NEWS: Items from the Altoona Sun, November 15, 1872, Blair County, PA

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Altoona Sun, Altoona, Pa., Friday morning, November 15, 1872

Court Proceedings.

  The last case tried on the civil list, for first week, was that of 
John Brotherline vs. Casey Murdock, Richard Levick and Geo. L. Trask.  
Action of ejectment.  The plaintiff claimed title to certain coal 
lands, situated on the Allegheny mountain, near the tunnel, less a 
portion covered by the survey in the name of Valentine Bell.  Plaintiff 
received a deed from one Hannah Clough and husband for the tract to 
controversy, but she had previously sold the same land to defendants.  
Being, at the time the first conveyance was made, a married woman, and 
her husband not joining in the deed, no title passed.  Her first 
husband having died in the meantime, she married a second time, and the 
deed to plaintiff was signed jointly by her husband.  Defendants 
endeavored to prove that plaintiff induced Mrs. Clough to make the deed 
to him by representing that she was only perfecting the former deed 
given by her to defendants.  The amount paid for second deed was $500.  
Jury returned verdict for the plaintiff for the undivided half of the 
land described in the writ, to which defendants take defense, less that 
portion covered by the survey in the name of Valentine Bell.  Said land 
is now valued at from $10,000 to $15,000.  Blair for plaintiff; Calvin 
& Cunningham and Neff & Riley for defendants.
  The civil list for the second week presented an array of fifty-eight 
cases.  Of these three were settled, twenty-two continued, and in 
twenty-one confessions of judgment were had.
  Tuesday being election day, court adjourned over from Monday until 
Wednesday.  Monday was occupied with the Brotherline case, the 
Sheriff's deeds were acknowledged, and Orphans' Court accounts 
confirmed.  At the evening session John Sidlinger was brought before 
the court and sentenced  to pay a fine of $100 and costs of 
prosecution, and undergo an imprisonment in the western penitentiary, 
solitary confinement at labor, for a term of six years and six months.  
Judge Dean prefaced this sentence by a few feeling and appropriate 
remarks, pointing out the immeasurable results of sorrow and affliction 
occasioned by the crime which had been committed, yet endeavored to 
encourage the unfortunate prisoner by the recollection that at the 
expiration of sentence he would be a comparatively young man, and 
enjoined upon him the necessity of cultivating, in future, a life of 
integrity and sobriety.
  Wednesday, Nov. 6. - J. M. Kinports and G. I. Davis vs. Cooper and 
Milliken, garnishee of Cooper & Blackburn - they garnisheed the firm of 
Cooper & Milliken, who owed the firm of Cooper & Blackburn.  Cooper & 
Milliken proved that their indebtedness to the former firm had been 
settled, and that they held no money belonging to the defendants, at 
the time the attachment was served.  Plaintiffs became non suit.  
Milliken for plffs., Landis for deft.
  John W. Bosswell vs. S. H. Smith.  Action trespass on the case.  
Plaintiff claimed that he had been discharged from the employ of the 
P.R.R. Co. on account of false representations made by defendant, but 
being unable to bring witnesses to prove this allegation became non 
suit.  Milliken for plff., Neff & Riley for deft.
  Jacob Bollinger vs. Michael Dominec, et al.  Action sci. ta. sur 
mechanics' lien.  It appears that one Negely had a contract for 
building a Catholic parsonage and gave Mr. Bollinger, the plaintiff, 
the contract for painting the same.  The plaintiff claims that there 
was due him for work and materials furnished at parsonage $116.  Defts. 
averred that Negely gave Bollinger an order on the church for $100, 
which they had paid and were entitled to credit for.  Plaintiff further 
alleged that Negely owed him $48 on an individual account, and that he 
had applied that amount toward liquidating the debt of Negely, and gave 
the church credit with $52, this remainder of the $100, which he 
claimed he had a right to as it was a general order from Negely, and 
that it was the understanding that it was to be so applied.  The defts. 
declared that it was their understanding that the whole amount was to 
be applied to Bollinger's account against the church, and therefore 
claimed credit for the $48 applied to the debt of Negely.  Jury found 
verdict for the plaintiff for $116.41, amount claimed.  Hewit for 
plff., Baldrige for deft.
  Thursday, Nov. 7. - George Port convicted of fornication and 
bastardy, was sentenced to pay the usual amount required by the law for 
such cases made and provided.  Robert Sneath, who plead guilty to 
selling liquor without a license, &c., was sentenced to pay a fine of 
$20 and costs for the first, and $5 and 10 days imprisonment for each 
of the other offenses.
  Russell Bethel and Henry Bethel vs. Geo. Greaser et al.  Action of 
assumpsit.  Defts. counsel confessed judgment for $200, with stay of 
execution for three months.  Hewit for plffs., Cresswell for deft.
  Jacob M. Shoenfelt for use of S. R. Shiffler, now for use of M. J. 
Shiffler vs. Jacob Showalter. Action assumpsit.  This was for an action 
on a promissory note.  Verdict for deft.  Hewit for plff., Baldrige for 
deft.
  Thomas Carland vs. Henry Bell.  Summons case.  Slander.  Plaintiff 
alleged that on the 10th day of February last Bell circulated a report 
that the plaintiff had been closed up by the Sheriff - that his credit 
had been nearly ruined in consequence thereof, and claimed damages to 
the amount of $20,000.  Verdict for deft.  Neff & Riley for plff., 
Blair for deft.
  Friday, Nov. 8. - The remainder of the suits down for trial were 
disposed of this day.  The action of B. F. Rose vs. the Vigilant Fire 
Co. was continued until January term.
  Hamilton McKenzie vs. Samuel Riddle.  Action of ejectment.  Plaintiff 
endeavored to recover about 200 acres of land on Brush Mountain, belong 
to the Robert Elliott survey.  The point in dispute between the parties 
arose from a difference of construction and alleged mistake in the 
agreement to sell.  At the date of the sale, the Riddles only claimed 
up to what is known as the Reed line; but some years afterward they 
discovered there were some 200 acres more in the tract beyond the said 
Reed line and the boundaries were different from what they thought at 
date of sale.  The Court decided that although the agreement was for 
all the land devised to the said Riddle from his father, yet as neither 
party knew anything of this land, nor had it in contemplation at the 
date of sale, that it could not pass, and directed a verdict to be 
entered for defendants.  Blair for plaintiff, Calvin for defts.
  M. Alexander vs. M. McCullough et al.  Action of ejectment.  
Plaintiff claimed title to certain Altoona property, at one time 
belonging to one Peter Lockard.  The said Lockard instituted voluntary 
proceedings in bankruptcy.  While the proceedings were pending, and 
after an assignment had been made, he made a deed of the property in 
controversy to S. M. Woodcock, after which the assignee conveyed the 
same property to M. Alexander.  In the meantime John A. Wright, the 
vendor of Lockard, recovered a conditional verdict in ejectment brought 
to recover balance of purchase money.  This money was not paid by 
Lockard within the time mentioned in verdict and thereby the property 
vested absolutely in Wright, who deeded it to Woodcock, who is the 
vendor of McCullough.  Verdict for plaintiff pro forma - the Court 
reserving decision on points of law submitted.  Blair & Alexander for 
plff., Neff & Riley for defts.
  The time for Argument Court was fixed on Thursday, Dec. 19th, next, 
to continue in session three days.
  Special Court will be held, commencing on Monday, January 6th, to be 
presided over by Judge Mayer.  This Court is called to try cases in 
which Judge Dean gave counsel before he was promoted to the bench.