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Circuit Court Notes

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The Fohey vs. Toledo Ice Company Ejectment

Case on Trial This Afternoon

The ejectment case of Archibald Mc-

Nichol vs. Lucy D. S. Parker carne to

a sudden termination in the circuit

court yesterday afternoon, a verdict be-

ing ordered for the defendant by the

court. An order was made giving the

plaintiff 20 days in which to move for

a new trial.

This morning the cases of L. L.

James vs. Zenas Sweet et al., Edward

Croarkin vs. Zenas Sweet et al., Pat-

rick Sloan vs. Zenas Sweet et al., were

continued on application of defendant

upon the payment of $5 term fees.

The court then took up the case of

Philip Fohey vs. the Toledo Ice Co.

This is a case in ejectment. Accord-

ing to the plaintiff's testimony, he

purchased a farm adjoining Whitmore

Lake in 1884. A certain piece of his

land, along the lake shore, 12 or 14

rods wide and 50 or 60 rods long which

he supposed was covered by his deed

he discovered some years later was not

included. He, however, considered it

as belonging to the land and cut wood

on it and exercised full control over it

without let or hindrance from any one

up to Oct. or Nov., 1897. About that

time the Toledo Ice Co. commenced to

build a railroad on the land. He

warned the company to cease work as

the land belonged to him. Work was

stopped for a time but was later re-

sumed the track being completed across

the land in spite oi the objections of

plaintiff. The Ice Co also built a shute

for ice on the land and a watch house.

The suit is brought to compel the Ice

Co. to vacate the property.