, 1863-12-24

Decision in the County Court---Deal-
ing in the Effects Of Deceased Per-
sons Without Administration,

SCrEnI0H CouHT.-LTGne d HEesoa F$. 1gtEhdff.
The suit Of Crane Il Wesson against Ielehart
has been sne Mhieh concerned a large number Of
the small property holders Of the city, and In
which many Of its most prominent lawyers hare,
from time to time taken part 1t was bill IN
chancery, fled BY Crane 4 Weasou, to foreclose
mortgage given them BY Ig1ehatt, one Of the de-
fendants, covering considerable t1sct OF land,
near the corner Of Blue Is1aud aVenue and Twelfth
street. on one part Of which the Catholic Cathedral
is Situated Mr.. Igehsrt bought this land Of COM
rla1nants in 1859, for twenty ve thousand dollars,
paying one thousand d0llars down, and the mort
raee vas given to secure the balance Of the puE-
chase money. At the time Of the purchase m
agreement WAS entered into between Crane s
Wceson and 1slehart by which the latter was au-
thorizcd to subdlvide the property into hundred
snd nftg-onc lots, according to plan previously
protected By Crane d Wesson. Crane d Weason
also agreed with Igleha1t to release my particular
lot or lots from under the mortgage on payment Of
three hundred and ffty dollars each for lots on
Blue Island avenue, and two hundred dollars each
for outside lots. 1glehart received copy Of this
agreement, but did not take pains to record 1t.
Immediately upon acquiring the title, 1glehart
went to work and eo1d the lots according to the
subdivision, the purchasers, most Of them. being
ignorant Of their liability account Of the incum.
hrance snd also Of the means BY which. under the
agreement In Iglehart's possession, they could b.
relieved from that liability. ..
Fifty-eeyen lots, among them those occupied by
the Catholic Cathedral, were afterwards released
By Crane 4 Wesson to Iglehart's purchasers, pur.
suxnt to the terms Of the Aforesaid agreement.
This Left nInety-foar lots in the Aands Of eighty
different owners, subject to the operations Of the
mortgage. These eighty owners Of lots were made
defendants to the bill subsequently hled By Crane
4, fnrt tha rf m
In order 10 complete understanding Of the na-
ture of their defence It must be premlsed that thei1
purchases were prior to those Of the owners Of tho
ffty-seyen 1ots, which had been released BY the
cumplainants from the operation Of the mortgage.
Upon this fact their defence MnIed. They set up In
re. 1eesaea y Cane ssen At
chase from Iglehart-tbat after they, the defend
s I'D ap9s ls aee Il
balance OF the purchase money eecored y INC
mortgage, and that consequently they should be
ed that M at the time these reieascs were made the
lots 80 released were worth enough more than the
amounts before received on the mortgage and fol
h ns
those lots 20 that they could not now be held they
should ecompel:ed 10 apply this surplus in satis
fafasn Ss e9idenee ee shsWsd that Crane i wezson
who Wcre residents Of Detroit had eome indefinite
knowledge Of these prior sa1es but utterly failed
eps .he
order Of aiienstion, toicza6y well settled il Eng.
land, czn be regarded az the rule Of Ii" for this
NJ. bany, for complainants, contended that hers
/ it has never been established. althong1
sys fgorsd u .,t in Of s0s 6na 'Gss ass:
ss sIes to English decisions: &c also maintained
that the principle ITSELF Is incorrect and eo9t1at5
ass s1d os no u
direct notice 81 fhe cquitfes was not brough!
to the sos aa sush noee ssa g
could I not be Considered as appHcshle. This caet
haa S9en enan|S{ o5 fUS q Wsoa
The case affected numerous parties, had heeI
participated II by lags number sbsi q psonH1en sa1an
very unaatiefactorly treated in English decisions
and was regarded both BY Court and Bar Us one
etf1se IL opinaoR % q JUDGE Wilson, which was ex
ceedingly elaborate and well d1gestea, was IN { g
yo1 Of The eonaIlaanants. Iae A11osneys n Sa
Thomas i Roberts, Arlington d Dent, and man
others for defendants.
t1ation of tic estate Of Jeremiah Dooley, deceas
severe apprehension Of 4. custom TOO frequent i
this city-that Of dealing in the effects Of dccea:
edpertons the injury ofhe1ra and creditors bcfos
admtntet1ation; NJ boo!sy haa let behind him ha,
| ING taken out letters Of administration. sold t
one John Hogan for seTen hundred dollars. !:
short time previously, he had caused her TO ae
ness to iii On lie part 81 the eftate to the amour
Of SIX hundred dol1ars. subsequently, the Tiao'
took out letters Of administration and, In ths
capacity, claimed from Hogan the seven hn1
dred dollars due for he groceries, before Jnde
to Offset the six hundred dollars. which he elaine
was due to him from the estate, according to th
Jndre BfadWcll decided that the admissions
Mra, Dooley, made before she had received lettcl
Of administration, could not bind the estate; thi
ali contrpcte entered into with respect to the G
fccts Of an intestate prior to the fssutng Of lettel
Of administration. are null and Eo!d and ths b.
Hogan was liable to the administra,x los the y y
property, and ca4sed. judgment to be entcre
| against him accordingly.