The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-08-19
Supreme COurt-Speclai Terlns
Rafara Iusfica kdmOuda


july Is, 1s49:-DrcsIoss -.aisrander H. Dana IS.
Western ,Eror Of Woodward-whsrs defendant as exc
tiers receives the rents issues and profits
Of real estate he is bound In equity to account for
them, either to a creditor devisee Demurrer to q
bin OF complaint overruled with costs
Scudder and Manning asngnees "a poorhis, and 9TH
rs.-PaintiHs abandoned and lost their claim On the
fund apart for their assgnor for owety OF partition
and cannot maintain suit for that fund against
those Who by their superior diligence obtained prior
lien their fund; Demurrer to bill allowed and bill
dismissed with costs.
THos H. Biakeiy master &c., rs Cuscaden and .adair-
Where money had been loaned by voluntary assoca-
siding officer, such officer upon being expelled from
the fraternity had control such security, and
1t Is not competent for him to release the debtor
release given by him after such expulsion void and
O suit for the money loaned may be brought for the
benefit Of the society In the name Of his successor In
the members Of the society parties to tho suit Do
murrer overruled, with costs.
The American Trust and Banking Company Us Hunt.
Petition for compromise granted.
Crooks 4 Congdor Mcdonnell et ais-Motion to dis
solve injunction staying statute for closure Of mort
Case vs Smith-It is irregular when justice has
refused to grant injunction to apply to another for
nrstSobtaned therefor. An injunction obtained on
bond In the penalty Of only $3.50 v irregular, the rule
S IN s .ns os that
be understood any issue found on them, an injunc
tion cannot be sustained Motion to dissolve injunc-
continuance denied with costs.
Martha Vsorhes rs John Yoorhies Divorce, for adul-
terry granted. Plaintiff to have the custody Of the
children.
Meigs cs Ogden-In voluntary associations, for cha
rtable other purposes the majority have no power
by any act to which all do not assent each associate
Is bound only by his own act. In such association o
bndps only ON those present and asserting to its pas
sage, and they not bound where ID appears,
from the responsive to the b that such officer
did not enter and discharge the duties OF the Of
fee. Bill dismissed. with costs.
Nep York Equitable Insurance Co US. jacob Carpenter
and ofrs-A sale II real estate for taxes made sub.
sequent TO the recording Of mortgage ceases to be
lien upon such estate II the purchaser the tax sale
cmits within elk months to give notice OF the tax sale
to the person holding the mortga deed given on
the sale where such notice has been omitted Is
for the purchaser the sale refusing
complete his purchase Motion for resale At the
expense Of the purchaser granted, with costs.
In the Mater Of Robert Legget, an alleged Lanaiie.-
In the year ls47 writ de Lndiico In9rendo issued in
this matter, to enquire whether Mr.. Leggett of
sound mind, and capable 81 managing his own Affairs,
the to whom the writ directed returnsd that
he was not Of sound mind, wheseupon his wife Mary
Ann Leegott, and his brother, Joseph Lcggctt were
appointed committee Of his person and estate aud they
had him sent to the Lunatc Asylum at Bloomiugdae,
where he remained for some time IL appears that Mr.
Leggett was member Of the order Of Odd Fellows,
and a committee Of that association visited him
several times ut Bloompgdae, and finally came to the
conclusion that he was not insane. Thereupon,
they procured writ of baJsas corpus to issue directed
20 the keeper TO bring him before tse Justice lie
accordingly brought up, and an investigation took
place Physicians were examined on both sides and
the result that IA. removed from the asylum,
and placed in the custody Of referee and the commit
tee ordered to pay certain SUN weekly for his main
tenance The present application Is that he be taken
Il ON the custody Of the referee aud committed to
Boomir gdalefounded upon the aiadavits Of Mrs Leg
gstt several others MRS Leggets affidavit states
amongst other things that since his removal from
Boomir gdale he has been allowed to at large; and
that the 9TH Of the present month no went To his
former residence In Houston street. where she he de-
ponent resided; that, after getting admttsnoo iuto
the house and meeting with his wife he commenced 60
abuse her making VI the most opprobrous
that he shook his fist In her face aud hourshed his
her head that she with difficulty escaped; and that
che believed her life In dagger while he allowed
TO remain at large. The adsyits Of MIR Lcggett and
others were read In reply. MIR Leggetts affidavit adj
mitted that he went TO the house in Hudson street
denied hat he used intended TO auy violence
towards his wife that he there to ask for his
clothing. his books and musical instruments, which
during the interview with his wife, she made
use Of the most provoking language, in order
to excite him to commit q breach Of the peace.
He further stated that the committee had treated him
with great cruelty-that they had detained from him
his clothing his musical Instruments and books, and
that IL was 10 enquire after tbc and TO receive
explanation, he went to Houston street. The other
adavits to some extent corroboratd that Of Mr. Leg
gstt but In other respects were not material His
Honor made order the committee to furnish him
with his clothes his library and musical instruments
that he sbould for the present remain In the custody
Of the Referee, aud reserved his further Ter until nc
had read over the papers.