, 1869-04-12

1
occupied only as = dwelling house At Tho time Of
caused b. such vacant condition Or e,snE: :msAing,
cn.r.es Il Beckwith '. Carron 4 Aorgan- For
sumo '. P. @. GA1n. For s143.
Same '. A. J. And -tance- For $3.50
Same '. James Gibbons and --o:Aauey. For
Painek oSet1l ', 1homxs 4. Duay. Judgment
agalnss The Trades1'Nauoual Bank. Is sarniahses.
PstI.ck gSetu '. Thomas IL DunJ' BY contes-
Ah.on r Niles '. George P. Sullivan; BY eonfes-
In the case Of Peter Lynch, minor, who snes BY
ceedpE for divorce, she % husband o Sconpla,nsns, @
was ordered to pay 10 autt money, Is well a. 80 a5
per .esk sk1f tsmporsEy s11@ony. 70 ne vie
i The following decision wa mAde BY Judge
Jameson tn the caae oi CoEswell 4. Green '. The
j Enkno*n Helm 81 Henry Moore, deceased, VII
I portauce 10 real estate owucI1 US Affecting pro
ceedings to forcclose nortgagc1 Is well a. ID the
matter Of sustaining court records. The decision
To understand this case, 1t VII be necessary to
rectie the facts al some length Ths lscta AT
mainly agreed upon and presented to Tho Court 10
On the 18th day Of June, 1883 ". r. Ogden sold
q 20 hta aoo oq g saPas
sum, ai,:zS was paid Ia cssh me balance 10 b.
| paid In two payments. II one And two veatA With
samuej nincEey ia soa., Neois ei1ns IL asn no5s u
! 10 nlncte, Tor one-half oI that sum, which note
haa never been paid to this day.
| complainant did not know OF the fact about Moore
| not eontrlbusing to he payment AZ the time be
e ; HnsseI sRa
I for the unpaid balance Of 8, s5o to ogden tnei,
pond md mortgage, payable IN one and Two }eata
the following july: In November Of Iss5, ogden
| aastGned this bond and mortgage to Charles But
| Ter. who, In August 1888, assigned It to Samuel
Atncksy. = relassse, and believe, The grandfather
o. she d jais, Isl. Henry Moore, ons Q, tbs
tons owners Of the propertY, raade h!a bond q
cure s. IN, to he paid on Of before The ist Of Jan
naEJ ls47 that Is about ten yeass With interest =!
seseh per cent, and On The same day, executed
| his mortgage TO the complainant, To secure thli
bond, upon An undivided one-shlrd part Of these
Two lots, his entire interest," which he had alreadJ
moFtEaged, telng az undivided half: there Ieina
to Ogden, now held By Samuel nlncEley, aad the
o;het 90 third, gtrcn7 A. abose stated. b. Moore
10 this complainant sub}ectto the former.
feqnst 81 Samuel Hlncliey, The holder of tho nras
sqe4 1; qn a2f 41 ma, = u as
use Of samuel uinckleJ, aud was Against Htnckley
NOnfay Of March, lssS. Upon this wit return
WAS nferwanls made IN February Of ''not found" "
On the 4th oi AprN an alids sci ia. was Issued,
rctuEnslle to the third Monday OF April, 1889, q
| term then held This also IVES tctufne1 on the
| Ism A1H1t tnut 1onnot'
Sox VI Il happened M taas @ ny stasots o. March;
abolished ana ali ws1ts anu pFpceas nade return.
able 10 II were repaired To ne returned at the
| suing April term. There we're thus two wr1ts OF
al IA fetusnalfe 10 the same term OF Ap1l, 1880
the nrat BY operation Of Law, and the second By
the act Of ihe naty Issuing the wit alter the aei
IL the y meantime a on the 9Th of Apn,, 1889,
speciAl term ot that court called Tor The 1lth
u Ma, isss and at this My term !aiSmsni fot
Court recites that sit appearing to the Court thai
| two writs OF sei. }d- have been tssued and re,
tusnea not found according 10 INV" decEte VA
mortgage.
In the 18th June, 1883, special writ OF sei ~
,ne ,sfs 5niy, isss 10 samaes Minekiey 1os sa,oso
and certificate was Issued TO him.
II will be observed here that on this sale Of July,
1ssa, redemption would be allowed for infect
months WHICH would casTJ 1t down to l8a0 or 1sl1
Before lnia time Of redemption hal expired, ant
before any Sheriff. decd had been issued on tht.
land to samuel l. n!nckley, und In the deed OF 10
lease there wns covenant OF "uon ciaim,'' a. i
mttcd Thnieyer tile samuel Htnct;eY ever go
1t should gel should inure TO the Oenent Of Samue
/. UlpCkey, Inc consideration Of thls re1eas
vas The amount pald by samuel Hinckley, &, ,o,1
in Soyember. 1s4o. SherilIb detd ts3nci i
samuel UInciicy. and a have said, by Operation
aue prc.se, 70 The bsneot ,.s 81 sa%os 9s
The bjlI ayer4 that an tbe 1itb Of September
lsn fientT Moore dcc,Icd the und
being bis resIdnary interest subject to tic ts,
mnrtrarra. he having given fnor1ra9e fpr one
thlr1l oi f1s propcrty TO Richard Allen, subject t,
"a 9Sen ee pf fae see s.s n1 o.
par1 to samuel l. Hinckiey. sabjess o tne an
|
tha Tnc asn ,n,rTs.s or II ioth ue nront5en1s tst
subject 10 any eopsties hat might be outs.nnoln
to Moore; - ,n,.,.n,,,r, .,n,,,.. tn ~. =,
nn anothrr % freL Ihai Samuel l. uinstIey conyeye
Nn En fbr., a. farts there ar,se seycra, oue.ttou.
ria frat reisscs 70 The validity Of the foYrcln
ure. In he nsne Of ogden. fur ihe use Of Samu
. I;nctieY - mi. forrcIo.urr therr haFa a5tae
tHn oninr,,one ~'A-7
The iFst u that A. a us,ter o, law there was b;
) one ~ ID. asued and returned nth.l aA.h1ash,
% l5sTe Was really Gus one VII Two Writs are 1ou.
sh9 eass ss,a oa,eeton It i, answered ,n,, the :,
= wits were ccftainiJ good fof one retarn oi Mi
rau resnrnaSie. and nc sprcisl NAV term =, vii
c tse default was entered. nearly = month tntt
p1oa dur aa,ps % rhlsn 1,,,a angsaeF afs
!, that snasnueh ss the Court IN scnAer4ns Its }ad
,e Tnens rec4ted that appeared there haA been Il
Il ing to law, II mus, be presumed auo,her writ
II aiterward returned.
- an sausuefl that this answer to that object
,, q Epod onn heIe y ne iadEMshl 81 tae S3a S,
ID | 10 hsae ita Judgment, and there arc hut t,
~ Nrtr6 out Of me thrre which tn {act tasuel NJ
:" fonnI the Conrt ,s bound "a prfsuma that one
10 them was lost: In fact, this precise question !
az precisely the sauae statute: that Is, the same Ct
- - Ute abo,ishinC the March tern-ths statute
er March :, 1892 IN the case Of Ahfr .. HanJy,
C. III, ~ whsch eusds ta3t }oaemenI eontaaoa
IN recsrats such A. ate centsintd herr, the CouH
le no .ek 5a,, N faes, Was feuna On the nles Of
~ court any Coun oeteaEcf passing on tnt qntsu