The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-07-08
;THEATER GIN 81 !!
POSSESSI o
DISPUTED LAND.
f.tcontinued from paSe one,

lot known as the Barnes property,
called for depth of 165 feet, the.
former owners having made no
actual deed to the city when the
alley was paved
The officials OF the company
decided to deed three feet from
the rear of the Barnes property
to the city, making the depth Of
each of the lots 1872. feet. Attor-t
ney French McCray, represen ting
the McCray Garage, which is To-.
Gated on one Of the lots opposite
the 3theater property. entered a
prot with the Board OF Direc-
tors. McCray's position was that
the theater company had no right
to take a part Of the street that
had been paved and opened for
nineeen and one-half years.
The West Virginia Amusement
Co. was ord cred by the city to
cease work in Ogden avenue until
a settlement of the question could
be effected. Following a confer
ence Thursday between city off
Gals. amusement company officers
and persons representing the Nc
Cray interests, the Board ofDirec-
tors asked engineers of all parties
concerned to meet and make a
Joint survey of Ogden avenue.
$s Survey Reported
This survey was reported to the
Board of Directors at o'clock
yesterday afternoon and officially
accepted, all parties agreeing 1t to
be correct. The survey fixed the
line of the alley two feet, eleven
inches south Of the northerly line.
of the paving.
A record of the proceedings and
the order issued yesterday after
noon, as prepared for the official
minutes by City Attorney Albert
j. Kern. is as follows:
After the acceptance of the
report of the engineers, as above
set forth, the Board of Directors
heard the arguments of French
McCray Esquire. and Frank 2.
Raymond, Esquire, on behalf Of
the petitioners, and also heard the
argument of Osman e. Swartz, es-
ouire, on behalf of the respondent,
the West Virginia Amusement Co.
"Thereupon the board by agree
ment entered into executive SEES
sion for the purpose of determln-
ing the present true northerly line
of Hull alley, along the real estate
of the respondent lT
Order is Entered
Discussion was had Of the
whole matter, and upon the mo-
ton of Director Morris it was I'M
5animously ordered, as. follows
So 5. TINT the Board .of.Directors
OF the city of 5Fairmont finds and
determines that by virtue OF a
dedication by deed, and accept
ance thereof on the part Of the
city of Fairmont, of a conveyance
made by w. E. Watson, dated
August s, 1902, and of record IN
the office of the clerk Of the coun;-
b y court Of Marion County. W. Va.
in Deed Book No. III at page So.
that the city Of Fsairn-ont acquired
and now holds three feet FOR the
purpose of widening Hull alley on
the lnortherly side thereof, to
which three feet the city Of Fair
mont has an indefeasib]e right OF
easement for public travel and
use;g that the respondent, to-wlt,
the West Virginia amusement GO.
corporation, is bou-d BY the
conveyance aforesaid.
THAT the board further finds
and determines that in the inter
est OF the public welfare and to
quiet yexatious questions and to
secure a uniform width for said
Hull alley along the entire line Of
the real estate OF said amusement
company, being a distance Of about
eO.2 feet along said Hull alley
(and said real estate being parts
Of lots Nos SO and so as laid down
on the original plat of the town Of
Middletown, now the City Of Fair
mont) that the present true nor
therly line of said Hull alley along
said real estate, is three feet
northerly line of said Hull alley
and parallel herewith.
4"That the board further finds
and determines that the three
feet aforesaid, and the location Of
the present true northely line Of
said Hull alley along the line Of the
real estate of the said Amusement
Company, shall be based upon the
indings of the engineers this day
reported and above mentioned IN
the proceedings this day had X
this matter" &4 #
@ IS. TO Align Foundations
When officials of the West Vir-
GINA Amusement Co.. wero adj
vised by engineers yesterday at
ternoon that the foundations Of
their proposed building would ex-
tend into Ogden avenue three
fourths Of an inch at one end and
one fourth Of an inch at the other