, 1874-06-25
THE COURTS.


miscellaneous Itnaincas Trnnhnctod |
Yestorttny.
AN uNhuccEbsFuI DOVER CLAIM.
A case Of great Importance to tho dvcllors In
tho neighborhood OF the University waa decided
yesterday by Judge Williams. 1t involves sho
tttlc to nearly 10 aoros on Cottage Grove and
nhodea nyonucs and University and Douglas
PLACES, and the parka adjoining, worth aoserhl
hundred thousand dollars. TliB 8u,t WAS COM
dozen more Of tho nnn,e oliaractor, by Mrs. Cor
uc]a Russell, widow Of j. D. +. Ruenell,
against tho Dapttat Theological Union;
Mr.. Russell s.mply, stated In bor t}ia hil
dafendsnts e property Without stating tho circaua-
RtanccB. It appears, from the scstmony taken, n
that son,e timo in tho dim past and about 1s3o
Mr. Russell, thon Captain III tho army, sens 70
drive te 1eask!ns ffpn the future wetropoa os
above montioned, consisting of rs 03.1l0 aetcs,
In tho N. i. il of Soc. d, %. a. IN 1927, Hus-
ael gave mortgege to Lis grauto5, Hubbard, A. t9
secure sao829o which pn1orted IT, r. % ssnoa
pIatted anu humber Of lots sold. In 1B4b tho
land waa sold under tho mortgage to
Y nroYn ox9oor sn xa,rp ot oor npIa1a. ot ,
bana's @ death, whioh occurred in 1861, Mrs. l'na-
eoIl appealed the foreclosure care to tho supreme
Court, hoping TO have tho proceedings tcvoraed.
Blo was unsuccessful. md tho tecroe waa affirm
cd. In Juuo, 1871, Mrs: Rassell filed about
her dover on the ground: Us It appears from her
testimony TINT tho mortgage was not signed by
her, but that the signature was attached by hor
band WITHOUT .a9 er fn0"SaS0 1s e5 so eonss%s Sni
East and did not return until 1883. Mrs. Sarah
Oampbo who also is seeking 70 recoyor untold
amounts by Iowa quits. testified that she t,at
Mrs. Russell III tho spring Of 1887 In philadel:
tho fact, but iia NOT reoolleet any circumstances
connected with tho matter. but only the almrlo
faot. Mrs. Russell's memory was aao exceod-
ingly hazy on any matters aa to, to tho charac, &C.
husbands business genofally. A sharp
tast, as Mrs. tsusrel acknowledged, tSat
MIR. Nusso1l mora than onco had signed her
name to doods and other papers without her
kuuw wlodge, that It was no unusual thing for
gentleman to sign Ills wife'e name to dcod or
mortgage, and thai it was tho custom. Mira KuH"
sell subsequently, made another statement IL
which sho qualified vary much her first tenti-
her, bnt sho would not do away with her first
BtatotNent.
Duokner 8. Morris Was also witnosB to tos-
ify as to Mrs: 1ussclls s absence H. .o 10 apr.sG
leoted tho timo becausa IN tho fall OF i859 ho
received O moasago OF Cen. jackson issninB hlb
treasury circular requiring the State banks to
pay specie on tho public deposita T,i Of lint, the
$1,000 for lot and small shanty on It, but
that in tho spring Of 1887 property haa gone
down go he, could not soil It ,o1 TOR s59o;
Moreover, that in July, 1sS7, ,+ nnnao11 naniGI
was ono OF tho committee who wont out to noet
him. Judge Morr!s also stated that blrs. Russell
r1aneu somo time ago that deed made by her
husband whilo sho was absent, in 1886 or 1857,
WAS never signed BY hor, and le was certain tue
Biguatur6 waB not hers.
Tho defendant filed an answer alleging that
). D. T. Russell died in 1861, and that any claim
By his wife for dover was barred by lapse OF
tho decd given In 1887 by her husband and heraelr
that Hhe had roleaaad her dover by signing che
mortgage; that 1t had been released also by tue
foreclosure Of the mortgage; also that 1t, the
defendant, had paid taxes for seven years untlor
color Of title aud lad bouaht tho premises by
warranty deed. Wherefore 1t asked that the bill
might DO dismissed.
