National Republican. (Washington City (D.C.)) 1872-1888, 1875-01-29
THE COURTS.
Supreme Court Of the United states.

supreme Court OF the united bLates'
THURSDAY, January Is, 1875.
On motion Of Mr.. O. A. Seward, Charles NJ Da
Costa, ESQ.,, Of New York city, was admitted to
practice as an attorney and counselor Of this
court. r....'
The Mayor, &C., Of New York city. The argu-
ment Of this cause was continued BY MI; Aaron
J. Nanderpool, OF counsel Tor the aeienaant ~, IN
No. 157. washington R. VermiIye ct al, appel
cause was argued BY MI. 8. A. Seward. Of coun-
sci for the appellee, and submitted on printed ar
Runents BY Mr.. ]. E. Burrill, for the appellants.
No. 158. Matthew Ryan, appellant, vs.. The
United States. This cause was submitted on
printed arguments by Mr.. T. ]. Durant and Mr..
BY Mr. Attorney General Williams and Nj. So
licitor General Phillips for the sppelIees.
No. 159. The Cedar Rapids and Missouri River
MiitoE GOurtriE5f. This cause s was submitted on
printed arguments by Mr.. Isaac Cook, Mr.. N. NJ.
Hubbard and Mr.. Jas. F. Wilson, Of counsel for
for the defendant in error.
No. 1853. The Chesapeake and Ohio Railroad
Company, plaintiff in error. VS.. Samuel II. Early,
&C., ct al. Continued per stipulation.
Adjourned until tomorrow at II O'Clock.
General Term-supreme Court.
All the justices sat in bdHe yesterday, and were
engaged as follows:
Lewis Abraham was admitted to the bar.
John Mcdonald ct al VS.. st. Nincents Orphan
PENDANT is body corporate by an act Of Congress,
empowered and authorized to sell and dispose OF
certain property which by said act was to be Sc
lected and conveyed to said asylum as in said act
provided. And that in pursuance Of said act, the
said corporation became possessed of the'hereinsf-
ter described piece Of land That said corporation
authorized one Thomas Carberry, now deceased
to sell said piece of land and to contract for the
sale thereof as its agent, and to receive from the
purchaser the purchase money. That said Car
berry, by virtue of the above authority, did, for
and on behalf Of said corporation, SELL and con-
tract to SELL in fee simple, unto Hugh Mcdonald,
that piece Of land in Washington city, ID. O., and
being all of lot II and part of lot Is in square 49,
That said Hugh McDORald, by virtue Of such sale,
went into possession Of said land and nclosed and
fenced in the same, and made other improvements
thereon of q substantial and permanent charac-
ter, and continued from the time of sale, which
was some time about the year 1858 until his death
in January, 1866, in the uninterrupted possession
and enjoyment Of said land, making from time to
time, as required by said asylum, payments on
account Of the purchase money for said land under
said sale-the amount OF purchase money to be
paid being at the rate Of eight cents per square
foot. That all or the greater. part Of said pur-
chase money had been paid to said corporation, or
TO its agent Carberry, at the time Of the death Of
said Hugh Mcdonald. That said Hugh McDon-
aid died intestate without having disposed of said
land, leaving as his heirs the cOmplainants, who
have been in possession of said land since the
death of Mcdonald, claiming ownership. That
the asylum at the time Of sale retained the title
to the land, but only as security for payment OF
the purchase money, and was to convey to said
Mcdonald, upon payment OF all OF the purchase
money, which compartments charge was long
since paid; but If any part remains unpaid, CON-
plainants tender themselves ready and willing to
pay what may be found due by the court, and
which the defendant claims to be only few hun
dred dollars. That the said asylum, in disregard
Of the rights and equities of said cOmplaiRants,
sold and conveyed said land to one John Stearns
The prayer OF the bill is that the asylum may
be deereed trustee for cOmplainants for the
amount Of purchase money received by it from
Stearns, subject to what, II anything, may be
found due to asylum from the complainants; that
an account may be taken of the same; that COM
plainants may have general relief, sc.
In answer the defendant says it knows nothing
Of the sale alleged to have been made, and re-
Quires strict proof thereof 1t that there is
such sale, or to any sums Of money having been
paid by the said Hugh Mcdonald, or by any one
for his use on account OF said sale or on any other
account to defendant, or to said Carberry, as its
alleged, and denies that 1t has ever received any
money from the said Hugh Mcdonald, or from any
other person for his use upon account Of said SALE
or any other account. 1t admits the sale and con-
veyance to Stearns, as alleged, but denies that
the same were in breach of any trusts In disre-
gard Of any rights Of the compliments known to
defendant. Further answering, the defendant
states among other things, that the books Of the
defendant show that the property in question was
Mellor in 1853 and that in 1858 his wife made a
payment on account thereof. That on inquiry the
present treasurer of the defendant learned that
said MellOr had made no further payments on &C
count Of said property, but had surrendered the
same to said Carberry and gone to California, and
no tidiDgs had been received of him or his family
That defendant has redeemed said property from
tax sales on several occasions. That the claim
sought to be established in this is stale one,
made after the death Of all the officers Of defend
ant who could have any knowledge thereof, and
asks the same benefit Of this objection as If taken
by way Of demurrer.
The plaintiff filed general replication, and
the cause was heard upon the pleadings and
proofs, WhereupOn the court passed a decree stat
ing that 1t finds that the alleged sale to Hugh
Mcdonald is not proven; further, that the occu-
patton Of said property is not proven to have been
an occupation acquired under any contract OF sale
with defendant or under any assignment from
Henry Mellor; and further, that the occupation OF
compliments, or their ancestors, is not proven to
have been with claim Of title, "but that the said
occupation is proven to have been as tenant Of St.
Vincent's orphan asylum" Wherefore 1t is or
dered that the bill be dismissed. From this order
an appeal is taken, which now comes to be ar
gued.
compliments.
Police Court-Judge Smell.
In this court, Pat Curtin, charged with assault
and battery on W. Q. Mote. Mote testified he went
with a constable to show him the way to Curtin's
premises and was set upon by Curtin; fined s..
VIM. Hume, assault and battery; IS. Edward
Kelly and Bartlett Thornton, charged with an
ARRAY; SIS each. Thomas Hart, John Williams
and Rachel Wallace, larceny Of boots and shoes
q part of the came gang Of thieves before the
court yesterday; received the same sentence, sig
perjury in connection with case for selling liquor
on Sunday, in this court on Tuesday last; bound
in 800 to appear before the grand Jury. Charles
Mack, for profanity; forfeited S.. Thomas Rob-
insOn, Vagraney: sent down. John Early, James
Green, Molly johnson and Lizzy Lowry, profane
and disorderly; Is each. Lewis Hurd and Frank
Dowd, disturbing peace; IS each; and the same
parties, charged with profane and indecent Ian
guage, IS each. James Honesty, larceny Of lum-
Der from Great Falls Ice Company; $40. Frank
Washington, stealing keg of white lead valued
at S.; SO and costs. Alfred Stone, charged with
assault with intent to Kill Lloyd H. Smith, was
committed to await the result Of the injuries,
Smith is in critical condition from the cuts and
stabs in the back made by Stone, and his recoy-
cry is doubtful.
ADJUSTMENTS