The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1913-07-25
The Mitchell win Has Been
Filed II Probate
Judge Jewell To Hold Court
Here Saturday
Other Items Of Interest From
The Temple Of Justice
Newark Advocate)

Newark Advocate)
Should decision Of the Court Of Ap-
peals, filed here Wednesday, be up
held, holders Of land In the borrow
pits along the bank of Buckeye Lake,
who obtained their land by govern
ment patent, are at liberty to oust
tenants occupying the land by lease
from the state. The opinion nled by
Judge L. X. Powell Of Mt. Gilead is to
the effect that the state has no title
to the lands described.
4 The cases at bar are those Of Isaac
Jones 70. William p. Myers and Jas.
T. Haynes, plaintiff and defendants.
respectively, being represented by At.
torneys Kibler 4 Kibler and F1ory G
Flory. These two cases were appealed
from decision Of the court Of Common
Pleas which found In favor Of Myers
and Haynes.
Jones cllins title to l3 acres situat.
cd along TIE bank. The northwest
bank Of ~ lake runs across the tract
northeast ~ southwest. Adjoining
the bank q the northwest ars the Dor.
row pits. frem which eartA was dug to
form thha rstainiAg emhankments.
These pits vary in width with an av.
erage Of 100 to 126 feet Jones claims
the land by patent from the govern
ment and the defendants. Myers and
Haynes claim It either by act Of con-
gress, May ~, 1928, or by act Of the
state legislature Of February 4. 1926,
providing for establishment Of the lake
and canal system.
Referring to this the court says:
1.-THE evidence shows that the canal
system was completed sometime In
1892; the date Of the patent for the
lands described is April 10, 1S43, SO
that 1t is . contest between the two
titles emanating from the government
as to which conveys the better right
to the premises involved In this &C
tion. under the respective titles thus
claimed. Buckeye Lake, formerly the
Licking reservoir. Is q part Of the can
al system of Ohio, and although 1t Is
now dedicated as public park for the
benefit of the citizens Of the state. 1t
was originally constructed as part of
that system"
The finding declares there Is no evil
dence to show that the state acquired
the property by the act Of congress,
and that II 1t was acquired by act OF
the state legislature then it was done
before the land was patented and while
It was in possession Of the general
government. This, says the court
could not be done.
On this line Of reasoning the court
orders the injunction obtained by
Jones perpetuated and finds for the
plaintiff. The court holds, however,
that land actually occupied by the
state IL conceded still to be property
OF the state.
It is likely that . further appeal will
Nbe sought. Many leases occupied by
summer cottages would be invalidated
under this ruling. 1t 10 said.
The Mitchell Will
The last will and testament Of Per-
lie o. Mitchell. late Of Mt. Vernon.
has been fled In probate. BY the
terms Of the will she gives to her
husband. Rollin G. Mitchell. her In
terest in the homestead located at
113 East Lamartine Place. Mt. ver-
non. All the rest and residue OF her
estate she gives to her children, Cliff
ton A., Florence D., LuNylla, Harry
O., Lena A., and Lucie Marie. share
and share alike, subject to certain
advancements made to some OF the
children. which are mentioned in the
will. Harry o. Mitchell and Halbert
M. Eggleston are named as execu'
tors Of the we'll which was signed
February 7, 1911, In the presence Of
Sara Curtis Kelly and Helen Louise
Gordon.
Constructlon Of will
, Florence q. Miller has commenced
: suit In the court Of conmoa pleas