The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-06-02
SuPrem o Court.
GENERAL. TERM.

land for the benrt OF those Interested s good wit
ness between two claimants Of the land, she bsng
merely sskebsider and entitled to fe her compsint
OF interpleader between them. Motion to set aside
SspAtn c. Phlipsps Wiiism Bwger The ru,- that
specific performance will not be decreed OF contract
respecting goods action limited to cases
where compensation In damages would furnish
complete and estisfsctory remedy specific per-
fonspce OF personal contract viii BE- enforced .here
the party wants the thing IN specie, and no cannot
otherwise be compensated where award Of damages
would not put him In situation beneficial as n the
agreement were specifically performed, whore com-
pentson In dsmsg would a ,hoct OF the redress to
which he Is entitbsd Tho remedy of specific perform
ence being mutual and reciprocal IL the party agree
ing 10 sell artslo would be boead to perform spe
cifcally he sVmpe the other party TO pay, not
withstandDg that decree in his favor would be
nothing more than u verdict and judgment ut law.
Decree of special tarm affirmed with cosss
The SIN Mutual Insurance Company es. the City Of
New fWk-Mutu-, insurance panies are lie BILE 30
taxation their capital the same other moneyed
corporations such capital consists, in the first in
stance, of such amount OF premiums by their
Of Incorporation s1sy required To have subscribed
before commencirs, business, and aHerward of srsh
sums they may accumulate from premiums earned,
and other sources Of prohts. and which ia used by
them capital in the business OF insurance Order OF
special term reversed snd the nnstion restrsinisg
the defendants from collecting the tax assessed
plaintiffs, Dissolved with costa
Jacob .2eker, ShSST. Susan Esaysyd.-Where n
Sheriff having In his hands an execution against
person occupying premises ss tenant before sale,
receives notice from tho landlord of rent in arrVar,
Court out Of which the ution issued will not be
bar to sut by the landlord for tao amount Of such
tenant sdmit that certain sum d due TO the anierd,
the therf cannot discharge himself from liability TO
tho landlord by paying the money into court in suit
to which such landlord is not party. judgment Of
New York Common Pleas affirmed
Joseph Du7rs omd others .dson 7Hompssn and
others.-A volaatary conveyance will not be set aside
the applies OF the granters the ground that
they ignorant Of its legal eject and operation and
made mistake In point OF lsx Courts do relieve
parties their and deeds fairly done full
knowledge of the facts, though done under mistake
OF the Law. This rule prevails in all eases OF compro
mi sAf do tu and han m Af
ed rights ard especially cases OF family arrange
msnts bak 10 relaxed whore there is total igno-
Of title founded on. the mistake Of plain and
settled prn eiple Of law, and In q imposition,
Misrepresentation, undrs inhunnco, misplaced co2A
deDoe or surprise 1t IL not TO be regarded we'll set
tied that any legal sufficient sustain devise
convey 90 tru3tse Of estate arate
with sash trust without reference to the illegal trusts
pted TO be crcstsd in the estate and that
trusts VI personal property Suspension OF the abso
luis Ownership 81 pert Illegally Will nos necessarily
render void the cf the redus The statute
In TO be allowed to work the destruction Of the
Legal parts only when they would af necessity uphold
ths illegal parts with them Deessc OF special term AZ
w,lisns c. Hs:xessd snd ottSvs The Cifs Of
fsW i@k.-wh here the defendants were authorised
by Of thu Legislature to take certain lsnd pri
vste property for the public pnrpose Of aims hsu.e,
end upon paying the value, we're To bc seized N fec
and received by tbs owner the defendants wore nm
tber,s.a ~i... nos~.Ia ,as pubic no icnser re-
quired the snds. TO sell them as their rrorerty
and apply tAe avails to their ass, and ths hsirs
of the original owner di4 not on tAs Abandonment OF
y
they revert TO such h,rs Complaint u,msseJ with
| eosts.
