The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-05-03
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TWO INTERESTING CASES.
In Circuit Court-Dispute Over Line
TO Set Aside Deed.

Two very inlcrcSlin" eases havo
court ut Ncwhcrry this week. One has
been determined by The jury and the
other was still in the hands Of the
jury yesterday afternoon In the
ease of Harmon VS.. Cook, it is dis
pute over line. These gentlemen
live as nci"hbors in the O'Ncall Sec
tion Of No. 0 township.
1t seems that for good many years
there has been difference between
the parties who own this land as to
the exact location Of The line, which
was established by survey made in
1850. The dispute, however. waXcd
warmer some time ago between Ilar-
mon and Cook and reached almost
the point Of Il personal difficulty. An
agreement, however, was reached be-
tween them. and a surveyor was en-
ploycl to take the old plat and ell
deavor to rc-cstablish the line. This
was done, and yet it was not salts
factory. Other surveyors were brought
in and they did not agree. Tt seems
that there is Il variation of the needle
due to some mineral formation in the
land. Al any rate, The differences got
wider and Mr.. Harmon brought suit
against Mr.. Cook for possession Of
the land and fur damages for tres
pass in the sum nr 10000. The ease
lvlS been in court ror couple of
years and WAS brought to trial on
Monday. The Jury rendered Il vrr-
diet in favor Of Mr.. Harmon. giving
him %100.nn and cost. TIL" amount of
the land involved. il i understood
from one nf the surveyors, who has
ma,lr IN estimate, is about 1-:3 Of
an acre. and that $1,000 pc aero
| the prit at which lands soils IN that
community would lr sometime: "v-
or %l.00. II is probable. however.
that the law suit IS not vet ended. as
Mr.. Cook is not al all satisfied with
the vrrdicI and will likely carry the
ease tn the supreme r"nrI.
The other ease IS that of John j.
Odrll vs.. PirkrnS b. Dlrll. TO sci
aside n deed t. l1G acres IF land in
| the nri!hhnrhunh of Whitmirr. The
plaintiff is brother Of Mr.. Odcll,
| who decided the land to his nephew,
Mr.. p. b. OdclI. The deed was made
in 1901 and suit was not commenced
until 1906. Mr.. Oliver Olcl, who
">"hc the deed, made his home with
y: lcphcw, Mr. p. B. Odcll. and dur
ing the time he lived with his ncph-
-. he had ease Of smallpox. and
forwards became an invalid. and
ring this time his brother. who
!. now Surin~ him. ~avc him no al
''ntion whatever, and ne was cared
T. by his nrnhrw II WAS Sou"ht tn
'nW that h" Wa not competent by
,iur nf mental weakness to make
- T. deed. What thr verdict will be
.'' course no one knows at This writ
-. but those who knew Mr.. Oliver
: tell. who lived in Nrwbcrrv ai the
'mc the deed was made. testify that
they considered him cnmpctrn to
"rakc the deed. and in view Of the
""rc which was taken Of him by his
nephew. il would seem that he was
not only competent to make the deed.
bul that he had the right idea and
: III" pr"nrr annrrciation FOR l,c kind
" care. which was taken Of him by
H. nephew.
Thr arguments in thc case were
""""lud"h Yesterday ar'ornoor. but
In" verdict was not announced at
IN" time The Herald and News went
to rrrSS. There arc three or four
90 : t" be tried during nc week.
'hc LAWYERS in thc O1cll ease are
e"'.y"r "f Union and q. T.. Schu,n-
! y. Of Nrwhrrrv for thr ploiniiff
anI llmt, Hurt and Hunter for p.
=. OdrlI