mill creek
thence with the meanders of said creek
to the point of beginning.
"Second-That on or about the S0th
of March 1900 and for some time prior
thereto the defendant, the city of VIII
mington, did wilfully and u~nlawfully
tresspass and since then up to the insti-
tuition of this action, has wilfully and
unIawfully tresspassed upon the said
land and mined and removed therefrom
a large mount of she'll or lime rock TO
the value of $40, 900.
"Third-That on the 30th of March
1900 these plaintiffs served a written
notice Upon the efendan stating that
they would hold the liable
for all damages arising to said land by
reason of the excavation and mining
and the removing of rock from the said
soil, but that the said defendant has
wilfully n unlawfully persisted in
making the said excavations and leav-
ing the same open, and damaging the
property to the extent of 81, coo.
"Fourth-That the plaintiff John W.
Monk conveyed the said land by way
of mortgage to F. NJ. Galloway, the tes-
tator of the plaintiff Henry Galloway,
Which has been duly registered in the
county of New Hanover.
Wherefore the plaintiffs demand
judgment against the defendant.
"First-For $40, 900 for the value of
the removal of the minerals from said
land.
"Second-And for $40, 900 for injuries
to the same by leaving the excavations
thereon open and exposed, and
"Third-For the cost of this action.
"BELLAMY & PESCHAU,
"BELLAMY & BELLAMY,
Attorney for Plaintiffs"
John w. Monk being duly sworn
says that the foregoing complaint is
true to his OWN knowledge except as
to those matters stated on information
and belief and as to these he believes
it to be true.
-. w. MONK"
Subscribed and sworn to before me
this 26th day Of July, 1901.
JOHN D. TAYLOR,
CLERK Superior Court"
During the first administration of
Mayor Waddell the city leased from
which the rock quarry is located and
since then has mined rock for the pur-
pose of matchmaking the streets of
Wilmington. The piece of property in
dispute a been in possession of
Mr.. Monk for the past twenty years.
Mr.. VIM. A. Wright, who now manage
the property sets up a claim to all the
land contiguous to Green's mill creek,
claiming that the deed under which Mr..
Monk held the property does not call
for such an amount of land as extends
to the run of Green's mill creek, and
that he, William A. Wright, is the law
full owner of the lands which he leased
RI the citv Thapo hac hean nraVi0lfS
contention between the Monk and
Wright interests but Mr.. Wright too
possession of the property without 60
ing to into court and leased it to the
city March 80, 1900. The quarries were
shortly afterwards opened by the city
and have been continuously operated
since the lease.
When the city began to open the
quarry Mr.. Monk through his attor-
ney's notified the city authorities hat
he would hold the city responsible for
all damages sustained. The city there
upon required Mr.. Wright to give a
bond indemnifying the city, and Mr..
Wright rave a bond holding the city
harmless from any loss ii might sus-
ain through a suit by Mr.. Monk IL IT
operated the quarry.
In an interview with City Attorney
Bellamy yesterday he stated hat under
the situation the city would not lose
anything, as the suit was really be-
tween Monk and Wright than be-
tween Monk. and the city. He states
that if Monk is successful in his suit
which ne thinks is not likely. Wright's
pond will be held responsible for any
loss the city might sustain by the suit
| in the way Of damages or costs.
| ---
Through the months Of June and
| July our baby was teething and took a
running off Of the bowels and sickness
OF the stomach" says D. p. NJ. HolIi.