The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-17

their constituents - to what kind Of decisi0ns they will
make in suits brought fths recovery Of rent Let us
see how this system will work.
Before closing, permit to call your attention to the
fact tina the 7. Epsninx Esprsss Of Tuesday last,
copied almost verbatim my remarks upon the probable
course and known views OF Gov. Young the antrent
question and the s readers a. original
editorial matter without the usual courtesy Of crednr
either tho Herald or its correspondent
Vice Chancellsrs Court.
Before Anthony Robertson assistant Vice Chancellor
vvor, in charge Of l.9xay on personal and real
estate and the executors and devsees personally the
psI'cna estate and the executors nst responsible
aud then the land aud is at most but simple contract
debt and may be discharged by bond If sgreeA to be
taken in payments the acknowledgment Of the re.
and discharged the personal liability Of the executors
ard with it the lien On the land The bill to DO dismissed
with costs Of p owing the receipt and bond.
stephen Husstis ct al o. Funny smith at al admir-.
end ehs-The requision Of the statute directing the
sale oy the Of %srsagsd premises when con
il fully complied with by selling in parcel that which
reputsd to be farm At the time of the execution
from meadow or woodland by the distance Of mile,
upwards That the testimony in this sufncisntly
premises continuing ons farm ami tho sale was there
fore regular That an agreement that the complanants
decree any specific performance TIA, any equities ap
pearng from the testimony cannot be enforced, unless
founded on allegations contained In the bill. The bill
James a Bsrtus Fitzgerald Tls1nl, and others.-
The bill confirms the sale to the defendant Bailey, but
the defendants Tisdal and Hickman. Held that sale
by partners of partnership assets and division Of pro-
cseds and application of their separate interest to pay
ment Of individual debts is not fraudulent of itself
against partnership creditors that such creditor
only reach where uartnsr dsents
and his lien is established by filing his bill That the
debt from Hickmen to Bailey 10 proved to have been
debtors Of debtor The bill to be dismissed with costs
costs OF the defendant Hickman to be credited on the
judgment
Giouuernexr n Wikins ps Isaac De Forest ct al--On
decree for account the calling for discovery Of the
disposition Of partnership assets and account does not
prevent the complainant from introducing fresh proof be-
fore the mastsr tho reference him to take the &C
count The books Of the partnership not required
be produced matter Of but Is comfortable
by the discretion of the master. References ordered &C.
corjingly.
Garry M Peek o. J.hn Fisher Where the time and
manner Of holding lands and the terms of occupation
settled, and nothing remains to be ascertained done
before the right Of possession is to under
agreement 1t 10 to be considered present lease and
not agreement to execute future one. The words
II will let" not future the instrument forth in the
applying to this The possession of the complain
ant was perfectly consistent with this lease, and
new lease fhc substuted agreement, If any such was
part performance shnwn. Sill dismissed with costs.
An assignment Of future properly to be is valid
in equity though not at laws the assignment: in this
in action having his rights fully protected at law with
out some act of hndrance on the part Of the assgnor
coMusi0n Des~cSn n.m sno sne oe9tor cannot ME Dali
70 the comptroe. Of the city who only authorized to
adjust the i.sms Of accounts. was not sufficient notice
notice Is .usns in regard to SUCH an ass9nmsns Of
future acquisitions whether bill must not 30 nlsd to
estsoiisn sne nen BIZ DISMISSED win costs.
Psfer Schermerhorn and sfAers rs he Mayor &C. New
York and others Where pier is not built land be-
longing 10 the city the CITY 10 NOT vested win any inte
rest in unless for tho purposes Of highway, until
after the failure OF the of lots opposite such piers
10 MAKE the same, alter proper notice, and even the
Ilsnt 81 ,ae Scrpo,sueT NJ Only ,ne wnansge and
the soil under water in front Of his land is not strictly
laws to grant such soil whenever considered for tho
Rupc inerest 20 nave ~ maze lana soove water, ana
such policy. That the complainant having received
wnaaee icr ysa On 'ne ono Of .ne pier a. ior
mery pull gssa' from .ne corporau1n when sney
ration have no rgnt 70 order the extension OF pier orr
ginaliy built eitner undsr Pre,ence OF enarxing slip
Or othcrwne tAat.i tney had, tne nouce IN TINS
case was irregular being TO the owners OF the easerly
nan Oh the per Instead OF ios on oou'1 Ieet, 9ppons
out authority that the conplainants having right to
me Wharfage az .ne enc ene WAR, are entitled 70 CON
sider the ruetns a. IN scciaenai increment 70 their
pier 10 the Wnsriafo Arising from wmcn tncy are en-
tlsd Ihere must DC terpesuaI nJuncuoh against the
corporation, resIaping mem rom ln'enenng win the
cree against them Tor costs.
Withom Ian HOOK ana ofhers, Errs' &c, o. Samut
ID hoMot"e a"e NC 'n.1" VI pel1 nomalno .ne
msrgaaor does NOT appear 70 nave oeen deprived OF
reason 80 az 10 make ms contracts voIs AZ me me o. ex
senunE sne morgsse IN qus"on INA, MS nostiy 70
MS VIE appears 10 nave psen mere moLa mani, OF tne
anecuve powers WHOM oIu NOT leaSn ms ,nsencctusI
powers LOT twenyy yeaIs ana up~sros .nat MS views
on two other subjects, thosEh exIavagant were not the
resut OF any msnisi ueiuson .na, VAC k1el srsns
from me Ioss " IA, l.ner w .lsnlJ
.nan ana r 5sh, h. NJ, ,sd
quesuon tnst .ns .enns uson.y nsu nor .moun'ea "
aDsolu'e Ihespseiy ,Iaa ie vo.so wss s"P{ "
oor,o" "eney :. W W appvP,is.u su w
tuaiiy appropriated ny m" ioL iai'hoi PuTPoses anu