Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-04-01

AN INTERESTING BUILDING ASSOCIATION
Page ys. Stewart, (Callan.) This case
occupied the court Wednesday, and was re-
ported yesterday. The question involved il
which Of the deeds OF trust constitutes a
prior lien upon certain real estate on +
street, Island
The case was argued by the counsel, and
the court Instructed the Jury as follows
II from the whole evidence the Jury shall
ind that on the 24th Of April, 1908, there
existed between the plaintiff and defendant,
stewart, an agreement or understanding
whereby the plaintiff was 10 convey TO such
defendant, Stewart, the premises demanded
for tho consideration Of $500, two thou
sand dollars Of which sum was 10 be paid
In cash, and tho balance TO be secured
BY a deed OF trust upon the premises /,
and they shall further find that the
said cash was 10 be advanced by the Wash.
lngton Cooperative Building and Deposit
Company, so-called, and that said advance
was also to be secured by deed Of trust
upon the same property, and that on the day
aud year aforesaid the said deed from Page
TO Stewart, aud the deed OF trust from Stew
art TO johnson, offered In evidence By the
plaintiff, and the deed Of trust from Stewart
70 woodward u Given, to secure the Build
Ing Association, were executed, and that
whereupon plaintiff aud said defendant
called on the secretary OF said association
for the purpose OF receiving the saId cash
purchase money, and then and there were
Informed BY the secretary that said purchase
money would DO advanced only on condition
that the security In favor OF the said asso-
citation should have property over the secnr-
ity Ia favor OF the plaintiff, and that where
upon the said plaintiff delivered to said
secretary tho deed from Page to Stewart
aforesaid, and at the same time said defen-
dant Stewart delivered TO said secretary the
said trust deed from Stewart TO Woodward
4 Given, and upon such delivery being made
the said secretary advanced the said cash
purchase money TO said plaintiff they should
ind for the defendant.
II the jury believe from the evidence that
Page did not deliver his deed In fee. simple
for the premises In controversy until he re-
ceiVed In exchange for IL the johnson trust
deed, and that tho johnson trust. deed was
to secure payment Of part Of the purchase
money fot the premises in controversy, while
the woodward and Given trust deed was TO
secure q loan OF money, and n the Jury are
not satisfied from the evidence that Page
consented to receive the priority OF tho John
son trust deed, and TO have tho Woodward
and Given trust decd delivered as q hrst
mortgage, then and In that case the verdict
OF the jury should be for the plaintiff.
IL the Jury shall ind from the evidence
that the deed from Page TO Stewart was de-
liyered TO Thompson for Stewart by said
Page, aud the deed Of trust from Stewart to
secure the building association was contem-
poraneously delivered TO the said Thompson,
then they must fnd for the defendant, not.
wthstandlng tho jury may further believe
that at the time Of the delivery aforesaid OF
said deed In fec from Page to Stewart the
said Page had In his possession the said deed
| OF trust from Stewart TO johnson.
The Jury then retired and remained out
several hours, but being unable TO agree
upon verdict were discharged.
John N. Talley vs.. s. p. Brown. This ls
an action for 81 800 on q promissory note,
the defence being that the note was without
consideration, fraudulent and void, and that
the holder received the note with notice OF
the want OF consideration. Verdict for plain
til in the full amount claimed. BARLEY and
Stanton for PLAINTIFF Wilson for defendant.
Van Rlsvick 70. Jones & Rumney. Action
on note for $3.50. Judgment confessed.
Dalshelner q Son Vs. Blonhelm. JudR.
ment for amount admitted by plea In an ac-
tlon for goods sold and delivered.
8. Chase Barney VS.. II. Lindsey. The
Jury were sworn In this caSs, and II win be
proceeded with At the opening Of the court
today. -. 70
cAsns TO-DAY.
The following cases are assigned for trial
to-day Nos. $40, 3l5, 895, SIS, 140, so, lis,
l25 269 al, 449 438 900 44b and ab0 and