Iho case was ably argued by. hlattocks l.
MaAon and IHham i Lincoln for tho complain
aut, md Holden L Moore and h1c0asg Culver
for tho defendant, and Judge Williams rendered
decision yesterday dismlsslug tho bill fo1
want Of equity. The Judge ronarkod
TINT Mrs. Russell had proved thst ahe hed .
q right to impeach the foreclosure proceedings
But she had slept too long on her rights, and Of
ter ten years Ind elapsed could not ho now heard
It was an injuBtice to bona fde purchasers, sht
evidently knew that her husband had had tht
lanl: tl,st ho had d1spoHed Of 1t and tho mort
gage on record was notice to her. It was her dut.
70 nako known hor claim Immediately after he
husbands death. md, having failod to 90 10
ar ain aru aWay y0 TIe claim t6at slo was attempting
to recoyor the whole lind for herself aud sosl:
before setting up hor Dover rights was not SUI
flcipnt GU ste could l,aye dono both at tho sam
tino, anl her neglect was fatal:
ThB in 3 toBt cusc on all lnnu Claimed uhdo
tho mortgage. aud will bo very encouraging t
many who havo had a cloud on their title there
by for the past three yeata. What with the RUE
sell dower-claims and the Douglas claims. tn
most tlan their shnre OF trouble. IN appeal ri
undoubtedly be takon to tho Supreme Court.
BILL TO ugso1kD CONTRACT.
WI. Hayes aud Charles Ihayer executors IN
trustee Of tho estate Of Mary A. .Thayer, tllod
bill iu their hducinry capacity ngninst qeoTge
noso, o. II. Tibbals, q: NJ; TbbalH Jr.. payj
shirk. q. Q. shirk, ". Il. Whitehead n; Ard j.
osns ts s fssend ns II 1ss iRa.fa sry T.
va!''us vnr waa 'se seisea Of tho unalyidod quart
II the ". 4 Of the n. "; x,
an undivided DIG of tho ". q OF tie s. ";
1867, thoy both agreed to sell tholr interests
1..P, Hoso for 81, 100, Of which Mary 4. ThaY
was to receive $4,000, i1 Payments Of 81 o
for tho first two years. apa $4,000 @ year :, ats I
Se vear nJ for pi ppins yea5s Tho iattor snbsaqaent
so!d hlg interest to Mary Thayor, and slle d
leaving tho contract in full force. In Febrnar
1879. tho Trustees gave notice that they Wo,l
reeci11d tho coutraot for tho non-payn1ent OF Il
princinhl, or interest. or taxeh, aB agreed.
tho l4th day OF March, 1873, Tibbats, shirk, q
Whitehead filed D contract, in which ho
agreed to aell them or tho e,u.a nast y !
sfses 4. ". of the Of NJ sso 30 's6s' g, aad
eame day Roae filed pretended map or plat
The premises. III May, 1879 contract "
recorded, purporting to convey to ]. 2. Loo
wood tho remainder Of tho north % acl
aforesaid. Complanants therefore make
nartes Interested defendants, and ask IL
tho contract may DO forfeited and resclnet
for Roses Noncompliance with tho tornis Of
aRreomont
SUPERIOR COURT IN n1IEF.
hforitz Fulkenau tpd Morlt1 Pollok began
suit for 81,o00 against " A. Gilos aud q.
Giles.
CIRCUIT COURT.
Four petitions we're hiel by tho County Agl
to try the alleged ineaulty Of the following P
ticu: Charotts FriBble, Joseph johnson, Ho
6hoomuker, aud pater lsyorson.
Jamea parrott filed petition against Jane
Eyster aud others for mechanics lion on
". Il OF Lot 8. Block Gu, Of School Section Ad
ton claiming $2, 123.2o.
THE GALL.
JUDGE DLopaErT-pasacl casos On the
trict and Bankruptcy CaendArs.
JupoE IonEna-585 to 59o.
JupaE Boori-270 to 285.
JupaE IREE--No call.
Jupux dAnY-a5, Of to 70, rs to 70, 81 to 90