Omaha daily bee., 1912-04-28
Nebraska
DISTRICT COURT IN PHELPS
Unusual Point is Raised in Suit
Growing Out of Land Deal.
RIVER WASHES AWAY 72 ACRES
Old RederaI survey wants h.
Money Returned-Other
Case. Considered.

HOLDREGE. Neb.. April gs.-(SpeciaD
THE district court OF this county con-
eluded an important session here Friday
evening, The only criminal case was that
of the state against Glen Childs, who was
arrested originally on charge Of horse
stealing. This charge was slightly mod
fled to include the term receiving stolen
property and with this modification
young Childs pleaded guilty A strong
effort is being made to keep him out OF
1 the penitenuary. Judge DUNCAN signi-
fled his willingness to sentence the young
man and then parole him. provided =
good. responsible person furnishes a bond
of $500 and serves as probation officer.
The delinquent young man took a horse
from barn In Bertrand and taking II to
Lexington sold 1t TO a horse buyer.
Unusual Point In Land Case.
Some very unusual questions for this
part Of the state were brought up for
adjudication in the case Of knight against
Doherty. The case involved a $1,000 lan9
deal In which II. A. Knight was to ex-
change AS acres of land In this county
and Buffalo county for land In Kansas.
city property in Holdrege and cash. The
Buffalo county land Of which the con-
tract called for ll3 acres. is an island in
the Platte river At the time Mr.. Do
herty viewed the land with a view 10
making the deal the Platte river was
high and he did not visit the island
Some little time after signing the contrac.
and exchanging some Of the deeds in the
deal Mr.. Doherty went TO view his island
and was at once impressed with its
smallness. lie reported his views to Mr.
knight and the two took a surveyor and
surveyed the island. with the result that
II was found TO contain but a trifle more
than forty-one acres. A subsequent sur
vey by the Buffalo county curveyor cor
roborated the first survey.
On the ground that the contract called
for ll3 acres Of land at the stipulated
price Of So an acre Mr.. Doherty asked
proportionate rebate for the missing sew
enty-two acres and refused to turn over
the deed for the Kansas land or make
further cash payments. Mr.. Knight sues
to secure the deed to- the Kansas land
and the balance due him. His attorneys
proved that the government survey Of
the island made in 1888 showed II to con-
tain ll3 acres and that In all subsequent
transfers the island had been listed as
llS acres. Owing to the important points
involved in the case the attorneys secured
permission TO submit their arguments in
the form Of briefs and the case was no;
adjudicated at this session. In the mean
time the question as TO who loses the
seventy-two acres appropriated by the
Platte river remains unsettled.
Pay for Two Toes.
After being out for ten hours the jury
In the damage case Of Sidney Atwood
against the Burlington railroad brought
in verdict of $3.50 for Atwood. He Is. a
travelling man and had parts OF two toes
amputated by a Burlington freight train
from which he was trying to take his
grips after having ridden on an open
flat car from Naponee to Bloomington.
only one divorce was granted BY Judge
DUNCAN, that being given Emma Rohr.
bacher who sued for a decree of senara