The New York herald., 1870-08-19
SUPREME cousT-spEclAl TERM.
The Evergreen Cemetery Litixation-A
Twelve Years LcEnl Fight-Tbe Action Re


Twelve Years Legal Fixht-Tbe Action Re
newed.
Before Judge Pratt.
me Petition or John Il. Wefsse, orMe city or Neto
FORK and Wtllidne II. B,tne,, or the CITY or Brook
tD7a IN the Matter or the Evergreen Cemetery
James Myers, Jr.. has concluded his twelve years.
legal fight with the trustees Of the Evergreen Gem
etery. MIR. Myers said he carried on the hght for
twelve years and four months, at an expense
to himself OF sloo simply that the rights of the lot
owners might be secured. He claims to have accom-
pshed his object. and, therefore, the Cemetery was
10 have been sold ON the Sd instant, the purchasers
to be subject the laws OF s47 for the regulation Of
rural cemeteries. on the 1st instant however, Win
chester Britton, OF counsel for the above named
petitioners appeared before Judge Pratt and pro-
cured an order postponiDg the sale until after his
clients could be neard.
The argument was postponed until yesterday morn
ing when M Britton again appeared IN court with
most formidablelooKing pile OF documents. Both
sldent or the Corporation OF the Evergreens. The
present suit was commenced for the purpose OF hav
Ing the sale postponed until the petitioners should
be satisfied that their rights would be protected.
In ther petition they allege that the receiver had
agreed TO pay James Myers, Jr.. the sum OF $4,000
out OF the proceeds OF the sale, condition that
would, discontinue his opposition 10 the proposed
sale twas also alleged that no other creditor or lot
owner mad notice OF the sale, which was fixed for q
Time when all persons who would be likely to bid
ar price for tne property were away in the country
They estimated that the property is worth about
$l,500 000 and no provision appeared to have been
made, either by advertising otherwise, to give
proper publicity 70 SO important q sale.
They moved that the orders Of June 10, 1865 and
18th OF June, 1870 made at the Special Terms OF the
Supreme Court directing the sale to be made be set
aside. on the gr0und that the receiver and trustees
should III the first place. account for the moneys re-
ceived by them in their Official capacity The same TO
be applied, and a rehearing had as to the claims
against the corporation OF the Evergreen, before
property Is sold. II was also moved that the order
OF June Is, 1858, confirming the referees report d.
rec,ng the sale TO be made be set aside in the ae
CATION that Its provisions have been superseded and
rendered napplcable by the act OF the Legislature,
OF April %. 1870 and also on the ground tnat the
order Was unconstitutional, being made ex parte
and without notice having been given TO any one.
The petitioners alleged that the sale was not neces
sary, as the receiver had ought to have, sufficient
mOnev In his possession subject to the order of the
Court to liquidate all the legitimate and valid debts
against the Cemetery, which only amounted to
about 500, 900.
General Crooke and James Maurice appeared on
behalf OF the Corporation An affidavit was read
by Mr.. Maurice alleging tnat no proof appeared that
either or the petitioners was a plot owner, that
neither OF them was trustee, and that william II.
Butler was not the President OF the Corporation.
Mr.. BrItton said there could be doubt about the
petitioners being lot owners. Mr. Maurice had
charge OF the books, and must therefore be well
aware Of the fact.
Counsel on both sides then argued at great length
the different points In laws of l847 Tor the regulation
OF rural cemeteries, and also reviewed the litlga
ton In which the Cemetery has been involved for
SO many years