The Parker post., 1912-11-23
WIN
TRESPASS SUIT
LOCAL JUSTICE COURT DECIDES
SETTLERS IN POSSESSION OF
LAND MAY STAY UNTIL QES-
TION OF TITLE is SETTLED.

| TOqudCCerS ON the contested nome
steads near Neighbours won their
suit against contesting parties in the
local justice court early this week
and will be allowed sole possession
of the land until the question of title
is settled in the county and U. S.
courts.
The cases which came UP Monday
and Tuesday before Justice of the
Peace Moore were W. B. Edwards vs
P. H. Bodkin, Theodore Bowen VS.
w. ID. Hickey and r. l.. Culpepper VS.
j. M. Ochletree Other cases will
come up within the next few days.
Justice Moore has stated that the
precedent set in the cases already
tried will be followed and the set
tiers who have been living on the
land will have the right to remain
there until title is declared.
The suit brought by the plaintiffs,
Messers. Edwards, Bowen and Cul-
pepper, was for forcible entry and
trespass. In the course of the trial
the court stated that he had no juris-
diction over the question of title
to the land but would decide the case
on basis of actual possession at
the present time
J. o. Philips, attorney for the plain
tiffs, pointed out that the fact that
his clients had been in actual pos
session of the land for a number Of
years and were therefore entitled to
possession until the matter of title
was decided in higher courts.
j. M. Ochletree, one of the defen-
dents, stated on his part that he
] held in his hand filing ON the land
and that according to his contract
! with the government in this filing h
| was not only entitled to the home
stead but must necessarily take up
\ residence upon it at once
\ The courts final ruling was as fol
lows:
''The question of title and right to
possession of the land is matter
over which / have no jurisdiction but
| in my opinion while the ownership OF
the land is still in doubt it seems
reasonable to me that the man in
possession has right to protect his
rights until the question of own
ership is settled.
Il therefore hold until such owner
| ship is decided that any one enter
a trespasser and must remain off un-
| til the final appeal is taken and
ownership of the land legally decid-
ed Under the present circumstances
| the defendent felt it compulsory to
enter upon this land by order of the
land office and therefore these miti-
eating circumstances will at this
time prevent me from imposing any
fine and the case against the defen-
dant is dismissed. | will, however.
issue an order restraining the defen-
dant from furtheI9trespassing on the
property pending the question of
ownership"
Settlers in the neighborhood of
the contested clainas are taking sides
and Justice Moore stated he would
take every precaution to prevent a
clash. The sentiment of the majority
I/~e
trict is strongly in favor of the squat
ters as many of them have worked
for years getting the land in shape
| for farming and to lose possession
will rob them of the savings of
lifetime.
| A sidelight to the land controversy
is the alleged attack on Ochletree an
Feischer, two of the contesting home
steaders, by freighters between
Neighbours and Glamis last week
The homesteaders assert that they
were attacked with rocks and bad Ian
guage when they stopped at the we'll
for water on their way to Glamis.
the teamsters not only ran them ava
from the we'll but pursued them to-
Glamis and after ''liquoring up" tor
mented them until the train pulled
out.
The drivers, ON the other hand,
say this report is greatly exaggerat
oH
marks nothing passed between them
and the homesteaders at the well.
The mule-skinners were on their road
to Glamis for carload of potatoes,
that had been shipped in by local
mercantile company, at the time,
and had no thought of pursuing the
heightened travellers.