The daily gazette., 1876-12-11
FIRST EDITION!
The Superior Court.
New CASTLE Dec. 0, 1876

Court opened this morning at 10 o'clock
Judges Comegys and Houston on the
bench.
There are no jury trials, to-day being
devoted to the argument list and the max
ing of motions.
The following motions were made dur
ing the day:
Thos. K. brennan VS.. James A. Lewis
Rule to show cause why Sherif's sale
should not be set aside returnable Tues
day,
Richard I. Cam, Assignor VS.. VIM.
McWhorter ct al-same as preceding.
Pickels VS.. Righter-order granted to
sell goods attached for rent.
James Toy VS.. John Flinn-order to
sell goods takenunder an attachment .tJa
Andrew Spear vs.. James w. Vande-
grift-Rule for writ of possession-rc-
trrnable Tuesday.
ThePetiti0n OF James Powell craving
the appointment of Commissioners to
make new bounaries for his land was
granted. The commissioners appointed
were Nathaniel Williams, Levi W. Lut-
tomus, Gideon E. Rothwell, Colon Fer
guson and Francis w. Perry.
7. L. Derringers administrator VS.. b.
Derringer Observation-Disclosures was
argued G. B. Rodney, Esq, appe AIRED
for the defendant in this suit and Messrs.
Spruance and Higgins for the defendants.
1t appears that the administrator of Il.
7. Dcrringer is the Fidelity Insurance
Trust and Safe Deposit Co., Of Philadcl-
phia, and the question is whether the
laws Of Pennsylvania which make cor
poration there competent to administer
can qualify it to come in this State and
exercise the same functions when the
common law of this State does not per-
nit one of our own corporations to ad-
minister. After hearing lengthy argl-
ments the courtreserved its decision until
Judge Wooten came, intimating, howev-
er, that they would sustain the demurrer.
James ID. Rhodes VS.. George l., Garsed
Petition to take money out of court
which was paid in by the Sheriff.
The facts are that Rhodes was mortg-
age creditor of Garsed's, holding apur-
chase money mortgage in the Franklin
Mills of this city date October g, 1870. OF
this mortgage $4,000 is yet due. The
mortgage was sued out and Archy Given
gave notice to the Sheriff of $97. county
tax due and claimed payment under Act
of 1875 making county taxes levied pri-
or lien. Given had not levied. The
Sheriff paid the money into court. The
tax was for 1875. Patterson appeared
for Rhodes, Gray for the Collector. Mr..
Patterson waived the failure to levy in or
der to bring up the questionas to whether
the Legislature did or could make tax
prior lien on property burdened with a
purchase money mortgage created antcr-
ior. After argument the court intimated
that the Legislature had the power to
make taxes prior lien but did not de-
eide fully.
Rule TO show cause why the Sheriff sale
of McLanan's property in Market street
of this city to Stats was returned ant
tried to. Patterson, for McLanan, ant
Maris for purchaser. The grounds were
inadequacy of price failure to properly
describe theproperty, and failure to pos
bills in several of the hundreds. Th'
Court did not hearthis case but intimate,
that the grounds set forth by petitione
were not proved sufficiently to set asid
sale.
Monday the Court of Oyer,and Termine
meets to dispose of the capital case of TIN
negro who is charged with rape upoi
Flora Booth colored woman down coun
try.
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