New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-06-05
Inv Courts.

c,,v- ron r,,r CoEnEcrroN OF ERRoRs-Thursday.
an,hony l. Schoonnaher, By Antho"y CidvsoH ms neH
h ga shn Steely Action OF ejectmeE. in relation to
t,m AZ Msrol-town. Ulster Co Simon Schoonmsker
ss6 in 1927 leaving handsome estate divided among
NJ. children and his grand child His Benjamin was
s,i.ed the property in queson, and other parcels OF
I e,a,e during his natural life He then II ycars
He after wards took possession OF the property
married and had child (Anihouy IL the plainti1 10
this suit In 1892 being then " years OF age ne mac
become debt his interest in the property was seized
uuter execution and sold. the purchaser leasing the
farm 10 Mr. Shecly against whom ibis action OF eject
men, i. brought benjamin. died In l5f0 after which the
fye.eDt action was brought on oshaH OF ns cuiu CHILLI
| iug 10 DE heir TO the estate.
The will OF the grand.fa, under which the claim
was made after specifying certain property says W
have aud bold the said described lots OF sno ana
premises with the appurenances belonging or In any
wi.e pertaining my said son Benjamin during his
psura life and after his decease 70 his heirs and their
| heirs and sstigns forever"
The sui. was originally tried before Judge RugSles at
kingston who decided that the word heirs" precudeo
the from passing and therefore 1t belonged In fee,
1 70 B-rjamIn. Had the will said, TO his children and
/ their heirs" &c. title would have passed 10 palntia
| The Supreme Court under the rule laid down by Lord
Thurow q Dr. Oh. 205, 26 2l9) affirmed the de-
els on and gave judgment for defendant Farther appeal
is made this Court II is con ended that the intention
If the her Of Bensmin was that the latter SHOULD en-
Joy The property during his le and then 1t should pass 10
hi. child or children This is evident from MS having
made the provision In relation 10 al ms cnllnreh
Int In farm he gave his grandson lie passed at once
K TO hin and his heirs 1t contended that will should
construed according the intention Of the testato
YArguueut heard. Decision postponed
John Merchant painnf IN error, VS.. Lyman b. Lang
Rcortsy and others defendants e,ror1hs Is an appeal
nm Justices Court In Monroe Co originally IN relation
Hto horse sold for taxes. The argument was commenced
and the Court Adjourned
l. SUPERIOR CouRr-Before Chief Justice Jones.-Ren-
FJs Tocner Geo. ~ Niss Action TO recover dam
s,e. attorney for alleged illegal directions gwen
10 The sheriff in respect levy. For defence was
commended that the attorney gave directions beyond
what he authorized 10 do. Verdict this forenoon
For plaintiff Mr. Platt. for defendant Mr. Blunt
B.iors Judge Oakey-Srphen Heustis VS. Htitinm
Snuh psinnf keeper OF the Court OF Sessions,
the defendant farmer residing on Long Island some
time light article appeared In the Herald heaceo
Fishing he Tombs, and accusing the keeper OF let
tiny down kettle basket SC from the Sessions bAlco
by the prison kitchen where some person In attend
would nil them with milk beef &c aud the Keeper draw
them up 70 bis own use MIR. Smith took the paper I"
the office Of the Flushing Journal and causeh the article
Ia inserted advertisement paying So to o6Ve 1t
done The plaintiff was acquainted in the neienoor'
hood and 1t 10 ceulended that there some personal
motive In the proceeding which was denied IL ~As
commended by defendant that the article was copied
from another paper he is liable. The Court charged
that the editor OF newspaper, or other person "h"
copie. article from paper about third person
which IL not true. he IL liable the II the article
originated with him. with this difference that where the
person merely copies malice cannot IN general Dc I'M
piled Tho Jury found a verdict for plainiin OF so
For plaintiff Messrs Western and Tamadge foe ceiend
snt Mr. Jas I Brady.
CIRCUIT CouRr.--Reforc Judge Edmonds. Joseph Ro
6nsort vs. Edirard Merritt The parties belong TO New
Rochelle The plaintiff defendant for SANDER In the
latter calling Mr. thief and saying that he stole one
Hairs apples For defeuce 1t was said that the character
ofpainH such not to commend him 10 the iavora-
Die consideration OF jury, aud also that Mr. Hal had
charged hlm with what was stated The Jury ound ior
plaintiff cents damages and costs. For pltii Mr.
Mrsher-for dct Messrs. Case and Graham.
L S. CIRCUIT CoUAr-Beforc Judge Betts.-Ddy vs.
Never Action damages for alleged Infringe
patents for manufacturing India rubber goods al
ready referred This after clear and able charge
rem Judge Belts, who appeared 10 incline 10 an opinion
nfavor OF the validity of plaintiffs patents the Jury re-
turned and will render sealed verdict this afternoon
g.. WIir CrandaH Rich, 4. s. MdrrIq aud Others
This upon Wdcs PateEt for the Salamander Safe
was this morning called on by the pl,a for trial. but the
de affidavit that they were not ready procured 10
he put of I'LL term, and the plt did not obtain trial
as was expected.
CouRr OF COMMON PLEAs.-Bcforc Judge Ulshoefier.-
Jacob D Baker Ed,rdrd g. 7dyior-Acton Of TroNcr by
plaintiff AS assignee John Taylor 10 recover the value
quantity books deposited with defendant TO he bound
but on which he claims lien. Verde, for defendant
Before Judge Day-john s. Gtes vs. Eianet RtSk.-Ac-
ton 10 recover value liquor dtrancd upon for rent At
e5 Dcy st. referred yesterday Verdict for defendant
COUNTY CouRr.-Tho inquiry in relation TO Justice
pl.nker farther proceeded ill., Mr.. Comstock and
other witnesses were examined.
L. s COMMISSIONERS OYrlcE.-Before Com. Alex.
Gardner BOYLE, n seaman Of the ship Matowka.
home by the Consul at Havre charge OF attempt
al revolt examined and acquitted appearing 10 be
personal alteration between him and the second
mate.
Henry Stephens and three other seamcn CHARGED with
endeavorng make revolt board the ship Tuskins
they hav shipped in the vessel for Rotterdam but
after getting the refused 10 go 10 sea on &C
the vessel not having potatoes on board al
though she well supplied with Indian Meal and Rice
examined and committed
A question will arise whether not vessel on going
sea- bound be provided with the article Of potatoes
as part OF her stores
There was considerable excitement opposite the U. S
Court Yesterday, owing b. j. Morrel late mate o! the
brig Mohawk charged sith assault upon the Captain
refusing coach In which intended 10
him TO Kings Co prison, that being desirable for
the prisoner hAn the Tombs BE declared that conspi
is IN existence to take bis O. He finally Quoted
and got into the carriage, saying he dies he submit
10 IL, the time requiring OF the District Attorney
promise that doctors shall his body for dis
section but that It shall be Portsmouth. " H
where he belongs for decen, burial He is apparently
Subscriptions received 10 the Weekly Tribune,
fHuRsoAy. June {.
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