Mark W. Haviland

Mark W. Haviland. Courtesy of his great-grandson Allen
Mark W. Haviland. Courtesy of his great-great-grandson Kevin Allec

Mark W. Haviland was one of the many early Honey Lake Valley settlers of the 1850s who remained awhile, then moved on to the proverbial greener pastures. For him that was Paradise Valley, Nevada where he died in 1894.

According to Roop’s Land Register, in November 1856, Haviland filed a claim on the north side of Susan River, along present day Johnstonville Road, at the old Jensen place. Two months later, with the assistance of A.D. Morton, they built one of the first cabins in that district. There is no official record to indicate that he ever proved title to the property, for lack of record indicating the disposition of such.

Haviland, like many others participated in the early day affairs. Of note, Haviland filed one of the first civil lawsuits in the Honey Lake Justice Court of Plumas County, as Lassen County did not exist. Yet, the lawsuit involved an incident that occurred in the Nevada Territory. This, of course, raises the jurisdictional issue, but that was ignored.

What transpired was in November 1860, Haviland rented his wagon and six oxen to J.E, Shearer to haul merchandise to Virginia City. On the toll road between Virginia City and Silver City (described as a steep narrow grade) the wagon and ox team overturned falling over the steep embankment. There was substantial damage to the wagon, and one ox killed and another seriously injured. Haviland sought $150 for the oxen, plus $45 for the remaining balance due to him for the use of the team and wagon.

After two arbitration hearings to settle the dispute over the value of the oxen, Shearer requested a jury trial. On January 19, 1861, a six-member jury panel heard the trial. Testimony was provided by the witnesses, and fellow teamsters familiar with the road, explained the problems associated with the grade and the appraised value of the oxen. The jury rendered a verdict in favor of Haviland, though he was only awarded $120. It was a bad day for Shearer as he had to pay costs of the suit and the jury trial which set him back and additional $85.85.

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