Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-11-06
THE COURTS.

DIsrRIcr SUPREME OogRT IN 6RusRAL
TnRM- Chief Jisstiee Cartier and Associate Jas
tees Wylie aud III. A Pierce agt. David
A. Hall ct al. Appeal from order OF Justice
WyIie disnissing case which was filed for
reformatinga deed purporting TO convey lot
., square asa. whereas said DEED intended TO
convey lot S, rest of square Asa. From this in
correct description arose the error In deed a
far back as 1897. Subsequent conveyances are
correct, and this bill was presented by Gen.
Pierce TO have difficnliy cured. The bill al
ieges that the petitioner, Henry A. PIERCE,
purchased OF David A. Hall, Abby Il. Hall, his
wife, and Theodore Curtis, trustee OF the
tate OF David a. Hall, the south part of Tot S,
IN square west OF square Al, Tor the sun Of
sl,1OO, believing the title thereto 10 be perfect
mistake arose from a misunderstanding of
the nomenclature used In Designating the
squares; that said lot 5, in square 4si, has been
held and conveyed to certain OF the respond.
ents herein for about seventy years, and no
question OF title has been made, ana no ad.
verse title set up against 10 the same, as derived
through the said deed from Dom'k Lynch and
Comfort Sands; that IN all the conveyances and
reconveyances always described as square
west OF square Asa, except in that from DON'T
nick Lynch and Comfort sands to Francis At
kinson, bearing date MAY 18th. 1797, wherever
IL IL enormously described as square asa. The
bill was dismissed by the Court below, and
the case is now only presented on Its general
merits. The mIsdpscription in the bill was
purely one OF mistake, and the power OF the
Court to reform such deed Is apparent There
is 10 ADVERSE title grown mp by reason of the
mist, but simply cloud cast upon the title by
the law in the single link through which the
same 10 derived All persons Interested are
made parties 10 this bill. Personal notice was
given to all residing in the District, and by
pnbiicatton to all out OF 1t. II the court will
the title and make the property 90 into the
market.
Judge Cartier confirmed decree Of Court be.
low, and dismissed the case, for the title was
perfect and no defect, and he had before, in a
case OF law, given decision that the description
OF square was ubor dinate to the description
Of lof.
Justice wyhe.-I would say further, that in
this case there u no cloud at all; two Of the
partis are dead. How then can we make
decree to remove cloud when the parties are
dead, and their heirs are not in Courtl
To.day.-Justice Fisher said that the case O f
Whitney We. Frisby was set for the day, and
would be heard.
MIR. Miller asked permission to file bill Of
Injunction in case now pending to stay pre-
csedines until bill Of discovery: filed.
Mr.. Totten moved the admission of Mr.. A.
T.. King, and asked that q committee be ap-
pointed. The Court appointed Messrs. Tot.
ten, TbOmpssn, and Leach as the committee.
Mr.. Cook moved the admission Of James s.
Franklin, and presented his certificate from
Supreme Court Of Pennsylvania. He was ad.
mitted.
In the case Of Whitney vs.. Frisbee Stanton.
K. j. Walker Son for complainant, and
Bradley, Blair and Dick for deiendant-
Mr.. Dick said that he bad hoped TO have the
assistance of Mr.. Bradley in this case; and as
his case had not been acted upon, asked the
Court il il would not be inconsistent to allow
Mr.. Bradley to appear.
X. j. walker, counsel for complainant also
said that IL it was possible that 1t would be
very agreeable to him 10 have the rule in MIR
Bradley case suspended. in order that he be
heard In this case, as ii was impossible, with
due regard for the interests OF his clients, to
longer deiay the case.
Both gentlemen said this was done without
knowledge Of Mr.. Il who was ont OF the city
at the time.
Judge Cartier said he was aware of that: but
the Court did not feel at liberty to interfere in
this way with its rule, but lust move with
consistency, no matter what its personal feel
Ings might be in the case.
MI Duck, before commencing, begged leave
10 read a bill of exceptions taken in the case,
and present them to the court, that nothing
might re lost
Mr.. Walker moved to strike out some nor.
ton of the evidence.
General Duncan :. Walker, for complainant.
then read the original bill; Mr.. Bradley. Jr
for defendants, the ans wer to original hill:
when Mr.. walker read amended bill, and Mr
Bradley the answer - amended bill.
During the reading Of the bill stice Cartier
said at this stage II is important to know il We
are TO 60 back Of any decision Of Supreme
Court or act of Congress. II we have to read
the history OF Mexico and translate all abou.
the Ranches and Rancheros, We will have a
hard time, and enough to fill up this term
Mr.. Diek.-I think not, your Honor.
At close OF reading of answer to amended
bill ana exhibits, the reading OF pleadinks were
finished, and general replication having been
filed the question was at Issue, and General
Walker opened the case for compliments.