The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1914-11-16
4 LITIGATION Has Been Long Over
lpswich Acres, Used as a
Pasture
TITLE OF VILLAGE
is JUST CONFIRMED
: Court Decides Case Pending BE-
fore Bar For Past Fifteen
Years

~ DUUxSmc JuuiShoi SouaS sn~' s
& - legally entitled TO 80. rights. OF
nhares, IN the Great Neck. or Jenries
Neck reservation OF 400 acres, ENDS
litieation OF Is years regarding the
| Tue case Is of more than ordinary
4 1nterest on account OF numerous qnes
n1ons raised during the hearings. no'
nnly IN regard TO the rights OF Fps
&vlch. but OF many individuals, no"
wfdely scattered. who are known te
ave legal claims on the territory
+ mt Who were ignored when the deed
annoying the land to Alexander b
Clark was executed.
& Records attest that William JET
1rios IN 1914 acquired control OF the
4 torritory by grant from Masconnomet
~ 1871. John Mason, of the Plymouth
4 &ompany. secured a patent OF the
6ame territory. and later John Win
4 throp was given title by the crown
IN does not appear that the early set
<)lers or Ipswich knew much about
4 <ho grant.
Connfcting claims Of ownership
were made shortly after. Winthrop
IN his company settled in Ipswich
10 after several years litigation
3Toson was adjudged the rightful own
-. Failure to comply with provisions
- the decree caused him to lose his
&1f1o. and then the territory reverted
- the inhabitants and was assigned
~ common property and for common
ne OF the town forever.
At drst the six-acre lots were as
1Gnod for agricultural purposes. IL
Son became evident that the reser-
Sntion was better adapted for pastur-
80, and during the past ESQ years the
6rmers every year In many OF the
oWns In Essex county on May ~
1--we driven their young stock to Jef-
Lice Neck, there to remain without
rhelter until biting frosts Of autumn
ompelled return OF the animals 10
orns. Some years as many as 800
<ood graxed In the pastures.
Within q few days cattle that graz
"a on the reservation the past sum-
ner will be driven to barns In this
nd adjoining towns, thus repeating
rocessicns similar In territories In
footern states.
This town early made provision for
>1ilding q road to Jeffries Neck and
nooigning lots along the three miles
"a shore facing Plum Island river for
~ use OF fishermen. Early In the
Ehteenth century endeavor was un-
nccessfully made to change control
~ the reservation from the town TO
.e comnoners. Finally II was agreed
Int. as the number of commoners
4ere yearly increasing. the grants
hen held should be controlled by
lem and their heirs and assigns.
ocords are meagre concerning the
I1nsactions OF the commoners. yet Il
known that frequently trouble oc.
nrred regarding the real owners OF
ANY Of the lots.
ID 1853 the commoners bequeathed
. the town certain unclaimed rights
Md Il was these lots that the SUI
rome court decides belong to the
oWn.
b 1885 trouble began over action on
~ part of few proprietors owning
Ind along the shore. by making de-
and on fishermen and clammers TO
~ rent for the privileges they en-
Dyed. Many OF the fishermen refused
5 pay assessments levied. which re-
u1ted In open warfare and the raz-
Nc OF Q considerable number Of fish
smen's huts by the proprietors Of
Joffries Neck.
In 1880 the proprietors OF the land
rrgnnized az q corporation. At the
MEETING Of this corporation fifteen
pears ago Alexander B. Clark Of Pea
1ody. who previously had secured 400
1hAres. purchased all remaining
phares Of the corporation and thus
f: 5ocame sole owner OF the territory,
- he thought. The claims OF the
<)ovn we're not recognized.
Soon after Mr., Clark secured the
Heed he caused the arrest of two
&clammers for alleged trespass. The
town authorities came to the rescue
- the clammers who were found
E1i1ty In the lower court. Suisse
h Quently. on appeal, the case ives tried
- the Superior Court and verdict
E Vas rendered for the defendants.
his decision maintained the conten-
s Ion Of the Selectmen that the road
b the hill on Jeffries Neck was a
+ public way.
Mr.. Clark then entered suit against
(he town for taking gravel from a
s pit on Great Neck. In court he was
. awarded ss12.67 damages. The town
appealed and arguments were made
.1p the Supreme Court. Wilbur f.
R lowell of Lawrence was appointed
a Master by the court, 10 hear evidence
" u the case. Findings were made
nat the Inhabitants Of Ipswich were
1onants in common and that plaintiff
Uas not entitled to damages for gra.
<el taken II was further found that
|te sale by A. b. Clark, who controll-
- the Jeffries Neck corporation, as
y member Of the corporation, to him
~ a an individual. was for an In.
D1eQuate purpose and should be sci
The appeal OF the proprietors OF
o1r.es Neck from this decision was
1ord by Justice De Courcy OF the
nDreme Court Jan. 10 last. The
mt stated that neither side would
~ natisned with TIE decision OF a
1nG1e Justice. and 90 save time the
80 Was referred 90 the full bench.
r. n learned from the town author.
- that a. soon az the complete
ut of the nntfnxk 10 recetrsf action
Nd be taken regarding the s1iotrnen,
lots belonging 90 tie town. ss well
Individual owners. also 50 escer.
- tke Liabilities the Clsrk estate
r. With the torn.
n. CLARK died Oct, >. 1917. sn1
- n vac publir1y announce
~ had lost HIS c9ss exztnst ais
~ We not Informed. owing 20
~ z|1Aees. 81 the r<r<ict
;ssia j e. \ as ---s