National Republican., 1876-12-19

Hryan Quashed-Sentenee of Ber.
nnrd Hay Afiirmed-BuIldiBSA AssO-
Citations and their Powers 90 Loan
and Collect hOney-Business in the
other Courts
Supreme Court of the United States.
On motion of Mr.. Solicitor General Phillips
Of this court.
No bSl. Frederick De Bary ct al, plaintiffs in
error, vs.. Chester A. Arthur, collector, &c In
error to the Circuit Court Of the United states
for the Southern District ofNeW York. Mr.. Jus
tice Hunt delivered the opinion Of the court, af.
hrming the Judgment Of the said Circuit Court in
this cause, with costs.
No. lI5. James Callahan, jr., appellant, VS..
Michael Hurley. Appeal from the Circuit Court
Of the United States for the District of Iowa.
Mr.. Justice Strong delivered the opinion Of the
court, reversing the decree of the said Circuit
Court, with costs, and remandlng the cause with
directions to dismiss the bill
No. So. Daniel r. Brandt, appellant, VS.. The
Virginia Coal and Iron Company ct al. Appeal
from the Circuit Court of the United States for
delivered the opinion Of the court, reversing the
decree Of the said Circuit Court with costs, and
conformity with the Opinion M of this court. Dis
Davis.
vs.. Nicholas Luning. in error to the Circuit
Court Of the United States for the District of
California Mr. Justice Davis delivered the
opinion of the court, affirming the Judgment Of
the said Circuit Court in this cause, with costs.
No. 49,. Joseph Dalton, plaintiff in error. Vs.
Abraham G. Jennings. In error to the Circuit
Court Of the United States for the Southern Dis
trict of New York. Mr.. Justice Miller delivered
the opinion Of the court. affirming the judgment
Of the said CircIt Court in this cause, with
COS 6.
Philadelphia and Southern Mail Steamship Com
pany, claimants;
No $50. The Philadelphia and Southern Mail
Steamship Company, claimants, &C., appellants,
sc. VS.. The United States; and
No. 62S. George Pursglove, appellant, vs.. The
the Circuit Court Of the United states for the
District of Louisiana. Mr.. Justice Swayne de-
livered the opinion Of the court, modifying the
decree of the said Circuit Court require full
payment TO be made to the United States by the
claimants of the steamship Juniata of all dam
ages sustained as found by the commissioner, and
affirming the decree in all other respects.
No l24 John Dunbar ct al, appellants, VS..
No. 737. Margaret Myers executrlx, &c appel
lan:, ys. John Dunbar, ct al. Appeals from the
Circuit Court of the United States for the South
ern District Of New York. Mr.. Justice Clifford
delivered the opinion Of the court, reversing the
decree of the said Circuit Court, and remanding
the cause, with directions to enter decree dis
missing bill Of complaint Costs in this court to
be paid by the complainants.
No 7sl. Russell Sage ct al, 1nterveners appel
laIts,vs. The Central Railroad Company, of Iowa.
Mr.. Chief Justice Waite delivered the opinion of
the court, vacating the superce ieas and denying
the motions to dismiss and advance this cause.
Dissenting, Mr.. Justice Miller and Mr.. Justice
Field.
No IA Catherine F. Saivin, administrator, sc,
plaintiff il error, VS.. Dennis G.. Kenny. In error
TO the Circuit Court OF the United States for the
Eastern District of Arkansas. Mr.. Chief Justice
Waite delivered the opinion Of the court, affirm
ing the Judgment of the said Circuit Court in this
cause with costs and interest.
No S95. The United States, appellants, VS.. The
State National Bank Of Boston. Mr.. Chief JUS
tice Waite announced the decision of the court,
denying the motion TO remand this cause.
No. 94 The United States, appellants, vs.
Frederick G. Claud. Appeal from the court of
Claims. On motion Of Mr.. A. q. Riddle, dock
eted and dismissed.
error VS.. The City of Memphis ct al; and
No. 95S. E. NJ. AppersOn & Co. ct al, appel
lants. vs. The City Of Memphis ct al. In error to
and appeal from the Circuit Court Of the United
States fOr the Western District OF Tennessee.
On motion Of Mr. P. Phillips, docketed and dis
No. las. Peter Lyman. appellant, vs.. The
Steamboat Joseph L. Hasbrouek. &c. The argu-
Allen ButIer, Of counsel for appellant, and by
Mr.. r. D. Benedict, for the appellee, and con-
eluded by Mr.. VIM. Allen Butler, for the appel
lants.
Amendment to Rule g. Add at end Of section l:
One hour on each side shall be allowed to the
argument ofa motion and no more, without spec
ial leave Of the court, granted before the 2rgu-
ment begins.
