New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-09-30
Dcci-Ion, in Chnncery.

Hon Lewis IL ssndto?d. hs,stan, Wee. Chancellor
September 2o-ThOmas L. Wells, the Trustees Of Jesse I'M,
0tfeTsNurray Hoffman for complalnanls D A root Tor
defendants-Uecided thai Inc mortgage and decree OF The
Washington Insurance Company against The DGtches Col
ton Factory the irst lien AMI valid in October 1873
Whole recovery goes 70 Mrs Dyetts Children, MA.
PEI q Brotr-lcr0ss su!t)E Sandtord for complainant
Draper A. aderhill and 4 L. Jordan Tor Brown i pc
nshed or advanced BY Brown to Draper on which tho
Lewis Co. Bank judgments were assigned te DraPer
Draper 10 usual decree FOR his debt and his costs OF
both quits creditor In the hrst suit Cross Dill dis
missed, without costs, except as above
James dnes, reeeissr, &C. ~ Gsorss W {, Esaen a.a
Matthias Bruen and H. aud <. NJ Bnlen n. d. Filing,
wood for G. w Bruen and the heirs OF T. H. smith ana
for r. : Williams Decided that all the debts OF L. H.
Smith Son. winch NJ Btuen held in trust Smith reH!
estate, and the chip Maria and her cargo from CANON
estate before ls3l-That he om hencciorth irus
the real for Smiths heirs and deyis"es and
the subsequent titles to the same procured ny ana
foreclosures enured for their benefit The titles held by
Il A NJ. Brueu acquired without consideration,
and must share the same fate All the lands anu ic pro
ceeds be accounted for 10 SmllLs esate.-Ihel
T. r. Smith, his death, was indebted IN more lhsn
100000 Smith Son, and that NM BY means Of the
COMPROMISE of lis debts has 4 surpus-Thst g. w. Bruen,
creditor OF Smiths estate IN respect OF his debt 70 me
hrn was entitled have oneh half OF at debt paid out OF
the estate OF Smith in hands OF the Buens and the
heirs aud deylsees OF Smith and o. W. B'uens r!ght
passed the receiver in the creditors sent against him.
That Smiths estate Is credited with the hnn the
S2oo paid the United States on the compromise
oil IN. large debt OF Smith Son but ~ Brien Is not 20
be credited for his claims against the Government on that
occaslonrhat the releases from smiths helrs 10 M ana
A. III Bruen do affect the compliments case and o.,
themselves the releases being without consdefs
ton. Smiths heirs may compel the Brnens 10 apply What
their hands the discharge OF Smiths debt ~ g. w
B.uep the exoneraiion OF tine property which NJ Brusn
gave up to the heirs. NJ Brl-u be allowed liberal
for his services in the Government compromise,
commission Of the NariEs cargo, and his dsourse
nents, with al other reasonable allowances
Accounts directed Win great variety oil deia between
NJ Bren and Smiths estate; VI. Bruen and Smith Son
Smiths and g. w Bnien OF the concerns of Smith
Son; and G. W Bruen with Smiths estate as executor
and between Smith < Son, and g. W. and IL BTuen A
receiver ordered of the effects OF Smith, and Ot SnG
Son. in the hands OF NJ Bisn, aud II. A NJ bfuen and
o. w Brueu executor and injunction against us
disposal Decree be entered as OF day pnor 70 VI
BrIen's DEATH
D. L1cyi Receiver Of " 4 Trust and Bo'En's C9mpcny,
vs. De Lray r Co; g. y. Titus ard E. Saadfort for con-
p!anants; C. g. Moore and F. B. Cutting for defendants
Decided that the transactions OF anuary oh and ION lo3
we're loans Of the defendants credit and sales Of bills of
exchange ard the GsCous and void. The sub
seqiept operations mere renewals Of those, and
were equally void. Complainant receiver !s borrow
err within the meaning Of the usury If 1884, AID IS
Tried 10 have the securities held BY the defendants for the
I05 80 $500 francs still claimed by them, 10 be given up
70 h!r But he Is entitled recover back what has
been paid the loans Defendants 70 deliver 10 com
olarat the Arkansas stocks and the Yates Trust bonds
and 20 pay the costs Of -uit-
Assistant Vice Chancellor SANFORD announced that he
had decided all the which had been argued be-
fore him. except one which some motions pending pre-
vented hin from taking up, and He parties stipulated that
-hO1ld not be- decided. he also stated thai Friday
next, ne peced the duties Of ice Chancellor
his stated Monday For the pre-
sent hi chambers VIII De The y!ce Chanceors Court
Friday, and Monday commences his term a. Assistant
Vice Chancellor