Show J Jr JURT r C T i COURT CO URT RI HAS NAS TERM HERE pIpe Li Line voir Case B ded in of Town of Moab l f e extended session of diS curt court wIth Judge DIh oath has been in sessIon presiding day with the probabilIty that I not complete the trial of all allor allor or se eral days yet was as re convened Friday I O n upon Monticello the return of Judge of considerable interest heard and Saturday was that of powell plaintiff vs P F It a d w i n r i a In a w n r i i Grimm chon Mr PO Powell ell sought legal the lands in Moab now m in his hison hison on on the ground of adverse on for the past 20 years or Tile defendant maintained e land was as owned by the estate alter Moore deceased and had been given ghen oer o'er to Mr Powell use during hIS lifetime Wit Wit- for the plaintiff were Mr and C 1 and Mrs Eliza Burr while for the defendant were Mrs MIS Grimm Henry GrImm and Ute Green At the close or of 1 the court ourt took the matter Jars adVisement advisement untIl Monday morn morn- mornAt mornAt At that tIme Judge Woolley hIs decIsIon holding that Jb 11 mUff had made out a good title I e lend land by pos pos- on on and ordering that the plaintiff lie Judgment and decree as prayed Plaintiff was represented by ey Knox Patterson whIle B Hammond appeared for the ce aj 1 dant ant anther her case that attracted consider consider- sal ocal interest involved title to the theIn thein In the Moab city cemetery now led ed by the cement reserVOir and andes andes es of the Moab PIpe Line corn com cornIn In this actIOn the Moab Line company brought SUIt the Town of Moab to compel to gate e the plaintiff y a deed to the land covered reservoir as well ell as a strIP of feet in dImensIOns on all sIdes l 3 tank The plaintiff sought title e Property on the plea of adverse Jon ion as wen well as estoppel Plain Plain- Plaines es as represented by Attorney F B Brid rid nd while the to town n was nef 9 by Attorney Knox Patterson tots es for the plaintiff were ere John Johnn hen n John Jackson H S Rut Rut- and F B Hammond while hIle Mr ge was the only witness for the ant Trial of the case was corn com cornu u afternoon and the took the matter matte 1 under advise t en court convened Monday morn morn- dge Woolley rendered hIS de- de WhICh held for the Town of b The court found that the Moab Line company IS a mere h ensee the land of the Town and order order- hat Judgment and decree be issued avor of the defendant and against plaIntiff for no cause of actIon pt t that the plaintiff may have a U and findings to the effect that tiff Is the owner of the pipe line water reserVOIr situated on the of the plaintiff but is 1 not owner of the land landAl Al the matter of the estate of T G Ger er the petitiOn of Mary Maryi i Wimmer for issuance of letters to her was granted Idea ed no obJectIOn IS filed within statutory time The estate was ed at 1400 I edge Woolley announced the ap- ap of Dale M and W SomervIlle as Jury commis- commis 11 ers en of Grand county for the year r rights ts m upper Pa Pack k creek are ved In a case cae WhICh has occupIed attention of the court all of thIS t This actIOn is a consolidation tw two o one cases of WhICh reopens JJohnson old case tried d in 1898 wherein herein J Johnson n et al aI were the plaintiffs A P F Barber et al aI were the de de- de ts In Iii thIS case Boyd S Ham Ham- Hamp 4 as the successor in interest to toJ Y p Barber was cited into court for J alleged violation of a decree of the thep which adjudicated water rights p rack c creek The other case that d alS S Hammond vs J H John John- et u aI Gl was transferred t to to o Grand u Gl to o h ty oty from San Juan county In this n Mr Hammond seeks to quiet e to what is known as the Barber Barberg 4 g The two cases were consoli- consoli t ted d for trial for the convenience of lit evice and counsel as the same evi- evi ice ce applied to both bothe e water case came before the tart trials Monday morning and its trial s 3 taken fur four days The examina- examina ten n of Witnesses was completed this mOOn and the matter will be sub sub- tied to the court for his decisIon c Hamd evening Attorney F B Ham Ham- ri 1 d is representing the plaintiff Yd d S it Hammond while Attorney B Dalton JohnH is appearing for J H John John- 11 H J 0 14 the Holyoak Andrew Somerville other defendants all of whom ranches in Upper Moab valley own as the Flat Witnesses oYd for the plaintiff included S S Hammond W D Hammond BOYd S Hammond Duane Bar Bar- BarI 4 yes I Reed ed Lance Dale M and Howard Defendants witness witness- Were Ii H urn Merle II H Turner Mrs Lilla Win Win- Urn e Clarence Winbourn Earl Somer- Somer n R L Arville Dal- Dal Johnson 0 Holyoak Lester Burr George son John Holyoak J H John John- Andrew Sam Som- Somerville son Alvie Holyoak and erville The sought to establIsh his rIght to the Bal Barber ber spring under the doctrine of adverse posse possession Sion with evIdence tending to show that he had had exclusive use of the water from the spring for the past seven years or longer The defendants rested their i case the old decree handed in 1898 down by Judge Jacob Johnson Under this decree the court adjudicated adjudicated the waters of Pack creek by giving giving ing the Barber and Smith now owned by Boyd S Hammond and Mrs Ansel all aU waters of the creek three tenths of the tIme while the Flat ranches owned bY the defendants defendants water seven seven- were given the tenths of the Um time The testimony of the defense sought to disprove the claim of the plaintiff that he had had possession of the Baths 1 spring for the past seven years deal of The case a great attention the court room being crowd d crowded ed cd all week Several other ases ses are on the fhe cal cal- calendar calendar for trIal durIng the term and it is probable that court will be in session at least until Saturday S night |