The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1911-01-07

Galena. the first witness called Tor the
plaintiff, explained to the jury the
plot OF survey of the Pearce farm
made in June, 1907, at the request of
William B. Davis and OF Lots l and e.
He found the Pearce farm contained
254 acres and 81 perches. Lot No. 1,
I3 acres and fraction, and Lot No.
2, 22 acres. A certified copy of the
will of John Ward Davis was next
offered, the features of which are given
above. A certified copy OF the deed
for the Pearce iarm, given by George
w. Cruikshank, Attorney, to John
Ward Davis in 1880, was also offered.
Thomas A. R. Pearce was next call
ed and stated that he was born ON the
Pearce farm in 1862 and resided upon
it before and after its purchase by Mr..
Davis, who made an addition to it
from the Cash Corner farm in 1884.
Mr.. Perce followed the lines OF DR..
SCOTS survey of the farm and of Lots
1 and for the information OF the
jury, stating that he heard Mr.. Davis
tell his iather of his purpose to add
part OF the Cash Corner farm to the
Pearce farm Mr.. Davis after he got
the Hin lots Strengthened the lane
from the house to the road. Lot No.
was titled with the Pearce farm.
Robert Ferguson. Had lived on the
Pearce farm from 1887 till 1896, and
again for the past three years John
Ward Davis had owned it during his
first tenancy and William B, Davis
owns it now. Witness showed on the
pat the line OF the fence between Lots
Nos. 1 and ?, and the boundaries OF
No. 3 William B. Davis put up
wire fence between the two lots. Wit
ness took it down when the injunction
was laid but put it back again to keep
hi sstock off OF Lot No. 2, the one in
dispute as to title. Both lots were
iormerly part OF the Cash Corner
farm. About IL acres OF the 22 in No.
, are tillabie.
William B. Davis, the plaintiff. Said
his father died on May 2S, 1907. Wit
ness took possession of Lot No. ?, on
January I, 1908 He had directed Mr.
Ferguson to order his brothers hands
off the lot and not to cut wood there
on. Later his brother ordered him
(witness) off the lot. Mr.. Constable
asked Mr.. Davis how manv acres there
were nthe Pearce farm: how many
farms his father had owned how
many sons he had; whether he did not
leave each son farm and one farm
to witness daughters; whether he did
not contro, more than hall the entire
estate; which was the larger, his or
his brothers farm, and whether the
! farm left to witness daughters was
II h., 81. M.
burton objected to each question, ard
was sustained, MIR. Constable noting
an exception.
THURSDAY.
Mr.. Warburton offered the order OF
Court directing the bringing Oh the suit
on trial but after argument the Court
ruled that it was not admissible, but
should go into the record if an appeal
should be taken. Under exception Mr..
| Warburton was allowed to read the
order to the jury in order to prove
that Sheriff McAllister had been ap-
pointed receiver The receivers bond
was also offered. The plaintiffs case
was then rested without calling his
many other witnesses and defendants S
counsel in order to consult with his
witnesses asked for a recess which
was taken until 1 p. m.
After the recess the defendants case
was opened, The deed for the Pearce
farm, given to John Ward Davis by
George w Cruikshank, attorney, in
| 1880. was offered as evidence. Powell
F Johns, OF Warwick, then explained
with the aid OF his notes, plat Of
surveys which he made in 1907, 'oS and
10 OF the Cash Corner farm, owned
by Edgar J. Davis, and also the loca-
tions OF lots Nos. I and 2, the former
added to the Pearce farm by John
Ward Davis and the latter claimed by
Edgar J Davis. Mr.. Johns found No.
I contained I3 acres 81 perches, and
No. ?, % acres perches. 40 acres Of
the Cash Corner farm lie south OF the
| Cash Corner -Ginn's Corner road.
Edgar J. Davis, the defendant men
| toned the four farm his father owned
| and was asked to give their acreages
He replied the Cash Corner $50 and
the Pearce farm originally 24o before
| Mr. Warburton's objection to his an
Swer was entered. His father was 81
CdlS DIu WHICH llt uleu ana was lie
long farmer. He had heard him say
that 40 acres OF the Cash Corner farm
| lay south OF the Cash Corner CHM S
| Corner road. Mr.. Warburton object
ed to the last question and answer on
the ground that there was no ambig-
uity in John Ward Davis will. Mr..
Evaus replied that the question was
asked without regard 10 the will, but
to show that more than IS acres OF
the Cash Corner farm lay south OF the
road and proceeded to cite authori-
ties to the effect that as all devises
present some ambiguity, to determine
their extent, resort must be made to
evidence outside OF wills, Judge Ad-
kins inquired whether the question
before the jury was did the 3S acres
belong or not to the Cash Corner
farm. Mr. Evans replied that John
Ward Davis had put IS acres Of the
Cash Corner farm into the Pearce
farm, which he devised to William B.
Davis. but % acres remained in the
I Cash Corner farm If he had willed
the original Cash Corner iarm to Ed
gar J. Davis, the devise would have