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Permanent Injunction and Damages Demanded—Both Men Have Gravel for Sale—Another School Case —Claim Suit Filed. (From Friday's Daily.) The fact that Albert Osborne, a prominent farmer living in the north east part of Addison township, has completed arrangements for putting a padlocked gate across a roadway that passes his home and continues sev eral rods farther to a farm of 124 acres owned by William T. Dickman is made the basis for a suit filed in circuit court today by Mr. Dickman. He demands damages of Mr. Osborne and his wife, Mattie Osborne, and asks for a restraining order to pre vent the Osbornes from locking the gate and a permanent injunction to prevent the maintaining of the gate at the point where it has been lo cated by Mr. Osborne or at any other place along the roadway, which the plaintiff asserts is a right of way to and from his lands, Mr. Dickman is represented by M. O. Sullivan and Meike Hack. Mr. Dickman explains in the suit that 24 acres of his land les south and east of Little Blue river and 100 acres north and west and that for fifty years there has been an open roadway leading past the lands now owned by Osbornne and onto the lands now owned by Mr. Dickman, and be cause this has Beer used for more than forty years for that purpose no one had a right to close it against him. As a matter of fact that roadway was at one time a public highway, but it fell into disuse years ago be cause of the improvement of the Shelbyville and Rushville turnpike, being no longer needed regularity by the public after that improvement was needed. The plaintiff alleges that he has fine deposits of gravel on his farm and that he has contracted to sell great quantities of the gravel to the township and county road officials. He avers that he will be unable to fulfill his part of the contract if the outlet from his farm is closed by Mr. Osborne in the manner explained. _ The gravel proposition, attorneys for Mr. Dickman say, is what brought on the trouble between Mr. Dickman and Mr. Osborne, as the latter also has good deposits of gravel on his farm. In order to get in and out from his farm in any other manner than by passing the Osborne property, Mr. Dickman alleges he would have to cross the river, a very inconvenient and at times a highly dangerous proposition. .He urges further that the rental value of his real estate would be diminished $50 per year and the market value of the land de preciated, if Osborne is’ allowed ,to work his will and lock the roadway against him. Another School House Suit. Another school house suit today. If the rate at which such suits are be ing filed keeps up and the plaintiffs win in the cases the county will soon see a great deal of its school prop erty slipping away from it. The school property involved in the cage filed today is the one com monly known as the Jesse Shaw n school in Hendricks township, situat ed a mile and a half east of Bengal. The plaintiffs are James E. and Ern est R. Norris. The school township of Hendricks and the civil township of Hendricks and the trustee, Samuel McClure, are made defendants in the action and the plaintiffs ask that their title in the property be quieted and that they be given immediate possession of the property. The com plaint was prepared by Isley Israel, of this city. The lot on which the ‘school house stands is only half an acre in extent. It is alleged in the complaint that the real estate was conveyed to the township, October 16, 1872, by Mrs. Maria Norris and her husband, Rich ard Norris, with a provision that it ‘should revert to the grantors at any time when the township ceased to use it for school purposes. The suit is based on the allegation that the property has not been used for school purposes since 1912. The complaint also shows that E. L. Davisson was the trustee of Hendricks township at the time the deed was executed. Claim Suit Filed, Mrs. Nora B. Rhodes, of this city, filed in circuit court today a claim against the estate of her mother, the late Mrs. Treacy Ann Baker, and James Coleton, executor of the will
Newspaper Details
Shelbyville Shelby Democrat
Shelbyville, Indiana, US
Thu, Sep 23, 1915
Page 6
Full Page
Clipped by
Cynthia F.
USA 22 Jun 2026
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