National Republican. (Washington City (D.C.)) 1872-1888, 1875-02-03
THE COURTS.
Supreme Court of the United States.

Supreme Court Of the United States.
Tuesday, February ., 1878
On motion Of Nj. H. H. Wells, W. Miller, esq.,,
Of Winchester, Va, was admitted to practice as
an attorney and counselor Of this court.
No. $780, Myra Clark Gaines, plaintiff in error,
VI. Joseph Fuentes ct al. The motion to dismiss
this cause was submitted on printed argument by
Messrs Durant and Hornor In support Of same,
and by Mr.. ]. @ A. Fellows In opposition thereto.
No; le2. Jno; d; Crosby, sheriff, &c, appellants,
vs.. Matthew H. Buchanan, late sheriff. sc. The
argument Of this cause was concluded by Mr..
Jno. A. Meredith, Of counsel for the appellants
Ralph Slower. executor, ct al. This cause was
argued by Mr.. ]. s. Wise, of counsel for the sp-
peIlants, and By Mr.. W. WillOughby for the ap-
No. le5. The American Life Insurance Company,
plaintiff in error, VS.. z. F. and VIM o. d. MGhoRe.
The argument Of this cause was commenced bY
Mr. Isaac Hazlehurst, OF counsel for the plaintiff
in error, and continued by Mr.. Jno. ID. McPker-
son for the defendants in error.
Adjourned until tomorrow, at II O'Clock.
General Term-supreme Court.
All the justices sat in bGHc yesterday, and were
IN re application Of BiEelow for a maHdanws to
the Commissioner OF Patents; argument was
concluded, and the court overrulsd the motion for
CONSTABLE APPOINTED.
George R. Copeland was appointed county
Harrison NJ. De Hart ct al. VS.. William W.
Dean ct al.
This case, in which Mr.. Jones appears for the
plaintiff and and W. s. Edwards for the defend
ant is briefed as follows: On the second day of
September, 1867, certain property in Georgetown,
District OF Columbia, was conveyed to Mary E. ].
whom she had issue, born alive, and who are now
living. In the fall Of 1870 W. W. Desn be-
came insane; and in June, 1871, was sent to the
Government Hospital for the insane, Wnere he
has been ever since. On the 4th of April. 1872,
Mr.. Dean executed deed Of trust TO F. w.
Jones, ESQ.,, to secure S3,l5s43 to Mark Young
"fOr moneys advanced to complete the erection of
the building standing on the property conveyed
to her." as hereinbetore mentioned, to be paid to
said Young, in monthly payments with power to
the trustee to sell upon default being made In
any one payment. Her husband, being insane,
could not and did not join in the conveyance.
On or about the 9th OF December 1872, Mre
Dean died, leaving her said husband and two
children by him, her surviving; having first eI-
ecuted will whereby she devised said property,
or attempted to devise It, to her brother-in-law,
H. NJ. Dc Hart, upon certain trusts, with power
to sell the same ii, at any time, he should think
it for the interests Of her children. De Hart was
appointed her executor, and duly qualified. Ga
the 18th Of November, 1873, the bill in this cause
W. Dean was the husband, and that Mary NJ
and VIM. .. Dean are the only children and heirs
at law Of Mary z: J; Dean; that w. W. Dean
was, at the time of filing the bill, and had been
for several years prior thereto, incurably insane,
and that the said Sarah q. De Hart, Amelia R.
Crosby and John H. Kaufman are the only sis
tiers and brother Of Mary E J. Dean, deceased;
that during her lifetime, and with the product Of
her own efforts, she purchased the property
Young the money, and that she executed will
as trustee Hereunder, the said De Hart at
tempted TO make sale OF the property, and OBJ
tanned purchaser therefor at fair price: that
the purchaser declined to take the property for
the reason that his legal adviser had informed
him that no good title could be made thereto,
without decree passed by this court, 1.-THE said
will containing such variety Of contingent es-
tates, the incurable insanity and consequent in
capacity to convey by deed of the said VIM. W.
Dean. the minority Of the defendants, Mary NJ.
and VIM. u. Dean, and other reasons being the
grounds upon which the legal adviser OF the pur-
chaser based his opinion; that the parties to the
bill, and having contingent interests under said
will, willing that their interests to the prop-
erty, present and future, should be merged and
passed by any sale made under the decree of this
court, and that it would be greatly to the adyan-
tage Of all parties interested therein that said
sale OF the property, and that the proceeds, after
paying the incumbrance thereon, be applied ac-
coTding to the rights OF the parties interested.
On December 16 1873, the court passed a decree
for a sale Of the property, appointing the defend.
ant, F. W. Jones, esq., trustee to sell. The trus-
tee sold the property; the sale was finally ratI-
hed, and on the 18th Of December, 1873, the cause
was referred to the auditor, with Instructions to
state the trustees account and to make distribu-
tiOn OF the fund.
The auditor iled his report, February "a, 1874,
and also made subsequent report, filed on the
29th Of December last, In which the auditor re-
ported the amount due one Oulllns, who had i'm
proved the building, was s3246O, besides interest;
and he further reported that the amount expended
by Mrs. Dean in improving the property, from
Lne mOney lOaneu neE Dy Dung, was Sz,osJo0.
Both these reports were excepted to, and by an
order passed on the 18th day Of January last the
Justice holding the special term 10 equity, certI-
ned the cause here to be heard in the first in
stance. Under this order, and the decree Of the
general term, as Aforesaid, all questions raised
on any exceptions to the auditors reports are now
for determination.
The case was opened bysMr. Edwards Mr..
Jones replied, and then the court adjourned. Mr..
Edwards will close the argument In the case to-
day.
Special Term-Judge Wylie.
This court held short session yesterday, and
was engaged with few uninpOrtant Cases, no
This court will sit from IL to Il O'Clock to-day.
Police Court-Judge Smell.
In this court Agnes White, for cursing, was
fined s. Joseph Whitney, same, 81. Alice
Adams, vagrant, was sent down for thirty days.
Jere Maxwell, same, sent TO keep Alice company.
Henry Mitchell, for carrying pistol fined so.
Alfred McErOn, yagrant, sent down. Daniel
Bundy, loud and boisterous, IS. Benjamin Lee
johnson, stealing q pair Of pants, three months
in jail. Thomas Turner and Lewis johnson,
stealing q ham, $40 and thirty days. John Z.
Anthony, assault and battery on his wife, go and
saHlt, tl0. David Lucas, assault, IS. Buddy
Adams, a small cOlored boy, assault with razor
go. James Walters, burglary and larceny Of q
pair OF boots and shoes, from store Of Charles
Lippard, held for the action Of the grand Jury.
VIM. Green, assault on Officer Guinness, SO.
Bridget Muldoon, stealing SIS from John Baker,
grand jury: George johnson, disturbing audi
ence, SO. Drigton Johnson, for burglary, held
for action Of the grand jury. VIM. BlackstOn,
stealing $50 from Patrick RayOn, 81 900 bonds for
aetiOp Of grand jury.