New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-10
LAW COURTS.
CouRr CALrEDAR-Tsis Dgy-CossoS PLEAS
Par, Mos. 954 and even Noe. 10 LOIS.

Tafk L-lfOe. tJf hLI CfOH 49,. ~ ~f~-~'
surERIoR CouRr-Od Braneh-Beiors Judges
Oakley, Pal 9 and Campbel-JGres Pefhtcs and
Susaa, has rtfs, vs.. John HvEey.-This was a
suit Of ejectmenr, nominsly against the tenant 10
recover possession Of house and lot No ITO Mon
roe-st. on the ground Of Mrs. 2. being heir at law
Of the late owner. John Ganter. She clsims ss
daughter OF Samuel Guntef, who was second cousin
10 deceased and the nearest relative in the United
States the said John having been q native Of Eng.
land. Mrs. 2. claims herself and sisters and broth.
ers were the next of hin, and this suit was for her
share. AT the trial it was shown that the property
had been eschested to the State, on the ground
that John Gupter left will heirs and the suit
bruusht BY Mrs p. was defended by the State.
verdict was given in her favor, subject TO the opin
ion of the Court. The case came up yesterday on
Argument MesGs +. Brown and Gerardus Clark
appearing for plaintiff and Mr.. Jordan, late Attor.
ney General, for the State.
Ii was shown on the trial that John Gunter
owned the property in bis lifetime. He died in
ls47 leaving a wife, twho has since also died. bat
no children. Ii was also shown that his father ar
rived in the United States somewhere about the
wear 1897, and that be and Samuel Ii. father OF
Mrs were second cousins, as stated
In the argument it was shown that the line Of de-
scent in this State where there is no Will, IL ls.,
to children and grandchildren I'd, If no descend
ants TO the father of deceased, If living not Sd,
to the mother in fee unless 4 brother or sister, IN
which case to the mother for life, and afterward In
fee 10 the brothers and sisters 4.h, no father or
mother or living, to the brothers and sisters OF de-
ceased or their descendants; 5th, TO, If none OF the
above, to the brothers and SISTERS OF both father
and mother Of deceased. uneas the property came
by the mothers side, in which case she will be
heir for life, instead Of 10 tho IA her should he be
ving-and IL deceased left no brothers and sisters,
and the mother 10 dead 10 the brothers and sisters
of the mother only 9th, where there are none of
the above relations the property will o. divided
according 10 the plan Of the common law, ito male
next OF kin, primogeniture, he
On the part OF the defense it is contended,
principally that Mrs Pethck is bound to show that
there are no other relatives entitled 70 precedence
also that she has not fully brough. herself within
the line of descent, &c. Decision reserved.
In the other branch OF the Court the case OF
ODonaA and CLARK vs. Charles Kelsey on the
question whether the right Of water grant South OF
Atlantic dock, Brooklyn, should be in front OF the
property bounded on the River, or pursue the line
Of the streets which diagonally slanting 10 the
River, ALREADY referred sol IL still on.
MARINE CoURr-Before Judge Cowles.-Geo.
Ross 70. Sarah A. MUer-Mrs A. kept mil.
linery and fancy store in Eighth av. between Thir-
ty.fifth and Thirty. sixth SITS. owned by Mr. X. The
suit is to recover rent from Oct. ls49, to May
1850. Defense, eviction, and also an acceptance
back by the landlord Of the premises As to the
frst, it was shown that Mr.. X. owned lot adioin
ing and employed men in November and subse-
quenty, blasting rock with a view to building,
and that Mrs NJ. was frequently called upon by the
workmen to close her shutters to prevent injury
from q blast. She alleges that the interruption
caused her pecupiary damage, by preventing per-
sons from trading with her The testimony as TO
the point vas contradictory.
As to the surrender, il was shown that MIR. h.
about LIST March, told a sister Of Mrs. NJ. TO send
al. aha IA and fNCa adj n
his house, and next day another tenant took pos
session.
The Court held that the owner had q right TO
build on the lot adoining-there was no evidence
Of damage from the blasting, bat on the contrary
that great had been taken; II Mrs. u. was 10
jured IN her business, it was one OF the risks which
tenants take particularly in new locaton) In the
City Of York, where improvements are Goa.
tinusly going on, and they must expect TO submit
to temporary interruption OF this sort: and when
there are no false or fraudulent Representations
the part Of q landlord, it cannot be deemed an
exacton.
In regard 10 ths surrender and acceptance OF the
premises the Court considers the proof sufficient to
sustain the plea Of SUI render and comes within the
rule established in Hegeman vs.. McArthur. ap-
pealed from this Court. Judgment for plaintiff, de.
Quoting two months after acceptance Of the key
COURT COMMON PLEAs-Beiore Judge Wood
H-Auc Ndbc1 iOiSfo" W. ~
still on
COURT OF GENERAL SEssIoNs--Be ore the Re-
corder and Aid. Morgabs and Smith -Highray
RObbvy-.Wm. Robinson, colored was put on
trial charged with robbery in the first degree, in
having assaulted Mr.. A. B. BussiDg, Of Oae Hun
bred and Forty egh,h.st. on the lsth Of May last,
at lOI in the evening, asd taking from his person
gold watch and chain. The prisoner was arrested
on the cath Of May with the watch in bis posses
sion He offered DO defense. The Jury rendered
a verdict Of guilty, and the Court sentenced him TO
the State Prison for fifteen years.
FOhe Pretenses-Peter w. Adams and Emery
Matthews were placed on trial charged with OBJ
tanning Ella by false pretenses from David Mat
tbews, an emigrant, on the 27th Of Mfy last The
indictment charged that the prisoners gave com.
plainsn Mt ticket which vas TO secure him passage
to Cincnp ati, bat which proved to be insufficient
for that purpose. There being variance between
the proof and the Indictment the jury found yer
dict Of acquttal-a new indictment being necessary
before the prisoners can be convicted.
Plea of Guaty John Kennedy, boy, pleaded
guilty TO grand larceny, aod was sentenced to the
House Of Refuge. Adjourned.