National Republican., 1874-05-20
THE COURTS.
SUPREME CoURT-GENERAL TERM.

SUPREME ECoURT-GENERAL TERM.
All the justices set in bane yesterday, and we're
engaged as follows:
White ct al. VI. the Freedman's Savings and
their Si against the Fresdnan s0 SAVINGS aSS
Trust Company and Beall Baker, and alleged
that by virtue Of the authority Of several deeds
they sold, on the 18th, 1sth and I7th days Of April
1872, the goods chattels, and personal property In
the t James Hotel" ~ in, in the he city Of Washi1gton,
Beall Baker and the Freedman's Savings and
Trust Company, each demand the money; that
they pray that the defendants may be compelled
to interplead.
The defendants an,wsred, and from the admIs-
slons in the pleadngs, and the evidence, the fol-
ON the aOIh day of March, 1857, Alpheus
Middleton I and John Hyatt s1eSTtCEs Of
deceased, and Benjamin Beall, one of the de-
PENDANTS, made q lease under seal, to George W.
missed to the Iessees. for the term Of Ave yssrs
from April 1, 1867, the hotel on the corner OF
Sixth street. and Pennsylyania avenue then
as hest. James Hotel" reserving yearly rent
of D, 900, payable In equal monthly installments,
on the last day Of sysry menth: The ieasec
quiet enjoyment, that the tenants should not sub
let without the written consent Of the lessors and
ON the 9Th day Of April, 1857, Bunker and
Crosby, the lessoes, being indebted TO A. T. q.
Dodge, for the purchase money for tho goods,
chattels and personal property in said ''Claren-
don House." In the sum Of $500, gave
their two promissory notes, Of that date
said Dodge, inn in nine and twelve mOnths ss Tsspec.
lively, with interest; and to secure the pay
ment Of the said notes, executed and delivered to
the goods, ehattsls, and personal property In the
On the ID day of October, 1888, Crosby, with the
consent Of the landlords, sold out his entire In
terest in the said lease and personal property to
George W. Bunker and Thomas N. PloWman,
and retired ron the sne On the e5
promissory notes Of 500 saeh being for the pur-
chase price OF Crosbys interest; Ito secure the
pisinsns, P6iiiiPs deed of trust on Il the lei lease
hold estate, all the goods ,chattels household and
Kitchen t farnituIs iq the said hotel then called
goods and chattsls, &C., which might be put into
the premises In substitution or renewal Of, or In
siSo On ali H. xoOSs cSasisi. Sc Which miSh. Be
put into the addition to said hotel then being
erected, and on the lsasshold interest In said ad-
dition.
In December, 1868, an addition to the hotsl was
completed by the defendant, Bsall, which was
rented to Bunker & Plowmau, at the rate Of
instalinents, and such addition was Incorporated
into, and thenceforward formed o part 6g the
'St; James Hotel. but was the exclusive property
ON the 18th Of April, 1859, Bunker PIowmau
executed decd Of trust on the leasehold Interest,
complainant. Phillips, to secure TO the defendantA
Beall Baker, the payment an account for
groceries for 5000, and on the 10th Of December,
1859, they executed and delivered to the eoms
plsinantf White, deed Of trust on the same
property to secure to the same parties, the pay
On the i2th day of March. 1870, one of the notes
for % 500 given to Crosby. the other being paid,l
was duly transferred to the Freedman's Savings
d a
for sl $50, given to the said A. 7. .. Dodge, was
transferred to said company BY the holder thereof
Plowman sold all their interest In the hotel
lease, personal property, &C., TO John Spieer, who,
possession OF the house and personal property
about the 2sth day OF APRIL following.
Spiesr so purchased the lease Of the hotel,
$500 in cash, and, In addition, agreed and
assumed to pay the rent then IN arrears
and the lien; upon the personal property herein,
about the sum of sis25o. Tie s, 500 was paid in
cash to Bunker and Plowman, and q large sum
This sale to Spicer was made amer frequent
consultations about IL, with Beall, who acted for
himself and as the agent Of the other owners OF
tiou. And il was agreed between Spicer, Bun ker
& Plowman, and Beall, that Spicer should as sumo
as part Of the purchase money; and Beall agreed
to accept Spicer's promise TO pay said debts, and
to accept and recognize him as his tenant In lieu
and Plowman from all liability for rent due or to
become due In other words Bunker and PIow-
man we're 70 yaeate the house, and Spicer was TO
step into their Shoes and carry the hotel as the
tenant Of Beall and the others. Upon the
faith Of this agreement, Spicer parted with his
money, (about thirteen thousand doliars,j Bun
ker Plowman with their property, and BeaII
received all the money he could get and ayailed
himself Of all the advantages of the exchange
Before the attachment suits hereinafter mem
tion Spicer had paid all the rents due from Bun
ker Plowman at the time Of the sale to SPt-
On the soth day Of August, lsT1, q suit at-laH
(No. SS49) was commenced IN this court In the
name Of Benismin Beall, Alpheus MIddleton, and
Jesse middleton agapss Bunker ss ssseSment wss %
issued aad served on the personal property IN 81.
James Hotel The defendants In this suit DID not
appear or plead, and judgment BY default was
entered against them for the sum Of SOS; and on
the 18th Of January, 1879, an execution was issued
and svi:d on the M A9s on sdo
Beal against the same parties, for rent in arrear
with like proceedings, and Judgment for e383.S1
On the s0th Of December, 1s71. two more suits
like the others were begun, and Judgments were
entered ard levles made as before.
. These suits were begun and prosecuted to tudg-
ment, and executions were Issued as ii the plain
tifs were the landlords and Bunker s Piouman
the tenants Of the hotel and the owners Of the
property, entirely ignoring the sale Of Spcer and
on the 18Th, 18th and nth days Of April, IsTz
suit was SrouEht to seitis the rsspsctiTs right or
the claimants 10 the fund.
The Freedman's Savings and Trust Company
claim under the trust deeds Of April ., 1857, and
October 2, 1ses and the other parties claim oy
virtue Of the statute creating Hens In fsvor Of
landlords and the judgments above e-mentioned.
The case WAS argued BY Mr.. TOtten and Mr..
Davidge, and submitted.
Ouid vs.. Founding. Hospital. The argument
IN this case the merits Of which was reported yes
day was concluded BY Mr.. O. ID. Barrett, and the
court held the case under sdvisement.
SPEUIAL TERM-JUSTICE WYLIE.
This court entered . number OF routine orders
yesterday.