New-York daily tribune., 1842-10-27


WEDNESDAY, October 26.
VICE CHANcELLoR's CoURr.--Before Vice
Chancellor McCoun.
Observation-Disclosures Mott vs. James Wakley DIR.
Mott held mortgage property belonging TO defendant
Mr.. Nathaniel Smith also judgement creditor Of
wakley and bought the equity Of redemption of the pro.
pery at Sherif's SALE The mortgage was forecosed,
and sale OF the property took place at the Merchants Ex
change when Dr. Mott declared TO be purchaser, Civ
ing but $50 for whats said to be worth S60o0 aud which
brings yearly rent of 1000. Mr. Smith ip,
petliouiDg that the sale be reopened, grounding his
claim on the following circumstances: He attended The
sale at the Exchange accompanied by friend. (Mr Ma
dad Plat the latter being provided with funds to meet
requirements He bid $oO5 for the property, when Mr. e.
A. Bancker Ia defendant came TO him anti asked What
he bidding high for said he would ruin The old man.
(meaning Mr.. walkey, and called him aside; when Mr.
Smith told Bancker that all he wanted secure his
debt; aud concluded between them that ne Smih)
Should bid higher that his debt would be settled within
fifteen days, when Walkey should have the advantage OF
his bid. The terms OF sale had been 10 cent down. but
Mr Bancker told Smith that money would be required
and the latter allowed Mr. Plat go away. The property
was then struck off TO Mr.. Smith for the 1905 when the
Master in Chancery John A. Sdel, Esq demanded the
10 per cent Mr. Smith stated the manner in which he
situated and offered give check for the amount; but
the Master would receive thing but the cash. and
Instantly ordered the property TO be put refusing
Mr. Smith permission again to bid son OF Dr. Mott was
in attendance and the property was struck of to Dr. Mott
for 81 $50, as already stated
The Vice Chancellor in giving bis opinion alluded 10
the vast disparity he value Of the property and the price
for which was sold The sale Of property lie said, at
clancery sale no bar 10 lis validity; and mortgage has
an equal rig. 18th ote buy and obtain title, provided
Ler. are no attending the sale which permit
petition e-openin being entertained by the Court
TIE Vice Chancellor then alluded 10 cases in point pdrcu
arly in 10Th Wendell He said that where property passed
10 third bands the policy OF the Court would be dis
,urb sale unless fraud were shown. In the present case,
however, where the property purchased by the
sagee and the parties Interested could show that larger
price might have been obtained justice all parties author
lied thai the sale should be reopcned.
Ordered that the sale Mr.. Smith for 5O05 should be
consuulated thus enabling Dr. Mott and the other
ors 10 obtain what due taen. [The property
the Of Hous,onstreet and Avenue A. and includes
several good buildngs.]
Police EOFFIcE.-STEALINGC CLoTH.-Two well
known thieves, named Patrick Regan and John Donohoe
were arrested this morning by officer B. r. Parker, with
large piece dark brown cloth their possession
evidently stolen for which IN owner wanted the Police
Office.
STOLEN BANK BrI--A frail female named Lucy Titus
i. day arrested by officer Driker with 800 bill of
the Bank OF NewYok in her possession evidently stolen
her statements concerning her possession Of very
confused and contradictory she at first denying that she
had it, She was conmltted for examination,
of the bill Is wanled.
AxLErREE SroLEN.-A noted thief was arrested by ot-
Ger Alexander Parker of The Upper Police having his
possession very strong iron axeiree, supposed to have
been made for Omnibus, and evidently stolen. lie was
commie, an,i an owner is wanted the Upper Police
Orcr.
STEALING CLoAR.-A colored waiter named refry
Harrison, in The employ OF William Carleton, No bow
ing Green arrested for having the 25d inst stolen
cloth cloak worth s25, from bis employer. which ne
pledged. The ciak recovered, and he was eon''ei
10 answer.
CoRosER's OFyicE--HEMoRRAGE OF THE
LuNcs-The Coroner held an inquest ,oay al aso. o.
90 -, ho,,s of John Kendall. colofed Elah,
native of Virginia aged 50 years Verdict died by hen'oTr
hage from the lungs
u The rapid uaeeasng change Of novelties made at
the American Museum keep ihat ''an'shiehs mtonged
wilh yl.iiers day and night
r The New-York Museum rises rapidly in public favor.
The performances presented afford infinite delight 10 II
.nn.1nrs yisrrs SIR Nes the wonder OF the world"
,nnsars Mr. Collins, The Comic Singer Mrs Philips, the
much admired sonsdressi Mr. Dearue, the mimic; Mr..
Wrighi the asetto vocalist and Master Young the wire
yonnle The admission To the whole being oniy
shilling.