New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-10-04

creditors parss and soes not show that plsius se<
.o.s o. me sii hled Tor them sod a. thai she.s %
ssce'sn eu Of the legal hs saa specific liens cad In
The prophet, objection, VIII b. hes, uaasroo<
b Considering the rssis Of the pisnif widow.
The plaintiff Is toe owner IN eonnoo With the other hss
Of acton Sc; forth In the complaint Hsvtss shas
Of action she Is "a tited to q partition Of thsso
ana to have tie s. made f-e nom s eus % tia, Dc
purchasers Obtain perfect title to the prosssv lie
sale to be made has been used 70 make dsesdaae Of "a
peons hsvrs ten on the shoe property OF 90 saD
Undivided share BY mortssse ether spscc ea 90 ey
ocrent decree and 10 the amount due to $3.50
s~srd more Try any fast contested By the
pIues 0R So Us 81 IL the dscesss5 len dee0
Court inquire whether III. personal estate wss sdsqss
topay toe that the purchaeg might be protecfsd Al
sna sesments add mo;ssses were paid out OF The
PSe.s ~ toe saes they formed lien on the esfafe,
wnetne, the unsecured debts did or not II the plaintiff
sse ns snen que on office. ssd IL
rste fhs accuracy OF tie statement they did az and the
question could 30 deteruoed BY reference or an ssuss
ordered BY the Court to he tiled; and nov the Court Co
still order such Iefefence usdsr It's power orSes ous
when the kpg account shah Be Necessary Coz ths L.
10 ohlscti,a than Il ssrnsrly shsk
the dten' defrn'snt do their ssch
udsmes. for o. sssns, one or more OF several psin si
tor against more OF several defsndantA end
sst~es the u.slSe. Gods s!7s xlth aS sS.ittsi y
the deencsnfs DO done where des-odsat hes sspesS
lien, OF general BY Judgment or deerse hts Gle IN meg
be disputed By any Of HE Defendants By the pasts
and the invest cation OF that claim involves IN ioqatry
into made 10 him aud moneys received cad pe1
cut BY him otherwise thai woaN
be objection s being doae ia the osan suit ossssse
the len is 10 b. paid and that involves the question Of the
Of them very implicated may arise in sscsrtatna0
the amount due lien In rsftitioa suit does nOt
mai il more improper TO make the olier OF thM nea
party than IL the could BE- ss.sioed nply BY ts
endorsements the bond, does the exam,nat,on 81
scsount Of receipts ard expes dures OF ons ae =
nj
fact Of the extent OF has lien, make is more imcscp -
male such lien holder thsn II the smoont de- o.
such lien could DO s~ertsned by examination Of bcud
and receipts only. These inquiries ell incidents to the
Of action the Ownership Of spds In end
10 tho right have that land sold free from
and to baye the membranes made parties to eject this
purpose.
would have lien the proceeds Of sale whether the
would allow the to be dstrioutes without
%s@ sdw.s. cR
here the wdow elaine not creditor ct args but o. hav
who held hen. oy and for tsSes ana ssssssmsns
all speci ia liens the esse She claims the right 70 b
sab osss in the place those who orse held these lissa
ard that she 10 emit cd TO the lions she uecee
party dow-ress and when 20 Get forth
the full grounds OF her claims sbs will be entitled to de-
thai the debt Justly due to her but ths, she l. to 10 suSro
gated to tie rshs ofthe former lien holders that b
done on the reference as TO e and liens BY special astsuc
The pspth has an interest in having all sns the
tate oisch.s-d She or her eaa,s hsble for proper
floral part u the debts OF the estate AMI she has rht to
have scefsped 10 this action what 10 the smouot OF an
Of hose oebs far they efest any OF thscs
rSs or lersefa OF them For this reason o.
though creditor herself she interested Ia favssa the
creditors patio and In having Dc ermnsd no much cash d
the defendants well herself should way Of the des-
and 10, that our soss lug In the credto
but must bEirg In all the heirs at law.
JolnJ Arcula'ius ast Arthur and wis.
This IL an sc,ou for an alleged Islander the part OF the
wfe In saying you ne thief and you stole the iron
from nv sste 10 the answer II Is svened that the wods
that the pap secretly took tho iroo, and on he
speaking TO him about IT, he denied It. said IL was hss, sae
thai she he'd aud In the excitement In answeros she SAD
what stated The an'h demurs TO thu answsf besuse
Tn. Cor held that the ans YER would be intended
bar 10 the action ss evid-ntly t defendant howevcf
has rght 10 ell the tscts whish can 60 In mgsuon
may amend her payment OF $40 coste
Robert ytes sst. q. D.. Hicks AMI w 5 Bailey.
Demurrer because complaint does no. say whether the
tale and lo,n tor cash cedlt. compsint, tho
Court remarked sufficient coptiins stssment OF tina
facts constituting the cause OF action but demurrer
lowed II it does Code ca? IA subd 81 but not a.
lowed fro m went Of sormthe sredy Code slOc
bv ion to the Court make II dein,ts 10
Judgement for until wi s5 costs II noticed more THAI
" Ha,,YsS MAKO and anotier ,spn.t Dsyids Aianci.
Action which the calendar damages for 81
legged false and fraudulent by dsfeadsat
1872 OF bis brother be worthy ofcr.dt and out HsD
on OF ghch ommeDdation plaot sold tho broth
en- 90 credit goods 10 the amount Of S ii
brother as at the time iDsoyenf Nc. The psssat sur
Elemental complaint in whcs p,antih says bis then par
ner hr BnNon Is Dead that be s entitled s.'aryi w
partner to DO permitted soey 70 carry on the suit aud s
| 10 be allowed tn do 90. Defendant denms slesios the
peintt IN the supplementary complaint us nos set fot
facts enopaS TO he had, In the orsnal salt goo
OF action. The Cont considers 10 not
to do sO-e the issue the right OF the osinth
vyor Ift BE- decided that hs has such sh then defend
up defense Ia the orsDsl sction conssten
with the pesdinss already In, &c Demurrer overaled
with costs.
Peter coatani aud wife against C. wa.hip and others
Daniel Win.bp, by will msde In 1870 directed that la
real estate should connns 10 be rented kept In ,s "a
and the proceeds paid half yearly equally between his egs
CHILDREN or the children Of any dJos ard tina, when Ia
last Of the eight children died the should be equally
divided the heirs OF said children There be
sides this certain lessces SC One OF the eight childrsl
st the time deceased, leaving oa'pIius and th, vii
provided the share 20 the children Another OF ths
eight o'd before Mr. W. Proceeding have been had In 20
ls,ioD TO the will
The Court in n, decision said the will provided for eth.
lives where's the lay allow, bu. too IL II, thsrsfors
wholly void I'm ~orded that il could be carried iats
e afer Of tie hyes IL could probably DO rstaaed
certain extent but such IL not the and thu VII ole
devise void and the devised property must be divided
II - ssor had died intesiae 1hoss 10 whom 'quAstz
had been mad mus II they take heirs waive 10
quests The property 10 come 20 the heirs ID 81 vsu sbs
COMPARED with the bsGuess that the COuIt elect fos
/ the nfauts thstthey take as he'n s,law.
AdsHres. hcCummias K,y ssains John McSamma' K-y,
| Referred to ex.Judge Vsnd,rpoel