, 1862-10-29

ruft, and OF ''Estoppelss Ia the Coun- |
~ Court. |
UNITED STATES CouRT-BJ1re Hon, TAos. !
Dranaaond.-At the opening Of the ccur: yes
terday morning, the casc Of Burch, executri1
rs. Burch and Dexter, was again called up.
Mr. II. G. Miller, following his associates,
Messrs. Walker md Hoyne, for the defense,
occupied the forenoon. His argument was
for the most part devoted to a resiew Of the |
facts in the case, and the points made were
principally based upon them. The closing ar
gument ior the complainant Was made BIZ ].
L. Stark, jr. 1t was strong and forclble and
received high commentator from the mem-
be1s Of the bar present. He commenced By
the purpose Of dtyerting any of the assets OF
the bank, which belonged to the depositors,
or which had been placed in the bank By
them, but tor the sole purpose of reaching |
certain real estate and railroad stock which |
was in the bank at the time Of Thomas Burch's
death. He cla.med:. First, that the part |
ncrship vas dissolved by the death of Thomas
Burcb, and by the agreement Of parties, and
consequently no power existed In the will to
continue the partnership. Second, that the
executors and executrix never qualified in
this State, and that as matter OF fact neither
Of them have eyer interlcred in any manner,
with the funds In the bank.
At the conclusion Of Mr. s!a1k's speech.
His Honor indicated that decision would not !
herendercd before December, as the questions !
involved were Of considerable Importance and
required some Investigation.
Thc jury will be empanc1ed to-day.
C1Rcr1r Court OF Cook CoCsTY-B.f3re
Hon. Gto,yc Mannierre.- CuAscERy NO.
393-Case set for hearing, on demurrer to
bull, for tomorrow morning. No. i30-Mo-
tion to dissolve injunction sustained, aud In
Junction dissolved, whereupon Pierson and
Dana moved The Court to have their damages
sustained, by reason Of the Injunction assum-
cd ard awarded. No. 4;3s3-Mo.lon to set
aside default.
In tic matter Of the people, &C., cx rel Geo.
Prttclo1d and Michael Stark, who have been
imprisoned fer some time past on Charge oi
malicious mischief, application was made for
writ Of hahatx corpus, on the ground that
:Eerc Vas an irregularity iu the nttimus. Sfr.
Garrison appeared for the relations, aud, after
argument, the Court ordered the suit to be
,;u.s'1ed and the prisoners discharged.
c. n. Holden TX. Jearum Atkius et al. Bill
in chsncery. The facts arc substantially Us
follows: Atkins gave trust deed to Charles
4. Grvgory, to secure no:e given TO one
Biorks. The no:c matured. and vas not
paid, whsrenron Gregory advertised the land
ser saie. Atkins then flied a bill In the Cir
cult Court, to eujoin the eale On the ground
of usury. The Court directed Atkins to pay
the principal into Court, with six per cent iu-
teiest, but, he being sick, was unable to raise
The amount. His attorneys app1ied to the
complainant, Holden, to ady1rcc the required
SUM, Offering to give him, under authority as
they allege from Atkins, rs security. the
Brooks note and trust deed, aud also agreeing
to give him, in addition, quit claim
died Of, the Land in question. Holden
paid the amount, $3.50, Into Court.
It afterward appeared that prior to the
quit claim given to Holden, but subsequent to
the Gregory trust deed firm OF brokers, Rut-
ter, Endicott s. Nhitehouse, had entered up
| juGgmtnt against Atkins. 4 levy has since
| been made and the land sold, and i. Is claimed
| that this lien Is ahead OF Holdcn's. This bill
Is fled by Mr.. Holden to have his lien dec!ar-
t cd prior to that Of the brokerage dsm alluded
to, and that he may have the benefit Of the
note and trust deed formerly held by Brooks.
The Court reserved q decision. Waite for
complainant; Winston for defendant
| COUNTY CoCn1.-E.tore Hon. J. 7. Brad.
,otH-The Court was occupied during the en-
tire day in hearing the arguments Of counsel
in Edward 1verson against Christian Freder-
fckfon, administrator Of the estats Of Neils
Olsen, deceased, In which the evidence had
been given on Saturday last.
The plaintiff claims from the estate Of said
Olsen an amount equal to one-third OF the es-
tate Of Ha1yor Iverson, deceased, Of which
said Olsen was administrator alleging that
said Olsen had improperly ex pended upon
two Of the heirs Of said Hzlvor 1gerson nearly
the entire amount Of the latter's estate, to the
exclusion Of himself third heir.
The defendant alleges FIRST that such e1-
penditure was encouraged and assaoted to bg
said plaintiff, and that he is NOW estoppcd
from alleging the contrary; and secondly, that
| said plaintiff received an advancement from his
father, and that he cannot recover his share as
heir until hs bring such advancement into
hotch.pot.f The defendant also produced evi.
'denco tending to diminish the amount Of the
recovery should the above points be overruted
The Court took the case under adyisemen :.
Rucker and Page for plalntiff; h. G. spat1ord
for defendant.
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