, 1859-07-18
LAW INTELLIGENCE.: i.

A Omar I,.xn sr1-Ha1r 4 Mu11ov 4x-N
vo1yEp-s srrss,on Corxr or Chicago ID!
Maaayv.-The yery important case Of Eua;e4ss;
Chapman q. William 3. 0gd<n Was recently
brought to final hearing, aud the argument
has been concluded within few daya- Tb-
morn;tna. If th- intene.ts involved II. t;r,.:
"'~''' " 'ue Ae4 ~1ss =. AAo~t We at'e
and neans employed IN It's preparat1on-sour
years having elapsed since the suit WAS inxtitu-
ted md the rxidcnc. extending tn xpet ,,,,od:.
,.. ..t.T -. -,
e'oss lene'a tna@ Aoeo' oae h1' u ~ "aicn ms
been printed, fills huge quarto volume OF z2q
If ~. fa.ts n. sh;1;tr mud ,ho,nnoh+..s ~.
~ .' ~"o 49,, .,-.1.
which its enormous details, and nauy nice ques-
tons Of fact OK Law hoye been discussed bY
counsel-.tte fnna, arrnnent hu.iny extenJa1 +,
80, cr s[,,.s -.
it a case Of more than usual interest among the
heavy 1nud contests in this li.igious city.
The comn1,;nont Euniea ch.,n,.n 't,,d 1,er
~,
oit Aasca sWn' 1900 70 secoseF 'ae wno1e Of
Block q, and lots and 6 OF Block III n School
Section Addition 10 Chicago-or, to rat # III .
.,.;... a;.,,a.t .-4a- of a.. NJ
p'a'nef o'''ee', one q'n'' " @ne oieEe !h9
northwest Of the intersection Of Ad1n1s and
State Streets and the entire block On he T4ef
.;dc of sou,h Well. strcct hctreen Ad:.1nx ,ra
~. - oo.u .. "sn' =. sa:- s:-:.ss s tn. ~
'aeAe'a e"e A. 'ss 0'
street. r.
usr slain, =, ,,,,raJ s., III. I'm :. ,.i,,,o,...
nef e'a4m - aueseu ~ Wv '.', sas - -
W Inc 2ath 4ay o. 3nhnary. 1881, one naniet
a. oa1u"1us oe'oK IAe o"oet ~ t1e tt1Fe1t{ ~
4aesuon' moltgaseo Il 70 Mosss ss.: +. na1cu ol
Vs"e9ot ~ eesa'.e s !onu eoaut''o"'4 1os 'ne
payment ot s., 300 in instruments
:, untnG @VI9 OF uecemoer, 4eas' ua1cnsstsneo ,
the o0nd ma mortgage 10 one AloeIt AtAulty
Of Ne" iotk- The assignment was absolute On
lts tace but Was IN TACT made IN trust to protect
Albert MeSulty MS maker, aud the hrm nf Irask
Marvin is cAdorsers OF uote tor 9l,5.l.75,
made and endorsed Tor the benefit OF the flrno Of
tue note, 10 consey 10 AeHun} CnHptnaa' ID
otnef "ords' aloest AcNony ncio tae oona anu
ulo11ea7e 1oF 'he neheut ot htcsoHy - eaap'
man' s4G'ec. 10 me payment o1 t1s ne'c:
me t4,9SI no'e IVES suea 70 1u1gment oy tae-
state BANK q Indians January ~, lSao. on
the Stu Of March following, Geo. H. Chapman
bought up tue judgment iof us o~a beneat.
But, lnasmuch as he had borrowed tie money
which be paid for the judgment pf II. Hollis
"Aunne"cIl. be caused it with other property to
be assigned to HunneWeA as collateral seeur-
i'y: 49,.
man, PAD tae 'ozn lot whsca tne )udgment W.
Pleoseo ana Teqaes1eo auuueMen 70 eanees ,ne
judgment. uonne"el! 'conpHee VITA 1ols
request, French, as assignee 'of AcAulsy &
Chapman, vas entitled 10 demand Conveyance
Of the bond and mortgage, discharged of asl
liens.
deanwhile Albert NcSulty, who, as we have
seen, held the bond and mottsage 10 trust, Us
signed To Ax0r s. Mar5ln upun the samc trust,
Marvin procured a1a1 t!tle upon. the property
which he Likewise held Tor tie be1et't Of the
trust III other words. i9r the beaehs Of Daul
e n
Bank Of Indiana Judgment. French, teanng
that Marvin Intended to make way With the
moItgaged premises under The tax title. endear-
ored to induce uunuesell to cancel the judss.
ment. in order that he (frenea) might demand
FROM Marvin coareFaaee OF thr bond and mort
gaze.
he had other Claims agains. Chapman. but sug-
Eested that frecea should ais csta!seFs o.si
d&aina & any;binr to impair % 1ns trust. 49, Frrnch %
filed bill accordingly, and caused him to BE-
en|oned. Marvin answered the bill, denying
snd uS t he;H ho,;i ~
subject to The trust French. bayiu,, nc.
| of The rood faith Of Marvin. sbandonrd
| tho creditors bin. uunpeweli afterwurl,
| ,.ot hold or II. without The concurrence of
Erench and settled with Marvin. Maryin con.
rerinr to Ebeuezer Tbarer. a.ent Of Hume
well. The bond, mortgage. anG tax tile. and
Uunnc,sei! agreeing to satisiy the Judgment,
Mrs. Chapnian claaus thut this set stte,e Ut was
mude for thc benefit OF French. t:ie& lIaFvin
was the trustee Of French, and ThaYcr Succeed.
I'd to bis obligations II to tue bopiis mortgage
md sax title; that HunneweI. was the trus,ee
| Of French aa to tho Judgment, and that what
| ever was acquired upon settlement OF the iudy.
ment rs acquired for tie benefit Of French. ia
short. that 1hayer was the trustee Of French. las
lis predecessors had been.
About this time, !. t. March, 1sia, Thaycr
gor, release Of his equity Of redemption Mrs.
Cnana'an e,a,ns m % tnas shts Is feease r "es LIKEWISE
ciatms that this release. although absolute On
its face, was intended as sccoud mortgage for
s1,l5o, which baldwin, Of course, bad the right
to seoeem; aeseqaen'5 rsynen sou f 70 ,S, Ms'
! ind IN the property then acquired by Thaysr
for his benefit. In 1855. Baldwin and wife cun-
rs!eo ,n n,s e1aa! .! aeacp..on 70 ars. Gnal;-
tie unon which sbe brinrs this suit This b;it
is filed to compel the dstendsnts to surrender
thgir tfnss, ana 10 elear tAe tue.
rh.rsr fhv tri,;,.1, a{rs rsoa,ns, sans.nIs ~.
arc mrrel; l.vr trustces| have set IN a defence
that is general and extends to great detail,
n,a;S,ng Impossible. 10 % stase more more tban pan iew
risborated bs tha counsel 01 "'''
I