The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-08-13
LEGAL INTBLLIGnNCE.
Important Decision ON tho Rights of
mOrtRAgOra.


mOrtgagOrs.
ae oSWng ntes9g oPi6iSn % nc the
property was read this morning by Judge
james Watts VS.. the HestonvilIe Mantua and
Falrmount Passenger Railroad Company. Brewster.
strain bs rs aenGans 10! PeGe m e 70 ra e
and stringers, or otherwise rendering the road
The bill is filed by the complainant for himself.
land Tor such other bondnOlders rs may by COntri-
buting TO the expense OF this suit become parties
thereto He aveTs tnat he is the holder OF certain
bonds and others, amounting to $4,000 issued Decem-
per per LS I0SS, are S secoaeu Dy oIsage executed 3y
rails bridges, fences depots, stations easements In
iiOn belonging to said Company"
The bill further "avers that the said railroad begns
at Front street In this city, extends along Ca0whilI
street TO Ihe river sohqylE And & thence to aeston
used until recently as road for the conveyance of
The Com plsinant then charges that the defendants
have recently taken up the rails and stringers Of
Eighth streets and they threaten to take up the
balance Of said road and TO dispose OF the materials
The defendants have filed afidavits in which It is
s Of en- % 10 ff aH eGS E
The proposed action of The defendants, that the por
sustanable, but an expense to other roads Of the
Company; that 1t would be an injury and loss the
Company 10 permit the rails TO remain the street
and be destrOyed that the plaintiff should have made
this motion when The work was commenced two
weeks since; that plaintiff has ample securiTy eft
for the bonds he claims and nat the defendants
willing give security for the moneys received from
the sale OF the materials OF that part OF the load being
In addition to these matters OF defense IL was sug-
gested upon the argument that the portion of road
the mortgage under which the plaintiff claims.
seh sSo WeTe s e 0S act OF AS
rails upon certain streets in West Philadelphia, and
with The rghtto intersect andlrun their any
passenger railway now constructed. or which may
hereafter De CONSTRUCTED SO rs TO give the said Com
limits OF the CITY,"
Company We're empowered ito lay out aud construct
fir he aG6s "a ron He eT%sus
Caowhi street to Delaware avenue.
December zS 1883, before the passage the supple
meGt and Of course oaCre any railways were laid
the TawayS rails bridges, FENCES depYs stations
every DESCRIPTION beonsing to said Co mpshy. and
which shall be hereafter acquired or owned bythem.
the Callowhi street branch and the defendants must
delay the cost OF this portion Of the road
and the ample security afforded oy the other pro-
PlicaIion Is hsrdly conclusive against the planth
objections would secure settlement, and at the worst
would not bar his right to retain the remainder
oG Ss S o the SS SHS
justify them in an attempt 70 sell II, subecI the
they could not lind purchaser; but surely the Snpro
tabeness Of the enterprise is no Justification for
party having vested interest In its maintenance
your interests That should tear up your road? n
may be that the defendants alleg atoms correct
peaoha6le Judgment, but they forget that they have
pediency. II the mortgage cover the road the defen
da1t have no right to touch tsave for proper repairs
Even mortgage in possession can do no act to
although his purpose is thereby to extngaish the
debt and he bound TO keep the In suoh repair
Eden on InjunctiOns 2Oi. ''''' ''''O' ""'ernAn'S
If this is the rule as against mortgagee we nust
lnortgagor. and although this principle seems to
the lault of the mortgagee TO permit the
mSglsSg 10 SGnnHs ESsn IN yet Il is
tWaterman's Eden on 1nj. [2O5J.l The same princl-
Rep S athough the dwelling house had rseel SeeI
erected by the mortgagor after the execution
learned opinig6 Woodward J-WneSs e 4ppeal n sne
have accepted franchise to maintain their WORKS II
well explain5d by the cases of Regina The Bristol
Rex The Severn and wye R. R. Co. I'd di; 54i; and and
DO regard allegation that she Sg psins 9d Nor SS
as ny ssns f s hSs s q. ns SsSs he p
Is 9P now oM he ne Is S Il
mortgage can ne preserved II the mortgagor has the
preserving tn. whole intact that We can S give & X
effect 70 the solemn contract Of the parties must
CGrT S saSaSSG2 PrSSsS OE Era
Prison cases are still before the Cour1s FIsSs FASSsns
Bsengle was charged with keeping disorderiy house
lagerbeer saloen above the door, stopped az the de-
ask for beer While they ere tSere Ei1h and
into the room. the defendant being nresant ~, @
9ucted heTselI IN very improper mRaner. The de-
was also alegea that he said he had for some time
back used his house for immoral purposes and In
tended TO do so In future N IA
The defense alleged that the defendants house vaa
quiet ana peaceable, and respectable honse N fha
KIND IL was also held that proof of but one oocnr.
renee OF this kind was not sufficient to conyict nan
OF this charge, NON''O' man
The evidence OF persons who have lived In tho I'm,
i IeHaIe nelEnnornood OF tue defendants house Tor
the place Is an ordinary German beer seloon SySa s
SeTman dances are frequently had but thai IL Ia NOT
and credbility of the Commonwealthis vii nssSse
ana argued that this whole proceeding was a satrr
sning ior the purpose OF extorting money from the
Nerdlct not guilty and the prosecutors 10
Henry Sneider was charged with the larcanv 20
cothing belonging to Henry Magee MI MaSaaS, MSoiS oi
Ihea that the defendant asked him one day N he ed
q brother in the army; ne replied he had ard dAa -
IAN @Ssner als6; the defendant then stated that he had
ne had lett him lying very sick and mad hsa', SS,u @
quested by him TO ask for clothlnR and monav 20
T,ane S nome with DE gave the defendant the CLOTH
ing ana afterwards discovered that he had hsaH ~
celyed, this story being merely fabricatIon ~ ue-
bbl tne prosecutor having voluntarily given bts
into ne possession OF the defendant the Ofenss
VIZ heln nol 10 De larceny, "N
MARY Iully ana Hester Culver pleaded ouItv 10 .
LONGING ~ e s iaeehy Oh clothing valued SSO be-
hsiiea % Eiitnsu i was charged with the larceny a.
Se' OF plctufes valued at $780, beonRine 10 fehs
fhntt nhtn NJ; Lne allegation OF the Commonwealth %as
street. IN 1856 engaged the defendanf ~ seii
RStptes ior MIN as a cAnVasser. 10 ne Maid sel M
Ne " w usoncted trom the amount Of his saiss
70 Sanyhss "a the country, and returned 10 a. S was Was
so0qt yso He had gone about in the conn, lsn
nams ss himself as Mr., smlta registeri1gu SS
s1bcan vasssrs 'S 1 hSSS Ss ana engaged number OF
tezd ed0hs the bills returned by the Grand Jurv va.