spute was
originally the property of one John Williams. He then made proof of
the death of Williams, and that certain parties were his heirs-at-law;
and produced and proved a deed from these to the plaintiff. This made
what lawyers call a paper title, when the plaintiff rested his case.
For the defendant, Barton said he would produce and prove a deed
from John Williams, junior, only child of Williams, mentioned by the
plaintiff, to the defendant, directly, dated January, 1816, under
which he took possession of the land in January, 1817; and that he
also found a man in possession of the premises, who had possessed and
claimed the land for years, and whose right he purchased. It would
thus appear, whatever might be said of his written title, that he had
complete right by possession, adverse to the plaintiff, for twenty
years.
"You will do well if you sustain that claim," said Kelly,
incredulously.
"I shall labor for your commendation," was Bart's pleasant reply.
The deed was proven, as well as the relationship of John and John,
Jr. Bart also produced a book of the Probate records of Geauga County,
which he said contained a record of the administration of one Hiram
Fowler, which he might want to refer to, for a date, thereafter, and
if the Court would permit, he would refer to, if it became necessary.
He wished the record to be considered in evidence, for what it was
competent to prove.
"Certainly," from the Court, who made a note of it.
He then proved that Cole left Massachusetts early in the spring of
1817, but failed to show when he reached Ohio, whether in 1817, or
1818. One man remembered to have seen Hiram Fowler at work for him
on a tree fence, along the back line of it, during the summer of his
arrival on the land. He also made proof, that at a very early day,
tree fences were about at least three sides of the land, thus forming
a cattle range, and evidencing possession and occupancy. He then
called McConough, of Bainbridge, and men bent eagerly forward to
gaze at the old Indian hunter, who had been a sharp-shooter on the
ill-fated "Lawrence," in Perry's sea fight, off Put-in-Bay, and who
was also with Gen. Harrison at the Thames; a quiet, compact, athletic,
swarthy man, a little dull and taciturn. He said he was first on the
ground in 1810 or 1811, and found a man by the name of Basil Windsor,
who lived in a small cabin by the spring, near which he had then two
small apple trees. He was there again,
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