, 1862-04-03
LAW INTELLITENEE,


Late Mayor. Curtiss Is. George r. Abbey, for
the recovery Of two blocks Of land in the
West Division Of the city, came up before the
Superior court for new trial, the jury ut
the January term having found q verdict for
the defendant. The facts Of the case ver.
substantially as follows:
James Curtiss vas the owner Of the greater
part OF Carpenters addition at an carly div.
AID being somewhat involved, the land was
sold Tor his debts, leaving right of dover in
Mrs.. Curtass- The creditors who purchased
conveyed the land in question for release of
her dover in the residue, and to secure 1t
against Curtiss' control and debts, it was con-
veJed to William H. Brown as trustee for Mrs.
Curtiss, for her separate use, As long as she
and her husband should live, and then for her
heirs and assigns, in case she should predt-
cease her husband, from him to he:devisee
or appointee; and in default Of appointment,
to her NATURAL heirs at law. The deed Of
trust contained q prohibition upon Mrs
Curtiss anticipating, charging, or alternating
the rents and profits of the land, nothing be-
ing said as to The power Of the Trustee to sell
the trust estate, or change the mode of invest
nent- The deed WAS unders" ood to be framed
under the auspices Of J. Y. Ecammon, ESQ.
The Cnrtlss fanlily occupied the premises as
their home for very many yearS-until about
1s52--when, having no income, aud being un-
able to make the land productive By building,
MIS-. Curtlss desired to have it sold, and the
proceeds relnTeeted in some productive prop
erty, aud applied to the Trustee to sell it,
which he declined to do, contending that he
had not power to sell under the deed above
mentioned. The property was then extremely
valuable, and would command large pricein
the market. In this exigency, acting under
the advice Of the atl=st lawyers in Chicago,
an application WAS made to the Court Of Chan
ceEy by Mrs Curtiss for . decree requiring
and authorizing the Master to sell the pro-
perty, and bill was fled BY Mrs. Curtiss with
the concurrence Of her husband, in the Court
OF Chancery before Judge Skinner, then Oh
the bench, who entered a decree Of sale, the
proceeds to be paid to Mrs Curtiss, or upon
her written order. Acting in obedience to this
in question, realizing for Mrs Curtiss from
the sales, very considerable sums Of money.
Mr.. Cnrtiss died few years ago, and some
time after his death, bis widow sued ont !
writ OF error on tie decree Of the Court Of
Chancery ordering the sale, with yicx of
canceling the titles OF the purchasers This
Gaze was continued at the last term of the
Superior Court, aud Last year suits in eject
mcnt were begun.
The jury found verdict for the defendant,
and the plaintiff moved for new trial, which
was argued fortnight since before the full
bench, 4. ". Niudstt for the purchasers, and
Messrs. Scates and McAIster for Mrs. Cartiss.
On behalf OF the purchasers, under theIdecree,
Mr.. Hindett contended that the Court OF
Chancery, which made the decree, had COM
of the question Of the suit
1t was further contended that the deed given
Brown, the trustee under the decree, the
pialntln and her husband having Joined with
the trustee in its execution, was sufficient
under the laws Of this State to convey the
whole legal and equitable title in fee simple,
and WAS IN consequence L bar to the present
suit
variety Of abtruse questions OF Real Es-
| tate Law, which very seldom arise in our
courts, were gone into By the counsel On
both sides: The Court having taken the case
motion for new trial, on Saturday last, hold
! ine, as WIS briefly stated By Judge Hig-
g1Ds, in announcing the opinion of the Court.
that the Court OF Chanccrs which made the
decree for sale, had complete Jurisdiction
and power to decide the case-that its decree
vas binding upon the p1aintif, and could not
he collatersal1y impeachcd and also holding
that the joint deed Of the Trustee, and Of Mrs.
Curtlss, and her husband, Independent of the
proceedings IN Chancery, WAS sufficient to
convey the legal title-and debarred the
plaintiff from setting up titles in opposition
| to it.
The plaintiffs counsel asked time to file a
bill Of exceptions, in order to carry the case to
8; the Supreme Court at its next term.
lS1TEn STATES C1Geu1T Cornr--Beforg y"age
Dr:t;ansond A. Katie ye. the City Of Peri !;
and statement Of the authorities to be flrn{shcd
! by the counsel.
c1ncrlT couRT OF Cook couxrY-Betore Judge
her nearest friend, E. Gill, IS William Davis ct
a.: naetcrs report filed. confirmed. and de-
I cree 10: a5na.-Chaneery. y Lucius l. Cobb ct al
| plaipant 70 close proofs by the e0th instant.
| 70. 5s3-Charccry: Gardner r. Drury rs Otis S.
skinner ct a E; biz dismissed at eomplainant's
60 and G1-Chancery- Stephen Childs vs. Vincent
sauter ct al: dec1ee for complainant and order Of
| sale Of premises No. S25-Jolln II. Loou1is ys
I George Riley; By a.reement cause submitted to
court lor trial and Judgment for plaintiff. Writ OF
possession.
Western Agency Of the American Tract soci-
ETY., Boston, will be held ut the First Baptist
Church this afternoon, April 3, at o'clock.
At X o'clock in the evening there will be
public addresses at the same place by Rev. R,
Patterson. Rev. II. IF. Patton, and others
with special reference to the work Of supply.
| ing the army with good reading. The public
arc invited to attend.
G.S. F. SAVAGE, Secretary.
e For Paper Hangings so to the old stand OF
| E G. L. Faxon. 10 Lake street. He has the best
Worku!en in the city. apt3
Buy paper hangings Of Chase t. Co.. 1os
| Randolph street. NH 29.3m
"CalI On Dunlop se1en & spaldins for Printing, :,
| noy11-h22lly
| @ Go to John Jones, 11s Dearborn st., and get
| your clothes cleaned and repaired uoyt2
H For cleaning and dying gentleman's clothes
60 TO Cook 4 Mclean, 9s Dearborn-street. This
old established house do better md cheaper work
| than any in the city. eb2l-H