, 1863-05-04

Decision Of the Supreme Court In the
CurtIss Land Suit.
Our readers will remember litigation |
started about two years ago by Mrs. Cur
tiss. the widow Of the late Mayor Curtiss, Of |
this city, involving the title to large
tract Of valuable land in populous part |
Of the West Division Of this city. The chin,
we understand, was based upon deed Of
trust, conveying the property in question to
William Il. Brown, in trust for Mary Curliss,
during her life, and after her death to her chill
dren, with proviso expressly forbidding my
anticipation Of the income, or alienation Of
the property; and also forbidding James
Curtiss, the husband Of the lady, from doing
anything to affect the property, and providing
that he and his heirs should never have any
interest In the property, or power to control
it in any manner. The deed Of trust was
framed to secure the property to the wife
tor her life; then at her death to her children,
| in such manner as to secure 1t from thu hus-
band and his creditors, if it could be done By
human councils or means. The most eminent
| counsel OF the city ut that time were con-
suited and employed 10 ensure success. Ten
or twelve years after this was done,
suit in chancery was set on footat his Instance,
| but osteusib1y in the name Of his wife, to
have the land cold, and the proceeds paid over
to the wife On her written orders, no resist
ance was made By the trustee, and finally a
decree was entered, ordering sale OF the
land, and the payment OF the money to Mrs;
| Curtiss, or to such persons US Sue shonld
| direct In writing to receive 1t.
Under this decree, the lands were sold IN
| the Epeculating times Of 1s5j-G, and In the
ne'ghbo,hood Of sl0 oo was realized aa;;a ~ tue ne
YecE1 gections Of his Wife for that pur-
nose. In 1859 he died, insolvcnt;- his wife's
money was all gone; i large estate bought by
| him il Champaign county, and stocked with
his wife's money thus put into his hnnds, was
foon after sold under mortgages and trust
deeds, and Mrs. Curtiss found herself desti-
1ute III the world. The trust estate SO proyl-
dently eontriycd to render impossible the very
calamity which had befallcn her, was gone
not vestige Of It was left Under .he a; aaT!ee ice
State, she brought suit in the Superior Court
Of this city, and in the Supreme Court Of the
State, to set aside the decree Of sale and the
deed Of sa1e, and to have her lands restored
trials. both here and in the Supreme Court on
appeal, size has been worstcd, and final ludg.
nicnt against her Was pronounced by Chlet
Justicc Cation, which puts an end to the strug-
giles and to her hopes.
the proceedings, Which in effect, whatever
may have been tic prettnce at the time to the
!. contrary, subyerted and destroyed the trust
estate, especially created for her, were not il
fraud Of her rights and absolutely .ass 'old a.
} | taken in her favor by Judge scates, her l'rin
ci;al counsel This raised the question
tie extent and power Of the Court Of Chan
ccry to exercise Jurisdiction in the matter
! | the defendants Counsel, Mr. Nlndett, takihl
Tie ground that the Court OF ChanceTy ha
The power to control and remodel trns
$ estates in proper cases; and even to set asia
e the provisions Of deed of trust in the exc1
# else Of It's discretionary powers, if the trts
interests ,h,t Of tsn the parties demand Gar4 na
1nS aaSe '4 made though t@proper snp aouE' aeert @
&c in ordering sale Of the lands, and in direcI
), ing the trustee to pay over the proceeds SD d
10 put the Whole trust fund within the cor
l. trol Of Jamcs Curtiss, yet that did not cffee
credings 50 far as to interfere with the right
y Of third parties who had bought on faith {
the decree, and paid their money for the lane
d And also, that in their favor, the conduc
N Of Mrs. Cnr'iss in particiPatingin in the procecs
d irgs, and in the sales, and receipt Of the pm
~ chase money, was binding upon her, althoug
l. at the time married woman.
tz Many very abstrusc and difficult question
,e of law arose In the casc; The discussion Of tl
question as to the nature and extent Of the jt
T, risdiction uf the Court Of Chanccry over trust
or and married women, and the legal capaci'i
rs Of the latter, was perhaps one Of tho most G
~ liaustiyc and able in the annals Of our juri
- prudence
IL The opinion Of Chief Justice Cation, wli<
n is very able and profound. deserves 10 rank
hc 4 masterpiece Of Judicial argument. i Is
i'll. valuable contribution to the law Of our Stat
IL md would do no diecrcdit to Ncs;minst
~ nail In tue palmiest days Of Ilarlwicke,
iye Ihe Ease was argued In the Supreme Cor
nv. - eA.Chlef Justice Scott, on the part Of II
80 Eusua; and by Arthur ". Windett for thcG
A11o .senu,ant. 'he purchaser, and present owner
aw- lug iana-
Afa ILLINOIS CENTRAL LAND S1,rs-Duri
'eg- the past week, tho business Of The c,,a
ALL partmcnt Of the Illinois Central R,,,-o,d :,
loly unusually brisk, and although tho of1,ces ~,
closed on Thursday, the GALES OF the ~.
was amounted to seventy, as follows: Fortv.t
# Of forty acre lots; nineteen eighties; ono ,
AVE hundred and twenty; si1 one hundred
hrec sixties and two three hundred and twent
/ be The large proportion Of small lots taken
the Eyorablindcx OF the settlement Of the cou1
e