Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-07-30
The Jumel Litigation.

THE CASE REMOVED TO wAsHINGToN-WBAr
THE SUPREME COURT WILL BE CALLED UPON
TO DECIDE.
The celebrated Jumel estate litigation, which
attracted 20 much atten;ion in this city some
time ago, has been finally removed to the Su-
preme Court in Washington, Mr.. George Wash
Bowen Jumel. having perfected an appeal to
the United States Supreme Court from the de-
cision of District Judge Blatchford, in the
Chase, of New York CITY. Mr.. Merritt E. Saw
yer, Mr.. Bowen's solicitor, fled the appeal bond
In the New York southern district clerks Office
the sureties being Messrs. VIM. H. Bacon and
John Eeefe, merchants, of Providence. r. l.,
each or whom justites in $50 900. 1t will be re-
membered that there are two sets of litigations
pending between Mr.. Bowen and Mr.. Chase in
estate, on Washington Heights, which is valued
at several millions of dollars. and part of
Wnich, 1t Is suspected, has really escheated to
the state of New York.
One of these litigations is a series of common
Jaw actions; the other is an equitable suit, Mr.
Bowen seeking, as only heir of Nine. Jumel to
recover her estate, which is IN the possession of
MI: Chase. As Bowen lives in Rhode Island,
ana Cnase IN New York, the United States
courts have jurisdiction. Mime. ,Jumel a wild
ow, died interstate in 1865. The first of these
eJectment actions was tried in 1872. and the
jury disagreed. A second trial was had in 1872
consuming about three months, and being one
OF the longest jury trials Of a civil case ever had
In this country.
Before this second trial the presiding ,yudpe.
Hon. William ID. Shipman, ruled out of evil
dence all statements of Mime. Jumel recoe-
hlzlng Bowen as her son. The Judge also adj
mitted papers into the case for a comparison of
handwritings with those already proven, to
which rulings and others MIR. Chatfeld for the
p,aintlt, excepted. AT the close of the trial,
Mr.: OCcnor, for the defendant, asked the
Judge to instruct the Jury, as matter of law
that certain deeds and conveyancas had had
the effect to deprive Nine. Jumei of any legal
Iescendable interest in the land, and had re-
a IN utatn r..
mad expired at her death; and had given a legal
ute in Zee, after her death, to the children of
CWho are grantors to- the defendant Chase
Judge Shipman so ruled, and directed a verdict
Tor the defendant, Chase, and Bowen sued ont
writ OF error, carrying this question of Chase,s
legal title, as well as his other exceptions to the
Judges rulings Oh the evidence, to the Supreme
Court. In the meanwhile Chase had com menca1
an action for equitable relief, on the egnity side
OF the United States Circuit, against Bowen as
deie en setting up that he could have no
rellef at law. His bill of complaint averred
that bis own title, under these deeds and con-
voyanees, was not legal one, but surely
equitable, and asked the Court to establish and
uphold it, and TO prohibit its future disturbance
by Bowen in actions at law.
In answer, Bowen insisted that Mme. IN
mel died owning the lands in controversy in
ieei that the fee descended to him as sole heir,
and that by the revised statutes OF this state he
is entitled TO have two jury yerdicts in an eject
ment suit, aud cannot be enjOined from pnrsu-
ing bis legal rights. Judge Blatchford over
ruled these pleas, and held that Chase had an
equitable bill in the lands mot legal title
az Judge w. ID. Shipman had heidi, and he ac-
cordinglv granted an injunction, prohibiting
Bowen from bringing any other suits at law
than the four now pending. 1t is from this de-
cree that the last appeal has been taken.
The questions which go to Washington for de-
cision now are, whether, supposing Bowen to be
Madame Jumel's son and only heir, Chase has,
nevertheless, title by deed superior to his:
and If so, whether it is legal title, pieadable
in an ejectment suit as Judge Shipman held; or
whether IL Is an equitable title, only to be de-
clared and enforced by a court of equity, as
Judge Blatchford holds; or whether as Mr.
Bowens counsel, General Chatneld, insists, it
Is no title at all; that Madame Jumel owned
such lands as had not escheated to the state, in
fee, and dying intestate, Bowen succeeds as
heir at-law,