, 1876-08-31
THE COURTS.
Dismissal of the HochIander.Le
Moyne Suit."-A Divorce
Complication.
Tho City 1snjoinetl from Erecting
That Brick Wall Along
the Clark Street
Nrrncks.
Miscellaneous News from tho
Various. Temples OF
Justice.

Various. Temples OF
Justice.
Judge Farwcll yesterday decided Tie caso Of
John HIGHLANDER, W. j. V. Le Moyns ct al,
brought to recover sonc 80 acres Of land.
claimed to lavs leon bought by Le Moyno under
auspIclous circumstances. III 1879 Mrs. Hoch-
lander flied bill against her husband, the COM
platnant tn tho present suit, asking for divorce
on tho ground Of cruelty and drunkenness. ehe
obtained decsco and an order for 5000 oil
mony. Under this tlcr husbands farm wns
sold, atd flnatly bought by lie Moyne
for "a 900 At the enfnest solicitation Of party
acting for Mrs. Hochlander, who attempted to
buy y for her, but found himself unable 10 10
80. LIE MoTne paid fatr price, and the shle
so,ooo was paid to Mrs. Iiocblanier ami tho re-
1Hstnlct was paid into Court. About this time
!foch!hndcr nnde ar agreement with one Aise
to sell him this 50 acres for ss,400, and small
tltvoree case was taken to the Supreme Court
and there reversed On the ground that proper
service had not been had on the defendant.
TO- however, MAS aware OF the existence Of the
suit. aud thnt the land WAS to le soldt and cx-
posts4 By selling It imsrlf to get The start Of
Il'se, finding 1low matters stood, tried to re-
sci51 the contract, but HIGHLANDER could not re-
nay the aayanccs made, and ltise finally took u
at aside or induce L. Moync 70 give mp Ills
tights. In the former Effort he was successful.
I.c M0yne, however, refused to do anything, hut
eoS Ss 3t tst tstS was n G.t; e Witch
drew thu money, gave t4o0 Of 4 Ia Ilpehlandcfri
md kept 500 1,imself to pay hls advances md
trouble. HIGHLANDER ateo gava lie aioync a
qutt,slat'n deed to the rrope:tytn question.
ths dlvorss esse, l1oe''ander 'si' Sled The ss
tho sale BY thu Muster In ths divorce suit
Wns void as agalnst him, and that It was not
aetions With Iiiso hs waa not 10 Ills right M ratnd
nor NJ to do business, and that tho decd from
hsmeclt to Iliso and frn1n IT!sc to lie Moyne
should ~1I DO set aside % fraudulent md void.
yestey oE ed liz nooSs dEs sSesoa SfSks ena
sision. Hc said be thought the complainant
lad failed To make out that degree Of !ncapaeity
q insanity on hfs part as would warrant a
parsha.sd L It IL ar vae, ii sya s"d pa!a I' for tx
anstSing Wong s1'g about Il It. sTS1 TaRiug 0e liz
st whole no e7dsnsS oS, together there
Of tho nature Of the transactions in which he
had taken paat. After It was decided tho d.
,vorce proceedings amounted to nothing, ho md
wife from that time, Sic still kept Tho 5000
she had received, and proposed to keep 1t. Hc
offered to return the 81, 900, but aougft to get
the ent!To farm back, and leavc Le Moync tho
loser Of tue $500 1nasmucl Us the proceedings
tn tho divorces suit were not binding
have T iii =" land o%,a ttec Of efie'eo tha sale 10
I nothing llad bcen done by him to de-
bar him of lie right. But, inter knowing
whether these proceedings wors good tn law, lsc
concluded TO tako the 81 200 surplus money
proceeds Of the sale, md, rs 1t appeared from
tho Testimony, eonnnted to let llise give -
Ssyes s sanR sRe Ill soa naf ,s ssra
THE TRACKS ON CLARK STREET.
Tie Luke ahuro h Michigan 8outhorn Rail-
way Company fled bill yesterday In tho Supc-
HorCourt ~, sgaiuEt tue C1y Of chcago and the
Chicago, Rock Ifland d. Pacific Railroad Com
pany, to prevent the proposed construction ot II
wall on Clark street, nnrth Of Sixteenth street,
whieh vii! Interfere With tho trucks noH laid on
that thoroughtaro. The complainant first sets
~ which 1t and the Chicago, Rock 1elaud Il ra-
of laying tricks on Clark strtet from Van
Huren TO THcnty-aec street. In 1857
way e lands Just Wit OF c Clark strtet,
from alxtccnth to TweutY.sccontl atrcet.
and from that ttmo since has only run tracks Of,
Clark street, between Fourteenth aud Sixteenth
A+4EELot
After the g7cat fire Of 1871, complainant md
the Chicago, lsoc}k Island Il Pacific Railroad
Company, having lost nearly iii tIctr tt1cks,
buildings, etc, began 10 rebuild them, aud
raised the grade Of C1ark street, as required Iy
the Common Council, rcpatrcl the sewers.
graded and grayclcd tic street where they use,t
Il, and went on laying thcir track agaln without
any hIndranco Oh tho part OF The cltY autho,ites.
Tie space necessary for tho two tracks OF lho
two roads ia "a fcet III tlIc clear, aud tlIis
right to lay tracks bclongs 10 ths M two o
Companies In common, neither poasesstug
either road exclusively Abnnt lin 1tl, ri Iuly
last, however, the Chicago, Koek Island 4 II.
some arrangement with tbe ctr authorities for
Tue erection Of permanent wall on Clark street,
| or between tho street aud tie riYcr, within ID
feet oAthe west line Of the street, ani in sucl,
manner that It Will tw;co cross and cut into TIE
caster'y one Of tho two trucks uuw latd Of,
Clark strert. an ordinance to this ctlccl Wa
passed and accepted BY the Chicago, Rock Isl-
and & Pacific Company, which tlicrcupon be-
| gan building tllu wall. Complainant clnIn.s
wall be built, and therefore asits for "a intnc.
| tion 10 prrvrnt It. A Temporary Injunction wus
| granted undcr bond for $20.OGl.
| uN,THp STATES COUNTS.
NE+f- G.-ukA