Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-11-04

The petition fora writ of mandamus prayed for
Yesterday by Jos. r. Comegys, In favor OF j. and
Broakwater Railread Co., was argued at length
by counsel; and opinionsdeliveredb Bench. Mr.
Comegys, attorney for Railroad Co., was in favor
oi argliring merits of and having final decision
upon ease at this term of court. Messrs. Sauls-
bury and Rdgley, for State Treasurer. were OPP
p0sed-wishod time until April term. Ihls seems
4 form of Inquiry why certain coupons have not
been paid Railroad Co. by State Treasurer, the
case now remains in stutu quo. 800.
Robert j. Lank rs. Jas. Beachamp. John Hill
and others tenants. Jos. T. Comegys for plain
tills, Draper and Ridglcy for defendants Suit Tor
tjectmcnt OF defendants moving title TO 26l9
acres of land, situated at Canterbury station, DC
ing part of Ill acres of land formerly belonging
To Aaron p Osmond, deceased and sold by his
administrators for payment OF debts. Caleb Us
mond being real defendant In case.
g. Bcachanp testified to long list of titles &c.,
relating TO land in dispute also that he indirectly
interested iu suit
BeachaInp require possession lands and tenants
In dispute, but was refused by Hiles.
John Hiles testified that possession had been
demanded but he refused, &C..
The case was opened by III. w. Draper, Tor
plaintiffs The case goes over until Tomorrow
morning.
FRIDAY.
The case of ejectment continued
Henry Anderson, for defence, testified that he
was present on the day OF sale of lands In dispute
by the administrator, and heard Caleb Osmond
give public notice to purchasers that he held due
TO 4Gi5 acres of the land to be sold, and that he
should contend for his rights, &c.
Same called Us witness for plaintiffs, testified
that as Notary Public he took Mrs A. p. Osmond
acknowledgement to deed to her son Caleb Os.
mond for the 46T acres now in dispute And
further when he took acknowledgment there
were no persons In room except Mrs. and Mr.. A.
r. Osmond, that the deed was not witnessed nor
delivered TO Caleb Osmond.
Robert Ross testified that he plastered house for
A. z. Osmond upon lands In dispute. and said to
be for Jonathan Osmond, to be paid Tor by nm.
James farrell testified that at time deed was
given to Caleb Osmond he was mere boy, and
could not have paid for land.
A Miss Osmond testified directly contrary to
Henry Anderson, by saying that she and hei
brother Jonathan Osmond were In room when hel
mother acknowledged the deed for her brother
Caleb Csmond, and that she and her brother Jon
athan witnessed deed, and that Henry Anderson
showed them where on deed to write their names
&c.
Numerous other witnesses were examined.
Mr.. Comegys opened In able argument for plain
tiffs, followed by equally able and lengthy argu
ments by Messrs. Draper and Ridgley, for dc
fence. At Z o'clock the case was not desided.
WEDNESDAY.
Specially Reported for the Commercial
Jas. P. Comcgys, on behalf of the Junction
Breakwater Railroad Co., petitioned Tor writ Q
mandamus, compelling the State Treasurer =
pay the coupons detached from State bonds
which he had In possession, for the payment
interest on mortgage of Junction d Breakwate
Railroad.
State VS.. o. White indicted for larceny. Jur
returned verdict of guilty. Court sentenced DE-
PENDANT to receive 20 lashes, pay costs, and 81
State VS. Sarah E. White indicted for larceny
Plaintive, Elizabeth OWNS. There being an erre
In the Indictment the first jury drawn In the cas-
were discharged. New Indictment drawn.
Elizabeth OWNS testified that the defendal
had stolen from her certain so-called muslin d
lains shown in Court on or about the LIST OF a,
gust. Judge Gilpin doubted goods being musl
telains.
Thomas Burton, Merchant, testified the goot
were what is commonly known s muslin d
lains.
Ben. Dunaho, merchant, testified the goo
were not muslin delains but only calico.
James Anderson. merchant, testified the goo!
were muslin delain. Several large dictionari
were examined, and much wisdom EXPENDED
trying to ascertain whether the goods were mu
liu delains or calico. Jury returned verdict
State VS.. Daniel Coran charged with rcsist
officers of Justice in trying to arrest him. L
fendcnt plead guilty to charge, but said he v
intoxicated at time, and was very sorry II he b
done wrong, didn't know what he was doing
time Sentenced to pay $500 and cost OF suit
Grand Jury found some fifteen bills duri
day.
COURT OF APPEALS.
At 8 o'clock the Court of Errors and App
convened. Judges Gilpin, Wootcn, Wales a
Houston on bench. Case on appeal taken FRI
Superior Court, in which the firms of Meres
Co., of Boston, Hunt & Co., of Baltimore, Q
firms in Philadelphia, were interested anon
themselves. Chancellor Bates announced
opinion of case as In court below Judgem
below affirmed in every respect.
In case of DC. Goodwin vs.. NJ. Collens ella
Ing right of deed for lands &c. Judge Gilpin
nonnced the judgment OF the Court below. Ju
ment below affirmed In every point. In OF
case plaintives pay cost, within three months.
MEssRs. EDrroRs IL have not sent you
proceedings Of Court for some days. simply
cause there is nothing worth publication.
In the case of ejecimcnt, Lunke and Beachf
Us lilies and others-Tenants, decision was In
vor Of plaintlves.
Wednesday of last week,Mr. q. W. Cobb,
man of some prominence, conducting the Mil
Business near Camden, was arrested on charg
defraud, and placed in Dover Jail. His prop
was under execution for debt, when 1t was fo
he was secretly shipping his property away.
had hearing yesterday morning in Court,
was returned to the Jail--the Judge deciding
only in vocation of Court, could tho case ha'
bearing,