The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-02
THE CoURT s.
Interesting Proceedings In the United Statts
Supreme and New York City Courts
A Appeal and Reversal Of Judgment in Bank
xuptuy-Ths Jumei Estate-sllsged Fraud
ulent Sale in Bankruptcy -Mutiny on
shipboard- Notice to
the Bar Decisions.
UNITED STATES supaEms COUNT.

Ourious Contest Ann ing the Early squntsors
IN the West he Active Agents and tapi-
tntists-Astempt to Extort Additional Com.
mission Tor tue Purchnse OF Lands IN tue
VILLAGES Of L hicag0 and Nlilwa ukee-Another
southern lady claimant 20 Cotton seized.
WASHINGTON d. c.. Feb. !. 1879.
No. 81. wright Us. Fuierton-Appeai from the
Circuit Court for the Northern district Of Illinois,
Thiscase originated in one OF those transactions
80 common at an early day at The
West for the purchase OF lands, at the
public land sales, upon Joint speculation, where
one party agrees to furnish the thought, tue labor
and the activity In looking up the lands, securing
the favor OF squatter ORGANIZATIONS 80 peace
fully 10 purchase and get the certificates, una
the Other party agrees to furnish the purchase
men, Of I" 1ve cer,tcatss or deed o. the lauds
a. secu nv, agreeing to convey 10 the active party,
on payment o. ne notes, an UNDIVIDED nal Oh the
upon them IN case in-y were sold. Flu Ier.on aud
one Shepard entered into such an arrangement IN
iaAd, one m the present city OF milwaukee,, anu me
Otner adjoining the township embracing the then
village or chicago. Shepard was tne OPERATOR and
Fullerton was the capitalist wuo irovided me
purcnase money and took snepards notes iOf one.
hall OF IL, al twelve per cent INTEREST, anu received
from him q convey aace OF tee lands upoa an agree
ment TO recover one.hal the lands 10 hnpara upon
sold o. nm. In Match, Is ., before any Of the
notes became due. IN consoles alton o $4,000,
Shepard assigned MS interest unaer Inc aereesas
10 Wright the pla'huh III error Oh WHICH Euiertou
in june, 1885, two days before the nrs. Of the
Shepard ell due, Fullerton sold one-half the
Milwaukee lands ior large advance; anu when,
upon maturity OF the notes. wright, as Shepafds
fullerton reused to receive 10 unless twenty 1--we per
interest instead Oftwelve was pald alleging That
to nave been the Understanding; Nor dad ne stale
the last Of the noIes became due, or
soon a,er, Wright again called upon Fullerton AID
han hxkrQl
and demanded u luiniment Of the contract aad
conveyance 10 nim OF oue-nall the lands Fullerton
to have twenty-dve per cent, and reiusina 70 com.
ply unless II was paid, although oy the written
instrument he was to have nut twelve. Ta!s SUIT
yearsafler The date mentioned In the agreement
tor tAe payment OF the last u the shepard notes.
The answer denied the tender OF payment OF the
Shepard n0tes, DENIED that shepard was joint
purchaser ami ALLEGED that he nSd no interest
averred thar for manv years The lands deprecated
In value, ana that Fullerton mad TO pay the
taxea SC, thereon and tnat no offer was ever made
BY the conlplalnant to pay any part thereof. ana
this laches was reIed upon. The decree Delew was
tor Fullerton, the view being taken tnat the agree
ment bet ween MN AID SDepard Was conditional
sale anu not mOrtgale and II being found that the
conditions were not compled with.
II 10 here ma. nialned tnat tine transaction was q
mortgage, ami the Ccurl Will not apply an equitable
bar Vn tne ground OF laches IN euch q case. where
Que rus seeking 10 enforce trust short OF twenty
years. after adverse possession or equitable CUSTER
mortgages 0uQ Cestut que TUM are exceptions
70 Lne rule. urged that the lapse OF time con-
sttutes no bar 10 bail IN equity TO enforce sun.
Gstng trust and time begins " ran against trust
only from the date VI lis open dlsavowa, which
was not, IN inns case, until the coming IN OF the
answer.
J.. x. Doolite for appellant; @. Beckwitn for de-
fon0ant.
No. t92. Hiocrnia Armstrong vs.. United States
Appeal from the Court OF Clalms.-This Is another
Of The suits brought under the captured and Aban.
doned Property act, to recover the proceeds Of lo2
bales OF cotton, seized in Arkansas, where 1t was
raised IN 1854. The question was upon The LOYALTY
Of the claimant The court below found that she
gave active 10 the rebellion up 10 the last OF
September, 1858, when, on the approach Oh the
Union forces sne ned South. taking win her her
slaves TO AVOID their emancipation by the govern.
nent; and ON TINS showing OF loyalty IL Was held
she was not brought WITHIN the acts making pro.
vision Tor the restoration. and the Judgment was or
the government. IL Is here insisted by claimant
tnat NO act O AID aud comfort 10 the re 'elion was
shown, aud that The facts found 0id not amount
to such act On the pait Of The
United Staaes II 10 commended that the
nndng OF Court sufficiently shows The dIsl0valty
Of the claimant, and mat IN any case she Is found
70 snow aiirmativciv tnat she never gave any and
or comfrt o tue rebellion. which she has not done.
R. N. Corwine Tor Claimant; solicitor General