The independent-reporter., 1924-09-25


description OF the land he purchased
fran the Dobsou heirs in 1895. Henry
Fernald. the father of c. f. Fernald.
the plaintiff and at one time owner
of the property. testified about the
same having decided il 10 his son.
Gustaye Kimball testified to having
moved a building on the Lancaster
10 aud II. D. Getchell OF Pittsdeid
testified 10 having formerly owned
fhe property IN question.
Tie defense vas reached Friday,
shortly before noon. The lirst VII
aess vas L. 4 Hebber ef Harjiand.
"A surveyor. 0ho made plan of tn
buildings aH6 LOT belonging Ia Mr.
Lancaster aud explained tie SAM.
Mls. Lancaster took he stand. stat
IN thar she Was sixty-six years oil
last Narst and thai her husband =.
=. Lancaster died tWo years ago last
August. HAT they we're married in
1S75. she testified that granite
POSTS remained II the corners Of fhe
lai for Homa year. Witness sad that
20 complaint aad ever been made
during the long years of her and her
husbands ownership OF the property
that her buildings or fence was on
fhe adjoining lot until Mr. Fernald
became the owner OF the property
The case continued through 5atuf-
day forenoon. Lueien Phillips aud
" T. Phillips both 6t Pidsaea. both
testified 10 hafine worked on lie Ian
caster premises and that fence WIZ
two or three feet distaHt rom the
Zee house on the Fernald lot Mr.
Shaw and Elkauah branch. 10th tesz
tilted relative 10 the fence and james
Halliday. who is proprietor OF the
Woodworking mill on the Lancaster
property and prior 10 that superln-
tendent Of the American Wooden Cos.
warn mill in Pitt5held, testified that
he helped o. + Libby run out lines
for the warn mill and said that Mr..
Libby told him thai a small shed on
the Lancaster property oyerlapDed
on tne Feradld property about two
feet. W. J. Philbfiek Of Pittsiield
a builder and carpenter said that he
helped bnild the mill aud that the
fence was about eleven feet from the
mill Henry Whitman remembered
when the icehouse on the Fernald lot
was built in about 1858 as he WAS one
OF the builders and recalled Mr.. Ian
caster telling him it WIS placed oyer
his line witness recalled granite
stones at the corners and he said that
Dexter. once the owner of tie Fernald
property. told him in about 1895 that
he didn't have full lot Carl Fer
nald took the stand in rebuttal and
said that while he WIS working on his
premises Mr. Lancaster came over
and told him the line WAS not whore
he supposed it was but later said that
Lancaster said he guessed that there
were four rods in the fernald lot and
that he guessed he was mistaken. Wit
ness said that Was in the spring of
1921 1t was claimed by the defense
that Mr.. Lancaster WAS too i'll to 60
out at the time which several OF the
last witnesses had mentioned.
Miss Lena f. Marsh of Pittsfield, q
former insurance agent, WAS The first
witness called Monday and displayed
a map showing the exact location Of
dwellings, and other buildings III
pittsdeld. Testimony was refused
however from the map. James Halli-
day and +. S. Tucker, the latter pay
master at the Waverley mill in Pitts
field. who formerly lived in the Tay-
lor house, near the disputed line.
were both called for The defense. The
plaintiffs side then called S. l.. Serib-
ner of SolOn. Samuel Patterson and
Chester Chase OF PittsHeld. who Of
fered brief testimony and the evidence
was closed about three o'clock. This
ease 10 determine the true boundary
line between the plaintiff and defend.
ant has occupied the attention OF the
court since last Thursday.
ASSIGNED CASES DISPOSED OF
Several cases on the assigned list
have already been settled ont of court.
These include the civil damage ease
of Horace e. Spear IS Lue Albert.
The case of Arthur Cromwell vs.
Mathiase Osberg was defaulled for
5000 The case Of r. r. Smell VS. {.
VI. Austin is to be referred. The
case of John Gomher ys Ray c.
Brown and Martha T. Savage was de-
faulted by agreement and the case ot
Samuel w. Gould and Herbert Chap
man VS. Samuel Vein was referred to
Henry G. Winters. The case Of John
Yorke VS. George Y Cole was con-
liHltH ny df1i ttliithi anu iii1 As'7e VI
Thomas A. Anderson VS. G. w. Ben
nett was defaulted by agreement In
ease of H. c. fIurd vs. Edward 4.
Shepard the entry of neither party
no further action was ordered. Har-
vey II. Doe and Fred G. Doe vs. Harry
O'Neil was continued and E. NJ. Fay
Electric Co. VS. X. B. Cole was de-
faulted by agreement. The case Of
the Com-Bah Fbroid Co, vs. A. Il.
Bail was defaulted by agreement for
$9275 The case OF Humphreys ct
ais vs. Charles Z. Oliver & Son Inc.
was detaulted by agreement.
WATSON VS. HIGGINS
The case of Henry l.. Watson Of
SkoWhegan VS. Amos H. Higgins Of
Augusta. real estate dealer, was
opened Tuesday morning. Mr.. Wat
son was represented by VIM. Folsom
Merrill of the firm of Merrill & Mer-
rill and Mr.. Higgins by Ernest Me
Lean of the firm of Mclean, Fogg and
Southard Of Augusta. Suit was .brot
for 500 which Mr.. Watson claimed
Mr.. Higgins had had since March H.
1922. Mr.. Watson previously owned
the Homested farm ON the road from
Dudley's Corner to MaIhon's Mills.
selling the same to Fred Way, giving