Mr.. Chief Justice Waite announced to the bar
that the court will adjourn on Friday next to
Monday. the sth of January
Adjourned until to-day at Il O'Clock.
Supreme Court of the District.
Before Judges Olin, Wylie, Humphreys and
Macarthur.
I BATCH OF LENGTHY oPINIoNs-LIENs ON REAL
ESTATE CAN BE BARRED APTER TWENTY YEARS
sTANDING-THE COURT EQUALLY DIVIDED ON
THE TAX SUIT AGAINST THE BALTIMORE AND
OHIO RAILROAD DcoNPANY-A DECISION AGAINST
BUILDING ASSOCIATIONS SELLING PROPERTY
FOR LOANS.
The Supreme Court of the Distriot reconvsned
il General Term, yesterday morning. Despite
the inclement weather there was a large attend
ance Of attorneys and spectators, to hear the
oninions delivered in cases that had been con-
Ndefed by the court au~ W Ue'''iOH' "ei
expected to be rendered.
Mary Peters Va. Thomas r. Suter and Luther
r. SmoOt, surviving partners Of the firm of Suter,
Lea s. Co., and VIM. A. Mix, trustee. The com
PeeTs II Saed oF trps nn9n n9r ot "a IN
square 1872 to secure the payment of a note of the
said J. II. Peters TOR the sum $1,000, dated Nov.
s, 1855, at six months to the firm of Suter, Lea
& Co, at the time bankers and brokers in the
city Of Washington. They executed and deliy
cred the deed to the defendant VIM. A Mix MS
trustee and agreed therein that, upon default
being made in the payment Of the note, the trus-
tee mixLt sell the land at public auction, and
edness. 1t is admitted that J. Peters died, Aug.
8, 1852, and the complainant AYERS, that the sald
note and all interests and costs which had oc;
by her said husband in his lifetime. The trustee
has caused her property to be advertised for sale,
and the bill is tled to procure
AEINJuEcTIoE RESTRAINING SUCH SALE.
The trustee admits that he has advertised Il g
Smoot the owner of the note and both Smoot
and the trustee deny that the Indebtedness was
fully paid by the said Peters in his lifetime. and
while they admit partial payment, they claim
balance still due of sTSs.91.
The court below eDjoined the defendant from
enforcing the said trust-deed, because it was more
than twelve years standing, and was, therefore,
barred by chapter twenty section six, Ofthe act Of
prescribes the Limitations Of actions upon bonds,
contracts and other responsibilities. 1t does not
DEEDS or other equitable liens on on real estate,
which can only be barred when they are of twenty
years standing In Maryland claim under
within the provisions of this statute but as it
trust involving the title to real estate, it was
only held to be presumably barred after twenty
barring the right of entry.
We were informed in the argument that
THEJusTIcEs WHO HEARD THE CASE
in special term decided it in favor of the COM
Plainant, upon the sole ground that as the trust
deed was above twelve years. standing any
action in or out Of court TO enforce II was barred
by the limitation Of this statute. This position,
thorities. The question here prescribed has been
often discussed and decided by the courts in
Maryland, and they have uniformity held that
the statute does not apply to suits in chancery
for the recovery Of money secured by mortgage
IN IN eg1ltaOle en on real estate or 70 mSrLgageS
seems to derive confirmation from the title Of the
act, being only for avoiding suits at law: Most
owners Of an equitable estate will not be barred
for twenty years, and that courts Of equity will
not presume the payment Of an Indebtedness
secured by mortgage for at least that period.
The decree in this case must be reversed and the
case remanded TO the special terrHto be heard on
its merits. Opinion delile d by Justice Mac
Arthur.
PARTNERSHIP ACCOUNTS.
VIM. H. Groote VS.. Owen O'Hare and Henry
Himber. This was partnership account, in
which the court below decreed that O'Hare
should pay to the complainant S1,s15.e6, and to
defendant, Henry Himber, q, ,349.6s, which was
due to them from O'Hare on the division Of the
partnership. Judge Macarthur delivered the
opinion of the court, authorizing the discount to
be made, after which the distribution to follow.
Turhy. executor Of John A. Gately,vs. Patrick
Gately ct al John A. Gately made his will JAN
uary II, 1873, and devised and bequeathed, after
payment Of debts, &c, that q marble monument
should be put his grave, the expense not to ex-
ceed o. 600, and teat part Of his property, situ-
ated on the corner of and Twelfth streets north
east should be sold for cash at public auction,
and the proceeds applied to the payment thereof.
The lot Is situated in square 10l0. The secend de-
wise is to his brother, Patrick Gately, and his
heirs, and eomprehends the balance of testator's
property in said square. The third devise is to
his sister Mary Martin, Of the property in square
4l9 in fee simple. The complainant and executor
had dollar mOnument built and the