Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-02-07


sUPRrrn CouRT or run DIsrRIcT or Co
LuMbIA.--Ali the Justices sat IN baae on
rBnturdav. and ouIte a number Of important
cases were decided.
ETroRHEHs ADMITTED.
Lester L. Bond, Of tho Supreme Court Of
tho United States, was admitted to the bar
Of this court.
W. 8. Bosnian, a young colored man, ap-
piled for Admission 10 the bar and was r.
forred 10 the committee for examination,
George r. Edwards was admitted 10 prae-
tce at the bar. 20
NAMES or LAW srupErra TO nm RRoonnxp.
The Chief Justice Announced 10 the bar
that the clerk Of the court Would hereafIer
keep book In which 10 record The names Of
students who begin the study Of law, the
ONCE at which they study, and the date Of
beginning.
coNsTAnLH.
Daniel Mclaughlin was appointed county
constable.
Tun RETURN or PROCESS.
Mr., DayidRe called the court 10 question
upon which The ofiicers Of the court charged
With the execution Of process thought there
was some obscurity. That ouestion WAs as
10 the period within which process OF SUM
mons was 10 be returned when Tho defendant
was "not found" The court thought that
the return should be made at the drst rule
rs hay occurring twenty days amer the Issuing
OF the summons, and directed that a rule
be prepared to express that opinion.
II was Afterwards stated that an act Of
Congress allowed tho marshal in some cases
10 retain process six months before making
his return.
IMPORTANT Decisions.
The court then proceeded 10 deliver opln-
Ions on the following casesi
THH o'LnART CASE.
Boyle vs. O'Leary. Case reported wheh
ht hearing. IL IL an application TO set aside
sale OF real estate made under deed OF
fust, on the ground OF Rross Inadeauacy Of
consideration and want Of authority in the
rustee 10 sell In gross.
Chlot Justice Cartier said; In the case Of
Boyle 70. 0'Leary the court have come 10
he conclusion that the salo ought TO be- set
aside. The central question In this case
vas a very simple one. Il was whether 4
trustee could vary from the letter Of the
bower 10 make a aale under decd Of trust,
The case In substance shows a debt So
cured BY deed Of trust with the right In the
trustee TO sell In default at public outory.
THAT at the sale he put up lot with the
privilege Of lot i. There was q mISsalo
previous to this, but that Il unimportant
rhe sale was conAummA BY a ealo 70
D'Leary at cents a foot, the second lot fol-
owing without cutlery.
This sale was under deed oftrust. A deed
BIZ trust was no fayorite Of the court, for ID
but the debtor at the mercy OF 4 creditor.
The question arising on this sale was whether
he sale Of two lots under a bid upon one
vas q fraud upon the debtor. The court
zee that such method dlminlshes competl-
lon by excluding from composition any
bidder who desires 10 purchase one lot only.
Now in this way the debtors interest might
30 seriously compromised. In this view the
bourt held that the sale was in fraud Of the
lebtor, and should be set aside. The court
would hold the trustees 10 the letter OF their
authority.
Judge DIN said his experience had led 10
special knowledge OF these cases arising
luder deeds OF trust. He thought that there
nd been more fraud In sales under such
eeds than In any other which camo before
llm In this District. The court had, there.
ore, determined TO exercise the same power
pyer trustee in deed as they did over q
rustee appointed In chancery.
fHE wALLAcH CASE. y
Charles wallach vs.. W. ID. Wallach. Tho
ubstance Of this case was reported while
was on hearing. ~ I'D
Chief Justice Cartier delivered the opln-
on Of the Court, in substance as follows
This case, unlike the case OF O'Leary,
While 1t involved a sale, did not involve the
Falidity Of the sale. The sale was valid,
but the complainant seeks TO make W. d.
Yallach a eonstructIVe trustee OF Charles
Yallach. The evidence shows that deed
trust had been made by Chas. wallach q
lady in Maryland 70 secure a debt, and
hat she had become alarmed for the 20
urity Of her debt, Inasmuch a. Ohas, Wal.
ach was suapocted At the time Of irving ID
make the property less valuable. Ahs de.
handed a rule. W. d. wallach, under thoSs
lrcumstanoes, repaired 70 the auctiouoer
nd told him that he Was 80 busy with the
daIrs OF the nation that he could not spare
much time TO attend the sale, but II the aals
ras made brief he would attend, and thai
wanted 70 protect the family OF hi
rother. He was advised by Mr.. Fisher how
could DO sold, aud the probable breylty Of
he sale, and Ii the court acted on MI
lSher's opinion II would sond this case
fter that or O'Leary, but the complainant
o not AJAX this. They ask that the sale 10
N. d. WallAch, the purchaser, DO held 10
ave been purchased for the benefit Of Chas
Wallach. We md in the evidence an idea
sympathy for the family Of Chas. Wal
lob, but there Is no evidence whatever thai
had any intent TO benefit Chas. Wallach
Imself. Y "
Al the sale there was q large crowd Of cill
aps-real estate buyers-who came 70 buy
aIe was made IN the presence OF ali OF them
nd Of the trustee. Undoubtedly there wa
.. .h.t N Wau.ak lnta,aa.
lmP.ooaivn snht " We,ihS. ,nsenv = I,
buy LOT the penent OF Onhrles WanAen
hmlly, but there ID no evidence that Mr.. W
Wailach said or ala anything 10 produe,
-, InnrN..Ion-
JAY in, IniPIesen'
Vac trustee was there no maao the eAle
efatlhod the sale, and there 10 no attac.
made on the sale that Is allowed to stand
=, the court ia aaked ~ conaider w n
" ny 49,. - - hNe.SSH ~, -.
aliacn 10 trustee ior nis pIo.ner OnhIios
lhts purchase. Thls the court cannot do.
Although the property sold below Its coat
RloW ia intrinslc value. vet the eyidenc
~. mai M hrought = .ood Mo. 4, ~,
~ T. ,l.. Ia n, - ~ Ns -, 49,. - ~
INC " Va solu. vas ny tnV,e tnAn nAl
coet, u 10 true not what II sold Tor Wher
he hopes OF the nation and ita capital 70
we'd, and II was found that Charles Wal
M 6-Ienda copld NOD d..trov M -
M, 100 - as,-ss ~ ~ -. 4.
Inc eouIs hau o0mo 70 TUG eohviuAlon y
smlss the Dill. They consider IL q fai
ase 10 DO resolved by two brothers uude
bo lava Of fratarnityt that IL ahouId N
a. tha Ia ~ ~ ohari,Ia. snd ,ho
n1ot ~, ~ NV " Wv soo, enu ne
Cd settle the question between them Whel
hey have got through. Bill dismissed.
6rouK oInmLINo RrO -