The New York herald., 1871-03-26
He COURT rs.
Petitions and Discharges in Banlrup cy-The
Erie Railway Litigation-The Hogan
Win Case-The Burrows Di-
vorce Suit-DecisioaR
UNITED STATES SUPREME COURT.
The New Albany nnd snnduslty City Rai!
road-Pre-emption Titles TO Public Lands.

The New Albany ard sandusky City Rail-
road-Pre-emptioa Titles TO Public Lands.
WASHINGTON, March 25, 1871.
NO. IFS. The GUY or Netc Albany rs. J. p. Putnam
aaL-Appeal from the District Court for the Dis
trict OF lndana.-Ths bill was FLED by Putnam and
others against the New Albany ana sandusky City
Junction Railroad Company, the city of New Albany
and others, 10 reach the unpaid stock OF the railroad
corporation and apply the money collected upon the
Judgment debts OF the railroad company, which can
not be made by execution. II was alleged that the
city OF New Albany Is indebted the railroad In the
sum OF $l93,00O on bonds issued 10 aid III Its con-
strucion, and IN the sum of $2oo0J0 upon
subscriptions payable bonds not issued,
and that there was then due on the bonds
ISSUED and TO be issued $4,000 IN interest. II was
also set forth That the city pretended TO have CON-
promised with the road and TO have been released
ON the bonds issued and from Its further subscrip
lion. This arrangement, If made, was charged 10
be fraudulent and void, not only because OF the
fraud, but because OF want OF power the part or
the officers OF both the city and the road TO make
such a compromise. The defence was that the
issue OF the bonds was irregular and that there was
no nohcation OF the subscription In consequence or
non-contormity with the act OF the Legislature au.
thorZing IT, ON the trial it was objected that ordi-
nance OF this Common Council OF the city was not
evidence tending TO show legal ratihcation OF the
subscription, and the court overrued the objection.
and the decree was for the complainant. The ap-
peal is based on alleged error in this ruling and In
The decision.
No. III. Alexander A. Baker Us. William s. T.
Morton.-Appeal from the Circuit Court for the DIS.
tret Of NeDrasks.-This was proceeding In equity
10 recover lands claimed to have been conveyed by
Baker, under auress TO one Pierce against which
Morton holds Judgment lien. Baker alleged that
he settled upon lands near Omaha, but was COM
PEELED to surrender his title without consideration
by deed TO Pierce, by threat OF violence made by
armed body or men known as the "Omaha Claim
Club which, In the early settlement OF the Terri
tory. controlled the disposition o. the public lands,
IN defiance OF the laws Of the United States. The
prayer was that Pierce be decreed TO reconvey the
title to Baker, and that the deed or the latter to
the former be declared imperative. Upon the trial
the bill was dismissed, and the case comes here for
review OF the Iacts.
= No. u.s. j. H. Johnson ct al. Us. John ". 7o,os.
leD-Error TO the Supreme Court OF Nebraska.-Ths
bill was nled oy Towsley to compel Johnson, the
patentee, ana his grantees the other defendants TO
surrender 10 him their title lands lying near the
city OF Omaha, on the ground that he had valid
pre-emption the land at the time it was entered
by Johnson. The bill alleged Towsey rendered to
the Register OF the Public Lands his statement OF
an Intention 10 pre-empt but the Register refused to
dle IT, upon the ground that Bennett had already
p.eempted II, and that Benefits pre-emptlon was
afterwards declared illegal by the Secretary OF the
Interior: that Johnson's statement was subse-
quently FLED and his claim wrongfully allowed by
the Interior Department. The Judgment was for the
complainant and Johnson seeks to have it reversed.
on the ground that the proofs failed TO establish the
corrupt influences in his favor alleged TO have been
used.