Deposition of G. W. Saulsberry, read for Pltf., 181 Mr. Dougherty: If your Honor please, I am prepared to concede that he entered into possession, the plaintiff re-took possession in July. The Court: And it is conceded by the plaintiff's counsel that the plaintiff reentered upon the property and took possession July 1st, 1928. Mr. Dougherty: If your Honor please 182 Mr. Scoble: No, I do not want to make that concession, because The Court: You do not have to. The plaintiff is making it. Mr. Scoble: No, because we claim that we never had possession, and he could not re-enter as far as we are concerned. The Court: As far as the plaintiff's claim is concerned, he says he is willing to concede that he entered and took possession 183 of this property July 1st, 1928; so if he is entitled to recover anything from one or both of these defendants he cannot recover after that date. So why go into what happened after the 1st of July, 1928? Mr. Dougherty: Judge, just to clear up my concession, I did not want to pin it to July 1st. I think it is the end of July, when they took possession. The Court: I think your testimony was Deposition of G. W'. Saulsberry, read for Pltf., Cross. 184 185 July 1st; I think the deposition said the 1st of July. That is my opinion. Mr. Dougherty: I don't think so, Judge, but we can check it up. But the letter which he wrote was written July 6th. The Court: All right. Mr. Dougherty: And I think the subsequent deposition will show that there was possession there until the end of July. The Court: All right; then it is conceded here by plaintiff's counsel that plaintiff took possession-re-took possession or took possession, whichever you like-of this property in July, 1928. Mr. Scoble: If your Honor please, we cannot concede that. The Court: I am not asking you to concede anything. The plaintiff concedes it, that is all. Mr. Scoble: The plaintiff concedes that? The Court: Yes. I am not asking you to concede it. That will obviate the necessity of your reading anything after July, 1928, to sustain your point. Why do you not go over that deposition at recess, and make up your mind what you want to read afterwards? I will take a recess until 2:00 o'clock. Recess to 2:00 o'clock P. M. 186 Deposition of G. W. Saulsberry, read for Pltf., Cross. 187 Afternoon session. Deposition of GEORGE W. SAULSBERRY continued : Mr. Scoble: In view of the stipulation on the part of the plaintiff, I will not read in the questions and answers as to possession of the property by the plaintiff after July, 1928, with the proviso, of course, that in doing so we do not admit that the defend- 188 ant Church ever had possession of the property. The Court: That is my understanding of it. Mr. Scoble: I read from page 32, the last question: “Q. You have testified that you owned Block B of State lands referred to in Plaintiff's Exhibit 1, and that you received title to the said property about ten years before the execution of the lease. Did you receive title to Block B of State lands at 189* that time? A. No, that block was not a portion of the original Bryn Mawr property; it was independent property that I bought from the State, and title to it was not acquired at the time the other title was acquired, and that was not intended in my former answer. My former answer had reference to the Bryn Mawr property alone, and this property I acquired from the State since I acquired the other property. “Q. Do you know the date when you acquired Block B? A. The Block B was bought in at an Deposition of G. W'. Saulsberry, read for Pltf., Cross. 190 191 auction sale of land by the State several years ago under contract, and I since acquired the title. The exact date I don't remember. In this connection I would like to state that at the time I made the deal with Mr. Church I did not have the title, but a contract with the State, and agreed with him to pay that out, which I did later.' Mr. Dougherty: If your Honor please, I did not object to these questions until the answer was read, and I don't know whether I am objecting now; but I just want to say this, that as I understand the law the tenant, in a situation like this, cannot attack his landlord's title, and if the purpose here is to show that Mr. Saulsberry did not have title to this property, I then object to the question. The Court: Objection overruled. Mr. Scoble (Reading): “By Mr. Pinkussohn: Q. You did not have the title to what? A. To Block B.' The Court: And Block B is part of the property included in this contract? Mr. Scoble: Yes, sir. “By Mr. Scoble: “Q. You have testified, Mr. Saulsberry, that Mr. Cohen was the agent and representative of. the defendants? A. He so represented himself to 192 me. “Q. Is it not a fact that he acted as a broker for you in the leasing of said lands? A. I think Deposition of G. W'. Saulsberry, read for Pltf., Cross. 193 he might be considered as acting in that capacity for both parties. “Q. Is it not a fact that he represented or was to represent you in collection of rents on account of said lease or agreement? A. No, sir. He requested that payments be made in his office for the purpose that he might retain a certain commission due him under the deal. That was my interpretation of his purpose. He made that request and I consented to it." 194 Page 35: “Q. You have testified, I believe, that Mr. and Mrs. Doran were on the property after January 2nd, 1928. Is it not a fact that they were or had been employes of yours on that land for some time subsequent thereto? “Mr. Pinkussohn: You mean prior to that time? “Mr. Scoble: Yes, prior to that time I should have said. “A. My recollection is they had been there, yes. It was either under a lease through me, which I am inclined to think they had, instead of working for me, and my present recollection is they were operating it under some kind of an agreement—the park, automobile park; it was being used for that as well as a dance floor. “Q. And they were operating the park and the dance floor under an agreement with you? A. Yes, prior to the sale. “Q. And that was prior to January 2nd, 1928? A. No, they were not working for me after 1927. 195 |