The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1863-05-16
Important Decision by the supreme Ceur..

important decision by the Supreme Ceur..
The tedious litigation in regard to tho
possession of . large tract of land in the
most thickly settled part of the West Di.
vision Of this city, cotnmenced some tvs
years ago by Mrs. Curtis. widow Of Mayor
Curtis, has terminated in the Supreme
Court adversely to that lady. 1t is repre-
sented that the c,aifi sas based upon a
deed of trust which conveyed the property
! to VIM P Brown, In trust for Mrs. Mary
Curtis. during her life, and to her children
after her demise, and contained proyiso.
prohibiting any anticipation of the income
or alienation OF the property. James Cur.
tiss, the husband Of Mrs. Curtiss, t7as also
prohibited from doing anything to affect
the value Of the property, and the instru-
ment expressly stipulated that neither he
nor his heirs should have any interest what
ever IN the same, or power to control it,
The deed OF trust was executed to secure
to the wife the property, and, after her
death, to the children, especial care having
been observed to secure 1t from the hus
lard and his creditors
Ten or twelve years subsequent to these
proceedings, a suit in chancery was insti.
tuted at the husbands instance, bu, in the.
name Of his wife, to have the landsold and
the proceeds of the sale paid over to the.
wife. No resistance wa: offered by the
trustee, and a decree was accordingly
entered: ordering the sale and the payment
OF the proceeds thereof to Mrs Curtiss
Under this decree. the lands were sold,
in the speculatipg times of 1855 J6, and
in the neigh borhood of 100000 was real
lied by the sa!es-all of which was received
by James Curtiss, under the written dir
rectons Of his wife for that purpose. In
1899 nc died. insoivent: his wife money
was all gone; d large estate bought by hiiIy
III Champaign county, and stocked with
his wife ; money thus put under his hands.
was soon after sod under mortgages and
trust deeds and Mrs. Curtiss found herself
destitute IN the world. The trust estate
SO proyideutly contrived to render imp
sible the very Calamity which had befallen
her. was Qone-not 3 ves.ige Of it was Left.
Under the advice of counsel, among the
highest in the State, she brought suit In
the Superior Court of this city, and in the
Supreme Court OF the State, to set saide
the decree of sale and the deed OF srle and
to have her lands restored to her. After
two years efforts and repeated trials, both
here and in the Sup,e ne Court on appeal,
she he's been worsted, and final iudg-
ment gaihst her was pronounced by Chief
Justice Cation, which puts aa end to the
stluSS ~ ~
Inc great question in the case was
whether the proceedings, which. in effect
whatever may have been the pretense at
time to the contrary, subverted and des.
troyed the trust estate, especially created
for her were not in fraud af her rights,
and absolutely void, as against her claims
This was the ground taken in her favor by
Judge Scates, her principal council. This
raised the question OF extent and power
of the Court Of Chancery to exercise juris-
diction i'll the matter; the defandants
counsel, Mr.. Windett, taking the ground
that the Court of Chancery has the power
to control and remodel trust estates in
rroFe. cases; and even to set aside the
provisions of deed Of trust in the ezer-
else Of its discretionary powers, if the true
interests OF the parties demand 1t and
that the Court may have made an improper
decree in ordering sale Of the lands, and
IN directing the trustee to pay over the
proceeds SO as 10 put the whole trust fund
within the control of James Curtiss, vet
that did not affect the validity ofthe order
made, and the proceedings, sd. far AS to
interfere With the rights of third parties,
who had bought on faith OF the decree,
and paid their money for the land And
also that in their favor, the conduct of
Mrs. Curt!ss in participating in the pre-
ceed,nss, and in the sales, and receipt Of
the purchase money, binding upon her
although at the time q married woman.
Many very ab.truse and difficult aues-
tons OF law arose in the case, the discus
sion OF the question rs to the nature and
extent of the jurisdiction of the Court Of
Chancegy ovey trusts and married women,
and the legal capacities ef the latter. was,
perhaps one Of the most exhaustive and
able in The annals Of our Jurisprudence.
/ The opinion of Chief Justice Cation,
which is very able and profound, deserves
/ to rank rs master piece Of judicial argu-
| ment 1t is valuable addition to the
I law of our State, and would do no disoredit
/ to Westminster Hall in the palmiest days
| Of Hardwicke or Elbod.
The case was argued in the Supreme
Court by ex-Chief Justice Scates, on the
part of Mrs. Curtiss and by Arthur ".
/ Windett for the defendant, the purchaser
and present owner ofthe land G Journal