| Chsris, M Guild, IA L.,ris Rocer,-The act sbo-
hslins distrsss for rent which took effect the "a
of JSps Iss6. rendsrs distress In July 1s46 for rent
due on Tho lst Of May previous, unlawful where the
rght TO disrain wes not stipulated for In tho lease
and formed part of the contract Of letting. The
se in such cass meriy took away sremedy and. in
respect impaired the contract that IL lon Il open
Dc enforced ~ suit At law like all othcr contracts
for the psyI.nt Of Honey The &C, bas done nothing
more Than esapse the remedy aud = hs,io to no con
far n. tnti IL.
mufrer with the usual Law 20 amend
John Peace end others, Darrd &. Golden and oilers
-Nhrrr simultaneously with lease. an aSresmont IL
made ~hereby the landlord siipaaes thar vt the end
OF tte term lie will renew TIE lease psy for the
bufldings and at the end Of tho term, tVuters
ne.a ~hch tse tensnt refuses so receive thu land
lord IL ented TO retain possession without paying for
tho buildings, Maerc tho land in question has On II
house occupied by Several tonAns who occupy dlt-
ierent spari nents they are Joint occupants ~ the
land tbd dsy b. proceeded against jointly defhd
ants sudpinent ~ sup. rio1 Court affirmed.
esorgs " P'an 80 Mary et,rarf-hn assessment
or lsy'ng curb and gutter stones which IL srsquired
by law To b cortined by the assessors o the Common
,t Guy ~h'on nor a,sn,' oJ ans =
bos 'snd h 10" q, An ass.ssmtst in sucn case upon
tho" estste u All Instead ot BONG upon ths owner
or rcceupaLt hy Lane, "a MOI 'aid' judgment Of sn'
.ferahaia " Lursier. - John SnBsn.- The writ Of
.rrcr Involving oliy the Prorriety II The Common
Pleas refusing % st ABIDE report " referees ques
tons fftct judgmspt afHfmed.
jams Ipn.h ens IFVs Peter r. Iitirgsicn-A
COMMISSIONS q deeds, n taking an acknowiedgmon
Juichly ard u IL not theElforo any valid Oblec ti0n
70 ls act that Ae r-- b. tnr rartiss The c0un:y
clerk IN @..iiyirg 60 the Official Of the commits
fioner nd tho ~ nurruess Of hts signature a.o acs
in..stlly and that act may be performed by dspu.
~ Il l. ing n,Ither judicial act Bor ono peraonai TO
himsclf A deed net good ~ n Ien-e aud release by
reason that the granite T. not in poses-ion nor valid
rov,nant 60 stend seized TO uses because there IL
no confederation Of blood and marriage between the
oovenantor and covenantec may vt be rood "a bar.
gsp and tsie notvihstandng The granting words are
srcmsu release and Quit ella M N ther, A. n pecuni-
afy CONFEDERATION expressed in tho deed and there s
an evident intention TO convey 4. p..s.i The whole
estate Of the grsntor Judgement for def-rd.u mt ON a
bill of exceptions
Jor,,b h Nr,,. r., rr,r, Mutual Ia, IL tn, ot,e.
tInn that a un.mous "a The menerturpt Of n suit
was not rYcrrlv ssry,J A NOT availshle n. ausver
or demurrer tnt oniv ON motion 10 at ~. rce
ingv a,icc The rneani,r Of an. lans1sga ~ b. c,a
allowing IL 20 le t-t IN ss defence nat the court
hss no urisdcton of The prr.on 4. that tbe cs,s,
Is mot subject 10 n, urIsIetop Of ~. cort , ~,
h,'cin.l ,yto... b.s bfop ,,nrro,e,iy sa,r.j 80
ditpisr.d Win leave Tor tLrl,tepasnt to s,sw, an
49,. .erifs az u,,ta.n. ~ se.ts "
Ie-..i n
in,,, !, !. 49,, 80 49, ~ ~ ','', ~ '.e.'s
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