The New York herald., 1873-12-18
BROOKLYN COURTS.
SUpHEgE COUaT-sPECIAL TERM.
The Atlantic Avenue ImprOvemc mt.


Before Judge Gilbert.
An action has been brought by M. A. Sorchan
and wife, as trustees, against the city, to vacate
two certificates OF sale for unpaid taxes OF 1871.
The legality OF the Atlantic avenue Improvement
assessments is involved in this suit. and II is
alleged that the Board OF Assessors failed 10 con-
form to the explicit declarations OF the statute as
they omitted to certify to the Commissioners OF
Assessments their estimate OF the cost. The case
was before Judge Gilbert yesterday and counsel
submitted their points without argument
Struggle for Child.
During an action instituted by Francis Hoke, OF
Kansas against his wife for the custody OF their
child, which the father found in Brooklyn after q
search throughout the country, the little one was
placed in the charge OF Norman Cross of this city.
The suit OF Hoke was postponed for a month, and
In the meantime the child was taken from Cross
house and carried to Kansas, where II now Is with
the mother.
MI. Hoke applied to the Court to have Mr.. Cross
punished for contempt Tor allowing the child to be
taken away. Mr. Cross yesterday Claimed that
he supposed his custody OF the child was confined
to three days. the period OF the nrst adjournment
further adjournment for month.
Judge Gilbert referred the matter to Counsellor
Burnett to take testimony and report.
Real Estate Litigation--To the Court Of
Appeals and Back Again.
Mrs. Nelly Hewlett several years since brought
suit against Samuel Wood ct al. lor the partition
of real estate in Brooklyn and New York lett by
Abraham Wood, deceased. Mrs. Hewlett subse-
quentiy died and the action was continued by Abra-
ham Hewlett, her son. 1t seems that Nelly Hew-
lett and Samuel Wood were the brother and sister
OF said Abraham Wood and were his only helrs-ar-
law at the time OF his death, and as such claimed
title to his real estate. Samuel A. Wood and Miles
Wood claim an interest in SAID property by virtue
OF an alleged will and codicn, and have put In
answers setting up this Will and codicil in their
behalf to the entire exclusion OF the plaintiff, and
the infant defendants, by their guardian al Item,
put In answers submitting their rights to the pro-
lection OF the Court.
Tue plalntir insisted that the will and codcil
were vOid and that Abraham Wood died intestate.
Issue was joined, and the tried in Novenl-
ber, 1870, at Special Term, in this county and on
said trial the complaint was dismissed with costs,
on the merits. From this Judgment the plaintiff
appealed to the General Term but pending the
appeal, and before argument, the plaintiff, Nelly
ham Hewlett her only son ana helr-at-aw, in
whose name, by order OF the Court, the action was
continued The General Term in March, 1878,
affirmed the Judgment of the Special Term, and
the cause was carried up to the Court of Appeals,
where the paintln was successful, and In NOvem-
Der, 1873, a Judgment was rendered reversing the
Or0er OF the General and Special Terms and direct
ing new trial to be had, with costs to abide the
event.
The case was before Judge Gilbert yesterday.
when plaintiff moved that issues be framed and
the cause be tried before jury, claiming that the
alleged Will and codici were obtained through
fraud.
Counsel for defence objected and contended that
the pleadlngs raised only questions OF law
The motion to frame issues was denied, with SIC
costs. The case has been set down tor trial on the
29th INST.