New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-10

| SupeyIor Conrt-Nos. SO, l59, PIT, 239 PAL,
ls9, pa, l4l. 252 25o, 255, 256, s57 go to 267,
| 269 to 2ss.
T. S. District Cou,t.-Nos. 10 to "a
SUPERIOR CouRr,-Before Chief Justice Oak.
| ley-Peter EmbHry Hannah Ayplar and Margd-
| ret Jdcot vs.. James Conner and ITm Z. Conner
| Action of eectment by Mrs. +. and J. and Miss
| A. children OF the late Daniel Aymari to recover
a gore of land on which the building of Messrs
| Conner, corner Ann and Nassau SITS partly stands
| The part claimed is a gore feet inches on n as
sau. st 20 feet inches in length on Ann, aud 10
| feet inch on the westerly end. Plaintiffs, pre-
vious to the opening Of Annst. in 1928, owned
lot 25 feet on Nassau st. "a feet In rear, and To
| feet on Ann-st. 1t was bought by Daniel Aymar
Of Ann White, in 1902, then called part OF the
| Vineyard" for $50 lS7T0) II was then bounded
| on the west by what was called White-st IL
was improved by Mr.. Aymar, and plaintiffs be-
| came entitled to it by devise. The Commission
ers reported in favor of taking the whole lot and
paying the heirs 81, 800. A portion only was re-
auired for widening the street, leaving the gore
now claimed. Mr.. James Conner previous TO the
opening Of the street, owned the adjoining lot on
Nassau st. and the Corporation OF New.York, at
ter the widening of Ann st. sold to Mr.. Conner
this gore for 81 700 and he put up building COW
ering his old lot and the gore, making the corner
Of Ann and Nassau.st That building was burned
down subsequently, the property beng then ana
now in possession of Mr. Van Rensselaer, in trust
for the children of Mrs. Duncan. The present
building was afterward erected, Messrs. Conner
being the lessees
The present suit was brought by plaintiffs. two
or three years ago, in this Court An attempt
was made on that trial to show that the heirs had
assented to the Corporation taking the whole lot,
but the Court held that it was unconstitutional for
| the City to take any more land IN opening or
| widening than was actually necessary, and ex-
cuded the testimony, giving Judgment IN favor OF
| plaintiffs.
The case has been carried to the Court of APP.
| peals, who decided that the testimony showing
| the assent of the heirs should have been admit
| ted, and sent the back Tor new trial as to
that point. There was no warranted deed given,
we understand, by the city, or on the transfer TO
the present holders
| Ii was shown that although the amount had
been received, objection made, at the time,
by Mr.. Embury, acting for the others to the price
| allowed, &c.
| The Judge, in his charge said it has been con-
ceded that Mrs. Jacot is entitled to verdict, be.
| cause being q married woman, she Is not bound
! by the acts of her husband or anybody else. AS
| TO Hannah Aymar it is said she signed receipt
| for the money, and therefore assented, but It IS
| for the Jury to say whether the assent was volun
| tary and with a due sense OF her rights or NOT
| The assent of Mr.. Embury is commanded tor oy
| tba oadov;. pro-oated, subsequent to the time
10y mr.. Slidell, one of the commissioners, but 1t
is urged on the other side, that the affidavit was
| imperfect, &c.
| Smith W. Bullock and Daniel B. Vint0n vs..
| Michael r. Wilson.-The plaintiffs, by Mr. Robert
| II. Shannon, their COUNSEL say that In I647,
| Messrs. b. & w. were charterers OF the bark
Herschell, of Boston, for the purpose OF carrying
| lumber and merchandise between New.York and
Savannah; that they employed Mr.. Wilson as a
| stevedore to stow the cargo, and paid him SIo
| that among the cargo were five bales OF gunny,
| bagging which on account of the bad slowing OF
| the cargo, became damaged, and plaintiffs had to
| pay to the owners at Savannah 500 for said dam
age, and bring q suit to recover OF Mr.. W. as Ste
vedore, the amount.
| MIR. Wilson. by Messrs Tomlinson and w alden,
his counsel denies that he was employed by PLAIN
| tih-that the captain requested him to furnish
| some aborers to assist, which he did, but did not
| act as stevedore, the captain and mate having at
! tended to that and paid Mr.. w. for the aoorers
furnished. He also states that before the vessel
sailed, and was nearly loaded, the captain wished
him to put 300 bbls. potatoes top OF the other
cargo, which he refused to do, and withdrew bis
men.
This was denied, and the claim adhered to,
that Mr. w. was employed as stevedore. There
were twelve bales Of gunny bags, four or five OF
them spoiled, it was said, by oil and potatoes be-
| ing placed ON top of them-the former leaking
| from the casks, and the latter decaying and run
ming on the baggng.
For defense, it was said Mr. w knew nothing
about the storage of the oil, and it was showed
that he refused to place the potatoes in the hold
| Verdict for defendant.
Before Judge Paine-Grace r. Furguson vs..
| James REORGANIZATION for divorce, on the
ground Of ndelity. This is the third trial OF this
| case In each of the other two, the Jury found
for plaintiff. The first verdict which was in De-
cember Is45, was set aside by the Vce.Chancel-
| lor The second trial was set aside by the trans
ferred term of the Seperior Court and the present
| new trial ordered. Mrs. f. it will be remembered,
kept straw hat mandatory. She married DIR.
| +. they both being members of Baptist Church.
! Considerable litigation, it will be recolected has
been had in relation to $4,000 which Mrs. +. had
in the hands ofthe Trustees, and the right to which,
as a husband, Mr.. +. claimed, and that case, we
believe is still undecided. The present claim for
divorce rests on circumstancial testimony as to
personal health and the accusation of n6delity is
denied. To be continued.
US. MARsHAL's OFFICE Charge of Larceny
at Sea-Two individuals, one of them belonging
| TO the packet ship Avetia, from Liverpool, and
the other passenger on board, were arrested and
committed for examination, charged with having
stolen valise the property Of another passenger.
named Levy containing some several hundred dol
lars worth of jewelry, consisting OF watches,
rings, &c.
A seaman named Burke, of the ship Joseph
| Walker, Hoxie, from Liverpool, was complained
of by the Captain for alleged attempt at re.
volt Committed for examination.
COURT OF Common PLEAs-Before Judge Da
Iy.-H0fL VS.. beers O. DOguItb e. dl--AcIlOn IO1
services at the Chrystal, already referred to. The
Jury could not agree, and were discharged
Margaret and Camilla Hunt vs.. Robert w. KeI-
| ly-Plaintifs alege that the stoop Of the house
occupied by Mr.. K, adjoining their property, pro.
jects p feet beyond the line allowed by law. and
they bring action to compel withdrawal Of the
alleged grievance or nuisanse, and to recover
damages for injury sustained thus far. 1t was
contended, for defence that the pleadngs were
imperfect. Plaintiff allowed to ameud on pay.
ment of s32, so as to include, as defendant the
party who built the house.
Isaac CLARK vs. Philip Levy.-To recover for
goods furnished son of Mr.. l.. on the alleged guar
sntee of Mr. L but denied Verdict for plaintiff,