, 1873-06-18

him that at tho time OF tho Masking Of said con-
tract with Carter m action Of ojootment WAS
pending In the Circuit Court wherein ono voro
Bates King was plaintiff and Edwin Bean and COM
'plainant were defendants, to rccovor tho prom
issB sold by complainant to defendant; that tho
suit was founded upon claim OF title having no
legal validity, and WAS doomed BY complainant
m insigniHcant cloud upon his title; that said
adverse intoroBt had boon offered to complainant
for $3.50 but he did not caro- to purchase 1t at
even that low figure hut that In order to BIO
ab1o to provide Carter with perfectly oloar ttlp
ho bound himself to pay "a, 1000, from which he
Ia now unable to obtain q reioase that COM
p1ainant procured On nbstract Of title on the
27th Of May Inst and caused It to DO presented
to defendant for examination, but defendant
absolutely refused to receive it or examine 1t,
giving IA reason for his refusal that ho pro-
posed to back out Of bis bargain as It WAS not m
advantageous one, and TINT ho would not carry
1t out that complainant has often expressed q
while defendant has invariably refused, giving
different REASONS for his refusal. Whoroupon
complainant prays that Carter may DO summon
cd before court Of equity and decreed to spo-
cifically perform tho contract he entered into.
CURIOUS HoRaE oAsn.
Tho case Of Van Nance '. Bradley et a., an
action Of repleyin wss begun before Judge Booth
Omaha, the plaintin in the presont suit, and ho
found it hnrd work to got paid. Ono day while
walking along the streets Of Chicago no espied .
pair Of horses which he fauciad he recognized III
up their track and got out writ Of attachment
against them. Tho present action for ropleyin
Of the horses Is brought on the ground that tho
horses belong to the plaintiffs wife, and wore
not, therefore, subject to attachment.
RAILROAD CONFEDERATION VERDICT.
Tn tho cAsn of thu Ghfearn Mi1pA11keA X az
Paul Railway Company =. John Hubb ct a., i'm
ploaded with John T: Eborlart ct al., = petition
tor right OF way, triod in Judge Booths room,
tS @ ssaeFs 5 s5easa d 9S so fGbtsvs SG ThS %
tako Of the respondents, John Nubb and AMMO
Nnbb, his vito, Henry Brooks and Harriet
1rooks, his wife, the land or lots described On
tho petition as follows. to wit: Lots 36 to 40,
1o3, and 104, Of Reynold, Lathrop d Falvotts
subdivision OF Block II, Of Wright d Web
ster's Subdivision Of tho N. E. Il Of Sec. Is, 7. 50,
r. IS, 3. Of 8 T. H., mud that tho respondents,
riot brooks, bis wife, arc entitled to the sum Of
$1,000, being $500 oach for dghtcon lots, in full
compensation for tho same. and that tho reapon-'
dents, John Mutt, Annie Mutt, Henry Brooks,
aud Harriett Brooks are entitled to 81, 725 in full
damage to lots Injured hut not taken.
II BANKRUPTCY.
Discharge WAS entered md issued in tho mat
Ter OF Levi Hungerford.
Report Of Assignee In the matter Of Henry p.
ChildH was filed and referred to RegfAter 10 take
proof and report as to correctness.
Tho snles reported wero confirmed In the mat
ter Of Peyton +. Chandler, objections to bo filed,
to tho salea Of real estate in ten days and to tho
sales Of stocks by Saturday.
Tho rule on ). Morgan, In the. matter Of H.
Llebenstein ct al. was discharged.
Reference Of iBsuea on amended petition in
the matter Of Horny Haiat waa mado to Register
johnson.
In thy matter Of Hitchcock l. Endicott, leave
was given to HotchkiBs' sons to provo their debt
against tho bankrupt.
1HE sEA BIRD.
;, Judge Blodgett yeaterday decided the case OF
fhe sea Bla' in admiralty, a, ny, On petition Of A.
Company for limitation OF liability, ordering
that Gilbert Hubbard, Goo. E. Purington, and
Samuel 7. Atwater be appointed appraisers to
.appralse the value OF the lost steamer remain-
ing after tho fire, and tho amount Of freight
commenced suit against theownors from proceed
ing with said suits, or commencing now oncs.
DIVORCE.
Emile Schulz flies lor petition for divorce In
tho Superior Court against her husband Ed
ward. Complainant AYERS that she was married
to defendant on the 9th inst, that ia to say,
last Friday week, and aince that time he has
trohtcd her with persistent. cruelty. On tho
35 day asyn after ter the as rsadn whsa benedict
the bride q suffunion Of bliss aud blushes, ho
bent her 10 badly that he had to cali in the po-
lice to her reacuo. Complainant says she has
also learned since tho marriage that defendant
has another wife living, and, under the circum-
htances she conoludes that the bost thing is a
divorce.
RAILROAD s1our. ....
In Judge Farwel'B room, the case Of tho Lake
Shore & Michigan Southern Railroad Company
on b motion by defendants to dissolve tho In
junction restraining them from building dou-
BILE track east OF Englewood. It was argued by
defendants counsel that tho old Fort Wayne i
with the acquiepcence OF tho Lake Shore Hall
road !; that in 1862 the present Chicago Il Fort
Wayne Railroad Company maa formed, aud q
deed Of the right OF way In possosbion Of the old
they have held possession for more than
seven years, under claim and color Of titlo and
payment OF taxes; also that. being respousibla
aud having gone Into possession with tho acqui-
to prevent furthor upo Of It viii not lie, thoy
having powor under tho statutes for oondem-
nation to compel an assessment OF tho value of
the premises aud payment Tho. argument will
not be concluded until this morning.
CRIMINAL COURT 1TEMs. -
Thomas Crossword was placed on trial,
charged with driving away q horse and buggy
belonging to one John Mulyell. The defense
set up was that prisoner Was "beassly drunk u
At tho time Of the commission OF the ofleuso.
and m attempt WAS made by hiB attorney to
shield him behind the Temperance act," At
the cost Of tLo li4uoraeller, but 1t failed After
brief consultation, the Jury found him guilty
and mentioned $40 tine aud costs a. suitable
Tho charge against Sophia Harris Of Stealing
bunch Of cnrls was dismissed.
Tho murderol1s case Of James Wright and hia
wife, Mary Wright, charged with Il, aEsa1llt, with
thelr daughter, Tho. particulars OF ,vl.ish haya
a1reat1y Deen published, WAS commaicnd