CIRCUIT COURT NOTES
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.