The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-10
THE COURTS.
The Tweed AttachmentS---Reief Sought from
the Lis PendenS
INTERESTING ARGUMENT OF COUNSEL

Tho previously adjourned motion TO relieve from the
notice OF the lis pendens fled in the So 100000 suit
against William NJ. Tweed house and lot on BroId-
way above Twenty first street, claimed by Mr.. Edcl-
ston former law partner Of William Tweed Jr., be
his property came up for argument yesterday before
Judge Westbrook, in Supreme Court Chambers To
sustain the motion There appeared Mr. Isaac L. Egbert
and hr. Wheeler H. Pcckhom In opposition.
Mr. Egbert briefly stated the purport of the motion,
when he followed by Mr.. Pcckham, who first read
affidavit to the effect TINT the sheriff had made no
return to tho writ of attachment and hcn argued that
from the moment the attachment, which stands in the
place OF IN execution Is received by the Sheriff be-
comes lien the property Of which the Sheriff Is
bound to return inventory
Judge WestbrooI inquired II tho party making tho
motion could furnish him any authority TO relieve the
property from tho notice OF lbs pendcns
Mr. Egbert, in his reply, stated that there
question raised by Mr. Peckham the facts stated
in the petition, 1t being virtually conceded that Mr.
Edeston was an innocent purchaser having acquired
title at judicial snlc on the foreclosure OF consideration
mortgage given by Tweed to the Crow estate and tho
affidavit OF Mr. Peckham conceding that the Sheriff has
not taken the property in question under the attach
ment against Tweed The attachment Of itself not
u lien upon the property. There must be seizure,
Ing of tho property entry his books notice 10
the clerk Of tho county The right to flo the lis
pendens undcr section 132 Of the code was only
whore the property affected 1t affected If
the Sheriff did not execute the attachment against IT,
rhe General Torn Of this Court had decided in the
T
power to amend the notice Of lis pehdons by out
the description of the property not taken by the Sheriff
under the attachment upon the principle that the
Sheriff has discretion for the exercise OF which he Is
responsible being liable in damages to the person whose
property ne wrongully takes under attachment
against another The in tho Court of Appeals,
IN which Judge Allen has given the opinion Of tho
Court that this Court has no discretion TO strike
lis pendcns from the record case where the notice
was properly filed In an action in rcmittur affecting
the property described in the notice, and the opinion
contains an instruction that the Court may exercise
notice in question sort of legal nondcscript, and
counsel lind difficulty in clearly defining IT, The
owners NJ tho nroporty described arc not
made parties so That in tho ordinary searches
mrdc by examiners of the title 1t would
appear against tho property He apprchended that
this Court would not relieve purchaser who should
specify the existence of this notice objection to
his taking tito. The unusual publicity given through
public press to this notice had the effect of deter
ring capitalists from accepting any of the property ever
owned by Tweed mortgage security. The notice
docs not approach tho dignity Of cloud upon the ue,
yet has the practical effect Of an cncInbrance. Tho
counsel offers to stipnlate thqt mortgage may be
made and have precedence OF the. notice.
This will not afford ample relief to the owner
Of tho property and the really graceful thing
for counsel to do would be TO consent
70 the granting OF tho order asked for The notice be-
ing improperly nlcd against the premises in question the
Court has ample power to it-just the
powor IL would have IT, in action in affecting the
Aston House. there ned q notice OF lis pendens
affecting the new Post Office
Mr.. Pcckham offered to stipulae that they might
make substitution of mortgage for the one of the
existing amount
MT hgDert saiu tnat I"rtes "ouu NOV io"h as nluon
the property while couded by lis pendens
Judge Westbrook snd he regarded the stipulation Of
fsrod by Ar Peckham complete safeguard 10 any
parties accepting the mortgage; for, inasmuch MS
IL would take the place of the existing mortgage the
whole property would be liable for its payment, not
withstanding the notice Of lis pendens.
Mr.. -spcrt again urged upon the Court TO decide the
question the broad principle that his client not
being party to the suit against Tweed, had legal
right to have this cloud lifted from his title.
Judge Wcsbrook hcrcupon took the papers, reserving
his decision
ANOTHER MOTION FOR RELIEF
Directly the heels OF the above argument applica-
ton mnde by MT Lemucl Skidmore to remove the
notice OF the Tweed lis pcndcDs from Mr.. Michael Hol
day's house and lot No. 2lS East Ninth street the
ground that the purchase was made in good faith and
that Tweed had interest in the property. BY con-
sent OF Mr. Peckham the motion granted