NEWS: Items from the Altoona Sun, November 15, 1872, Blair County, PA Contributed for use in the USGenWeb Archives by JRB Copyright 2009. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/pa/blair/ _________________________________________ 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.