, 1873-05-22
Judge Gary Renders q Decision
Worth S300,0Uo to tho i
:.
Wallis. :. Il
Bankruptcy Mattors-.-Tho Lamar AZ.
oounts---The Courts in Brief =


contract, In consideration of certain things
done by Vail, tho contract, 80 far as he,
Vail, was concerned, WAS fully oxecuted, tho con-
sideratlon being fully paid. BY tho contract IN
question in this suit, 1glohart agrood to convoy
to h1ra. Z. P. Vail and her minor cldron, within
four months, the ". II Of N. W.:111 and 8. ": Il
Of ssc. 8, T. 81, n. h. a., containing 40 acxsu
near to and east Of Washington Heights. Tho
clause Of tho contract under which the liability
Is claimod T. "a follows: .;"1glehart ngroos as
to secure to Nra. Ellen i. Vail and lor minor
children, in q proper legal mannor; frco from oil
incumbrances or liens, tho land this day con-
voyod In Section 0. 7. 81, N. r. II. so that tho
same may DO held by hor az homestead ind
uso in foo simplo." Tho land was
incumbered to tho amount of. about $4,000 ut
tho time tho contract was eutered into, which IN.
oumbrance "a vii be soon, lglohart agreed 9 t9
into tho land WAS valuod at about $15, GOO It Ia
now worth moro than a250, 900. Tho defonBe aetnp
was TINT Mrs. yal'took; in lieu Of the 240 acrcs
Of land, two mules, wagon, and $500 in cash
bona ade purchasers laches. aud Ill tho ,aual do
fenae8. After hearing tho arguments for tho de-
1enso, and boforo tho plaintltfs' counsel had
chance, tho Court 'do1fYored tho following do
cision = .,
In my Judgment, all tho language about homestead
Ia OF consequence is not Of tho essence of tho
arrangement between the parties nt all tho cona7cr
ary but tho moving 1glehnrt to- require tho
pr9Rerty TO no conveyed as that h!s sister and aor
not Tho consideration ior tho transforTas bis aco
ton fof her and her children Then there is Tue usc
sch 19 1s + as used IL mo
there. There Is no limitation, condition, precedent
Or subeeqent that shall he used ho!ne.toad Il
for hor children. 70 my mind this ia case Of clear
sasy Tss tSa
PARTIES Themselves estimated and treated sufficient
psose t. aaafe n M
ha ss IL tor1ns, to have Sesa 90
that 1gohart had in expectation that In some way
n9t new daelosod 10 was going to negotiate and ut
e1peetson er tho Contract g" of the sad of 4 June, @
si' md as s1ss
Ssn %ons r 1s ps,snt esat
b. had greater tho ta9ea IT, WheR
It e1ear q tncnmbfance. Ali that be lad to do to get
"a OF those taxes at any time was to perform that
GEE mhsn po ps5s s4ns nss0 sss
running through months, and amended, nt tho timo
Of e1ecuton tho rhraatcloy which did NOT suit, md
sapable, with clrcumvontloh and no sdvsatage on
either side; when such havo como tu TINT result I
persons as to all aors Of things which not IN tho
writing think that the complannnsa arc entitled TO
xnplo -SS
Robert Rae and J. ". Beach are solicitors for
&rH Will and ohildren Dent l. Black and SEQ
VII, and Corwin l. Bailey, solicitors for defend-;
THE LAMAR INSURANCE COMPANY.
Tne ltocoiyor III the caso OF Edwin Rhrnhnm
OF al. Y. tho Lamar Insurance Company, report
ed to tho Court yeBterdaY that ho has on hand:a.
sniloons sa amount Of money with which to pay
the Company, as contained in tho report Of tho
Master: Edwnrd Durnham Of al s2,599.22;
Joseph E: Painchaud,. S656.90; Geo. Reilly,
Ta6l:es =; *: darVin, ss28.oo; Horace s.
