Five Mile Beach weekly journal., 1915-12-24
LEIGHS WIN VERDICT
IN THE LAW SUIT
Jury Decides Mrs. Leigh Has
Title 10 Valuable Strip of
Land In Wildwood. Case
VIII be Appealed


morning with the continuation of the
o. j. Leigh-Dare case, with Circuit
Court Judge Howard Carrow on the
bench.
Howard Carman IVES called to the
stand and testified he knew Dare Bros.
aud knew the property in dispute since
1902, alao knew o. j. Leigh and Edward
+. Howard and James A. Dare. Re-
membered when Dare built The store,
aleo he helped to build a line fence and
said it was built of posts and boards and
extended back eight or nine feet. Dare's
store was building at the time fence
was built. This was first fence witness
recollects and remained there for a
week. Leigh built stores there some
time after fence was built. His recol-
lection was not clear on various incl
dents.
Vice Chancellor Leaning, of Moores-
town, was next called and said he was
secretary and director of the Holly
Beach Land Co., and was shown min
ute book of that company which he
recognized. He was elected secretary
April II, 1885, the first meeting at which
he oficiated being May 2, 1885, and con-
tinued to act as secretary until August
%, 1889. All the minutes were in his
hand writing excepting those made in
the earlier period of his secretaryship.
AS secretary he recorded everything
that t%ranspired at the meetings. Record
OF report of drawing of lots Nos. Is and
II, section 158, was made and sold to
John L. Burk. Joseph Taylor was
president Of the company at the time
and according to the minutes he drew
lots for the absentees. The minutes are
silent as to any objection to these draw
ings by Mr. Taylor. The vice chancel-
lor had examined the minutes before
testifying. Mr.. Taylor made no objec-
ton to sale of lots. He had no recol-
lection of being at Cedar and Pacific
when the boundary line was
drawn. Knew Mr.. Darnell and when
asked II Mr.. Darnell was attorney for
the estate Of Mr.. Taylor answered he
did not know.
Latimer Baker stated he was inter
ested in the company and M Of the
directors from its organization to the
dissolution, attending all the meetings
and taking active interest. Knew the
corner of Pacific and Schellenger
nues and identified old map of Holly
Beach. He recollected the drawing of
lots in 1889 as he drew some at that
time. He was shown the minute book
and his attention was called to lots 16
and II, section 1853, and said the COM
pany owned those two lots at that time.
Was Mayor of Wildwood for seventeen
wears, being the first and last mayor of
the borough. Had no recollection of a
meeting and did not hear Joseph Tay-
lor say he owned the lots, nor did he
make claim to these lots. In 1884 the
Holly Beach Land Co. conveyed lots to
Mr.. Taylor. The latiron strip of land
was there at the time. A committee
went over Holly Beach survey, as it
was not certain as to the line. Cedar
avenue was opened in 1883. Taylor got
two deeds from the Holly Beach Land
Co. When Taylor took possession OF
lots there was a flatiron piece of land
on the Cedar avenue side of this prop
erty. January 20, 1891, Taylor sold his
holdings to a Mr.. Birkbeck, but does
not recall whether hatiron strip was
mentioned.
Lawyer George ]. Bergen went on the
stand and testified that his wife took a
mortgage on this property. He autho-
rized Mr.. Leigh to take proceedings to
get possession of the ground n erect
a fence and prevent Howard from get"
ting nossession. He had seen this
st1ip of land and put Leigh in possess
sion of the facts concerning this property
and that it " as of value. Herepresent-
cd a man who brought equity suit TO
get the balance of the property. WIFE,
man took title first to the property.
He instructed Leigh to take possession
of the property. Did not recall whetn-
or he instructed Leigh to put up renee