The semi-weekly messenger., 1903-12-15
Ask Your Druggist for free Peruna Almanac for 1904

terms, the New Hanover Shingle
Mills, of this city, to cross the lands
with a tramway in order to reach anG
haul out timber from timber lands
owned by the shingle mills. Then the
stockholders of the New Hanover
shingle mills, it is alleged, organized
the Holly Shelter Railroad Company.
This road IS chartered to run from
Bannerman's bridge on the Moth
East river to Shaking Creek, a dis
tance of five miles. The railroad in
stituted proceedings before the clerk Of
Pender county to condemn a right OF
way over the lands of MessrS. Parsley
and Newton. This was resisted and
several hearings had before the clerk.
Counsel for Messrs. Parsley and New
ton obtained a suit of prohibition from
Judge 0. H. Allen, stopping any ac-
ton by the clerk, which suit he after
wards dissolved; then application was
made to the supreme court for a like
suit and that court refused 20 grant
it. Judge VIM. A. Allen afterwards
heard the case at a term Of Pendel
court upon appeal from the clerk, and
he remanded it to the clerk with Ill
rection to proceed to appoint cOmmls-
sioners to condemn the land. This Or
der was appealed to the supreme court
and it affirmed Judge Aliens decision.
W uliS, NtSSIS. IlSleS dIll New
ton instituted two suits, against tao
railroad. the shingle mills and Me5srs.
c. W. Mitchell. W. p. Taylor A. W.
Taylor. and H. A. Brown, Jr.. who are
large stockholders in the said CON-
panies alleging title to the lands aid
asking that the defendants be enjoin.
ed from entering upon the lands.
Judge Brown sometime since at Gin
ton. restrained all the defendants. aX-
cept the railroad, which was allowet
to give Il five thousand dollar
bond and go on with its work. Il
these suits. the defendants H. a
Brown. Jr.. and A. w. Taylor set up 4
defence that by entries and grants
purchased by them they owned part o
the lands in question. Now, as :
further effort to prevent the railroad
from building. this last suit wa
brought by the attorney general. a
the instance Of MeSsrs. W. l.. Parsley
and H. B. Newton. Still another in.
junction matter is pending before
Judge Brown to restrain Messrs. w. [
Parsley II. B. Newton and the Hiltor
upon the lands claimed by Mr.. H. A
Brown, Jr.. and 4. w. Taylor, as ais,
by Messrs. Parsley and Newton. Al!
together seven suits between III.
parties have grown out Of this con
troversy and the end is not yet. Thcs
suits VIII nave 10 De lT1e1 nltllIy De
fore a jury in the courts OF PendeI
county.
However, the railroad will now re-
commence building and, maybe. before
another suit opens a fresh apter
will nearly succeed in spreading itsHl
along its whole length of five mile
before the summer travel opens up, o.
the ingenuity of learned counsel agau
blocks its progress. 1t looks 10 ar
outsider that in all this there is mucl
to do about nothing.
In all this litigation. Messrs. Roun
tree & Carr. Hon. Jno. D. Bellan.
and r. G. Grady. Esq. have represent
ed Messrs. w. L. Parsley and II. e
Newton, and the state. Messrs. Ire
dell Meares. OF this city. ]. T. Bland
Of Burgaw, and Hon. Frank D. Win
ston. of Windsor, y. c., have repre-
sented the defendant railroad ant
other parties to the several suits.