Alma II: Whitconab, 81, ,i5s. so 1iox. 4: Mait.
man, 95a5:20 f; nosina Mago1soin, .e864:53; :
John ". schonck, So, 251.40 Jerome B. secor,
g, g, ,oa: II Thomns murphy, s1,2s9.o5; Frank
No!a ct a. TOR the use Ct Fres and Second
stovona Ste Sa Ct a., e2cos Augustus r. BOOKER
gu, 26o.41 jacob A: Rotsclild OF a., e2,71075;
Adolph A. blaokall. e2,699.s7; Thomas Bar
ming, s82s. 20; james VI. Keiiio, social; jan,ou @
y: Kollio, aa79.60; Hamlin d Hale, s5 4l5,15,;
Mf5ea haa1sr siths sE a5s Sal!7.55 Mrs c9rnslls p
:25; Frederick Kelnpfor, s2,oGe 90 James i 4.
Warner ot al., O., ,s05. .18 1saao r Ooats, 90, ,6so
Peter Armai, 81 ,6at so Frank 8. Barten ct al.,
s1,ol2.4o; Louisa dnnd, q .2sa.o4; /, Peter Han
T. WsFs VII nse A2aa 4 r'aRs Wm ssnSa tR RoI T.
nolda, 81 1.6M.es; Joseph Zanischock, use
eto., q ,102.2s Alfred 8. Barnes 4 Co.,
g2,6o9:43; charloa 4; Gregory, q ,sos.5s;
chtaS chsass f%oyd}sy E. dysSs &C. 81 a. Ff5 % Sn 5Sogs
Michael psyno, e1,osi.5o: s. 8. DIN. S6sS
3ohn Anderson, $282:2o; james dorman,
e4sl :osi J.w. ca1ltins, s2,doo; Clshman Oalk.
aus, 81 900; amounting to about $50, 900.
The Master also reports that Charles F. Gun
thor and others have filed claims. the validity Of
which are disputed.
BANKRUPTCY MATTERS,
In the matter Of Root j. Cady, tho petition Of
Tho Third National Bank was tlled, and Leave was
granted to tho Trustee 10 sell under the powers
contained III the t1ust-deotl.
IN the matter Of Hugh Patterson. bnnkrupt'a
examination Of certified copy Of the Rogister's
docket heretoforo transmitted, q discharge be
ordered to issue, upon payment Of all ooste.
In the mattor Of the Great Western Insurance
Company tho petition Of William Hansb.ough
waa diamissod and ordor entered referring petit
tion to Register Hibbard to take proof and report
The petition in bankruptcy Of tie Lyon Ruffler
Company WAS dismissed on motion Of pctitfon-
er's attorney, un1ess objections are fllod within
ton days.
In the matter of Alphonso L. Mandol, an In
solvent, Il. L. Jenkins reports the sale, By auo-
ton, Of the stock Of drygoodB Of bankrupt estnte
realizing the sum Of 81 ,226.ee.
The case Of Goodrich and Kirby waB ordered
to DO dismissed II no objections aro fled within
ton days.
4 $4,000 TnEspAss.
In Judge Rogers Court the case Of James
9eary V. Buokner r. Morris was tr1ad. Plaintiff
sought to recover 810, 900 damages for an alleged
traspass on tho caao. His effects, cons[sting Of
full atook Of saloon t1turoe and liquors, which
complainant avors ho casually loat; and they
then came into dofonlant's possession by find
ing;, dofendant'e yersion boing that they wore
sold by plaintitr "a 1andlord for back rent and
purchased by defendant. The case is almost
devoid Of interesting features. It stated that
An appraisement of the value Of the property
waa nnde boforo tho fro by throe exports,
ono Of whom IL q Deputy In tho Circuit court,
but tho!r appralaomont Waa burned up In tho
great fire, and now comes party who is willing
TO swear that tho throo appraisers wore drunk
Mt tho time tloy ylewed the goods, and their Ap-
praisement IL therefore vlueleaa The three
Jolly exports are nov called upon to aWear that
thoy were not drunk, and, al Que OF them re-
marks, ''it is very difficult thing to swear that
one was not drunk on a certain day couple of
yoaIs siuce."