Five Mile Beach weekly journal., 1915-12-24

akG9 NH DSAsS1
ing after the interests of his wife.
Theopolis Dare-KDew Leigh and
said fence was put up May, 1911, but 1t
vas torn down as fast as it was built.
Saw Leigh often and said fence was
sixteen feet high along Cedar Avenue
which entirely covered their windows
on that side. Had worked for Joseph
n. Hertz also for Mr.. Geisenberger In
til the store started on the present
corner when he went there to work.
Edward F. Howard was recalled to
the stand and said the first fence was
put up in 1911 and was of solid board,
tn re was no little fence put up.
w illiam Carll-Said he knew the
pi ace in dispute since 1907. DID not
see any fence there IN 1908 aud 1909
Was salesman for Geisenberger 10 1907
In the store. Never any fence there to
his kno Wedge. Did not know Howard
at that time.
w. f. Wentzell-Knew OF this local.
ity for the past eleven years. There
was a fence there. Knew there was
some trouble but does not recall a low
fence.
A. w. Johnson-Knew this corner
for the past twenty years and was pos
tive there was no fence there prior to
1911 but one was built that year.
Never was a post fence there.
George Essling-Knew this corner
since 1908. Never saw a high or low
fence.
e. Yenney-Knew this corner since
1908. Remembered seeing a high fence
in 1911.
Attorneys for the plaintiff rested and
Attorney B .rgen made a motion that
the Judge instruct the jury 10 rendera
verdict in favor of their client, which
was denied.
A recess was taken from 1890 to | 30
pm.
A. w. Johnson was recalled and
said he knew of these lots from 1900
to 1908. In 1893 and from that time
until 1908 huckster wagons, lumber etc,
was stored there and lots enclosed with
q wire fence.
Edward F. Howard was recalled.
Knew Shearer got the lots in 1889
and made general improvements there
on and parted with lots in 1890 to John
G. Berner, and James Young filled in
the lots. Birkbeck took possession of
the lots in the fall Of 1902 and Howard
bought them from him in 1908. He
said he has paid the taxes since he
owned the lots and has made a number
of improvements. The wagons of
James Young were there in summer of
1900. Paid tax on this property since
1904 and ever since. He was shown
several TAX receipts and gave evasive
answers. Rented the lots for tent
meetings and later to Dare for a store.
Defense here rested and ex.Judge H.
H. Voorhees, began his address TO the
iuryfor the plaintiff, describingthe boun-
Diary lines of the property bought by
Joeph Taylor from the Holly Beach
Land Co. He stated that Taylor had
no deed to this property and did not
expect any, but could have gotten pos
session through the company, Of which
he was president, fine had owned them.
He told the jury Howard could not
take title from Taylor because he did
not hold title himself.
Judge j. w. Wescott opened for the
defense and claimed that Howard has
been in possession for twenty years and
therefore entitled to claim same. Tay.
lOr did take possession of these lots and
Shearer bought and resold them to Ber-
ner and asked Taylor to have deeds
made over to Berner for 1882. How
ard paid Birkbeck $4,000 for these lots.
An appeal was taken to the Court of
Chancery with the idea of taking all
the land from Howard but a decision
was rendered in favor of Howard. 1t
was then taken to the Court of Errors
and Appeals but here met defeat, it be-
ing decided that Howard owned the
property. Judge Wescott said that old
Joseph Taylor was probably induced to
part with this little strip for a small
consid ell alton and characterized this
case as a scheme to squeeze money out
of Howard, and commended that Leigh
rented the property from Howard, and
asked the jury to find a verdict in favor
of his client.
Judge Carrow began a lengthy legal