The citizen. (Honesdale, Pa.) 1908-1914, 1913-01-24
FIRST WEEK OF COURT CLOSED
TO-DAY
Last Case Finished This Afternoon
All Small Cases This Week
Three Sentences Pronounced.

the trial list on tuesday morning was
that of Eberley Skinner against Jas.
Dolsen. The dispute is over a piece
of land in Damascus township near
Milanville formerly owned by Jennie
Dolsen. The land came into the pos
session of her brother, James Dol
zen, upon Sheriff's deed. Mr..
Skn,' ner owned the tract of land ad-
ioinine, and it seems as though the
two tracl.,s overlap at point near
an old stone fence Mr.. Skinner had
cut timber off what he alleges to
be his land, that is, on the east side
of this stone fence Mr.. Dolsen
claims that Mr. Skinner cut timber
on both the east and west sides of
the fence. The action was brought
to recover $265 which is the amount
of the agreement for the lumber.
The jury which tried the case was
composed of the following: Jacob
Collum, of Paymyra; F. F. Conrad,
of Scott; VIM. H. Doyle, of Preston;
Ward Frey, of Dreher; E. H. Huber,
of Damascus; Leon Katz, of Homes
dale; John Mangan, of Texas; Job
R. More, of Lehigh; F. o. Rickard,
of Cherry Ridge; w. ]. Seymour, of
Berlin; j. H. Smith, of Bethany; and
j. T. Schleupner, of Paupack. Eber-
ley Skinner, the defendant, was rep
resented by Attorneys VIM. H, Lee
and E. G. Mumford, while the plain
tiff, James Dolsen, was represented
by Attorney R. M. Stocker.
The plaintiff called five witness
ses. Isaac L. Sandercock testified
to having made a survey of the Dol
sen lands and the adjoining lines and
that he had made a draft of it. The
draft was presented as evidence and
explained to the jury by Mr.. Sander
cock. He told of the stone fence
running along the east line of the
Dolsen tract but not exactly on the
line. He said that he knew when
the timber had been cut but didn't
remember having seen any cut on
the west side of the stone fence
which would have been on Dolsen' S
land. Cross-examined-Mr. Skinner
but I did not survey with it. Was
No. 1876. We found the west line
but didn't try to locate Skinner's s
land by the survey. The northeast
corner was determined by a grape
vine corner. The stone wall had
been there for about 25 years to my
knowledge.
Eberley Skinner was sworn:
Am 60 years old and was born in
Milanville about two miles from the
piece of land in dispute. Know
every foot of the land. Stone fem q
has been there over fifty years. |
hired timber cut on east side of this
wall on my own land. j was present
when Mr.. Sandercock made the sur
vey, also several others. The grape
| vine corner was always there. My
father, who lived on the place show
ed it to me. Was on top of ledge
have deed to this piece of land
from R. M. Calkins.
Emit Calkins sworn: Testified to
knowing of the existence of the stone
wall as he said he had known it tc
! have been there 25 years. Said tim
| ber was cut on east side.
John Sherwood sworn: Live IN
Milanville about two miles from
property in dispute. Know of stone
wall. Has been there at least &C
years. Timber was cut on east side
of the wall. Stated that he was g
brother-in-law of Mr.. Skinner and
| dloO pICP-ldIlCl VI Vhl bOlOSur
Edward Hampstead sworn: Testi
fed to having cut the timber for Mr.
Skinner in Damascus township or
Feb. 10, of last year. Cut it on cas-
side of wall. Wall. didn't run dowr
to river but north and south. De
Tense rests.
was George Heller who took the
| Stand cta hn
veyor and had been for 25 years
He produced a map which he said ht
had drawn of the region in dispute
The map was offered in evidence anC
explained to the jury. Dolsen's deco
called for 70 rods but we surveyed
it 80 rods. 1t also calls for the
southeast corner of No. 1875. Skin
ner's deed calls for same corner
The wall is not exactly on the line
some places being 2 or rods of
the line. Never saw the corner made
by grape vine. The southeast
corner / found when I surveyed it il
1892. Found several corners along
the line. The timber was cut west
of the line in dispute.
James Dolsen sworn: Am defend
ant in this case. l know of the stone
wall and lines in question, but have
no knowledge of a grape vine corn
er. Nearly half of the lumber was
cut west of the line on my property
The wall is about 1 5 rods long.
The agreement which was entered
into between Skinner and Jennie
Dolsen was dated May 26, 1912, anG
called for $265. The case went tc
the jury about three O'Clock Tues.
day afternoon.
The jury came in Wednesday
morning with a verdict in favor oi
the plaintiff, Eberley Skinner, fol
the full amount of the timber.
Tuesday afternoon the case oi
Emma Conley against Kate McKan,
ma was taken up in the Wayne coun.
ty common pleas. Attorney Chester
A. Garratt took up the case of the
plaintiff, Miss Conley, while Searle
& Salmon represented the cause OF
Miss McKanna the defendant! The
plaintiff claimed $50 for two weeks