Evening star. [volume] (Washington, D.C.) 1854-1972, 1876-01-21
THE COUR~

AN UNRECoRDED DIED CASE
TIE case of Cornelis Austin agt. Fendall,
executor of Lenox, was argued, aud the de-
cree of the court below was affirmed. This
was a suit in equity 10 compel the delivery
OF an unrecorded ute deed for certain real
Columbia. The testimony shows that the
grantor in said deed, (Waltef Lenoxl sI.fa
after the execution aud delivery thereof to
the plaintiff, grantee, made her a friendly
call, when he ascertained that she had not
placed said deed on record, whereupon he
suggested that IL should be recorded.
Grantee thereupon handed him said deed 10
be recorded. Soon after this the grantor
died, and said deed was found among his
papers, unrecorded, by defendant, Fendall,
his executor. The last will OF said grantor,
executed after the execution and delivery of
said deed, and after the same had been hand
ed to him 10 be recorded. shows that he
made specihc deviseS of all his property and
no mention is made OF property convened by
the deed claimed by plaintiff in the will
The court below made decree that the deed
be delivered TO complainant, and this decree
ANOTHER MECHANICS LIEN CASE.
To day, the case OF w. q. Phillips agt. 3.
Moore and the Connecticut General Life In
surance company was taken up The bill in
this case was filed June IL, 1873. and states
that Phillips made a contract with Gilbert
to furnish materials for and build six houses
for Gilbert on lots 123 to 12s and part I2) in
square CTS, in Washington city, OF which
Gilbert was the owner for which Gilbert
agreed TO pay the sum of 49, 200, being
So 700 for each of two houses, and $500 for
each OF four houses, II be paid as the work
progressed; that in pun suance OF the contract
Phillips had furnished material and done
work on the said houses of the value under
contract of $4,000, on which their is TO be
credited for money paid and property con-
veyed, sill ,OO0 leaving about s.. coo due for
said materials and work. That Phillips, on
sd May, 1872, filed in the Office of the clerk
of this court notice of lein. That in Dece a.
Der. 1872, Gilbert and wife conveyed the lots
TO BOughtOn and Moore and they, after MAX
ing, new subdivision on February 1, 1873,
conveyed the six lots to 4. w. Parsons and
Robert f.. Day, to secure the Connecticut
General Life Insurance Company Sc 900
on each lot. The bill asked for the sale
The defendants. Boughton. Moore, and Gil
bert, with j. s. BigelOw and w. j. Murtagh,
on the 25th of June, 1873, filed an undertake
ing TO pay any judgment that might be rem
deTed on account OF the claim. On Septem-
Der 9th Gilbert answered, denying that the
complainant had done work and furnished
alleging that complainants work was not
worth over $1,000, and that he had been paid
more than that amount; admitting the filing
of the notice OF lien, but averring that the
same is insufficient, unlawful, and void.
because the claim Is made against the houses
in gross without stating the amount due on
Der 3, 1873, the defendants, BOughtOn and
Moore, filed demurrer () that the bill does
not state d case for the relief as lxed; (2) that
the clam Tor mechanics lien set forth in said
bill is insufficient and utterly void, because
the claim is made in gross upon six separate
buildings, situate upon six separate lots of
ground, without specifically setting forth the
amount claimed upon each lot. On Deem
Der IL the life insurance company answered,
admitting the loan of $1,000 on each house,
and alleging that wher the loan was made
the complainant (PhillipS) executed and de-
llYered to them n release OF said lots from
the operation of the lien, and on the faith of
the release they made the loan to Boughton
and Moore, and say that Phillips ought to be
proceeding
On December "A, Gilbert filed an amended
answer, stating that he was informed and
believed that complainant in writing had
discharged and released said lien in Janua-
ry, 1873, and that he is advised the complain
AM having released his claim for, lien can
have no relief in equity, as he has an ade-
hearing at Special Term on the bill, an
sWers, demurrer, and proof, and on April 30,
after argument by counsel, the court passed
an order directing issues TO be tried in cir
cult court as follows: ]. Whether the defen-
dant, Gilbert, was indebted TO Phillips for
the work done and materials furnished for
said houses, and included in said notice of
lien. 2 How much was due from said Gilbert
TO Phillips for work done and materials furn-
lsLeu lor sald houses included in said notice
OF lien, exclusive OF all set offs and claims by
way OF recoupment. These issues were tried
before jury in circuit court, who found /.
That Gilbert was indebted as above. 2. That
he was indebted TO Phillips for work done
and materials furnished ia the construction
of said buildings, and included in said no.
tice of lien in the sum of 81 ,02O, exclusive of
all set OILS, &C. These findings were certified
10 the equity court. and at July term, 1875
ana upon a hearing, and after argum eat,
the court, on July g, passed decree dismiss
ing the bill with costs. From the deere
Diminishing the bill, an appeal was taken by
the complainant.
The defendants contend that complainant
cannot waive the suit or his claim, because.
Isl. lie practically joined in the conveyance
from Gilbert TO BOugntOn and Moore aud
| therefore he is estopped from setting mp the
10 4
promise of Boughton and Moore to pay for
the work done and materials furnished bv
MIN Tor Gilbert, and actually received 81 OJO
by virtue OF the promise. By accepting the
personal obligation of third persons to paw
the debt, he waived and discharged his lien.
The acceptance of said security is incOnsist-
eIt with The intention of holding a lien. 3D.
The plaintiff cannot maintain q suit, on the
lien filed, for work done and materials pro-
ylded under the contract with BOughton and
moore. To enable a builder TO enforce lien
OF this kind, the labor and materials must
nave been furnished in pursuance of a con-
tract with the owner of the lots, and through
the lnStrumentality of notice of an inten-
tlon 10 bold lien upon the property for the
| particular work and materials. 4th The
lien was discharged by the delivery of the
| release TO the insurance company. The COM
| pla1nant, after inducing the insurance com
pany 10 part with its money on the faith of
the release and having received largepart
OF lhat money himself, is estopped from set
Messrs. Appleby and Edmonston appear
Ior inc complainant, and MI Totten for the
defendant.
POLICE CoURT-Jt,dge Smell.
To-day, Addison Washington and James
winston, larceny of two bushels OF coal; SO
each or thirty days. Richard Reyes, charged
with assault on Mary Reyes, his wife; 81
and costs. Catherine Woods, threats to
Sarah Waters; S100 bonds. John Bassett
colored, was charged with assault and rape
on Annie Palmer, colored, in August last
This was shown to be a clear case of brutal
rape on this little girl fourteen years of age
and The case was sent TO the grand fury
Bassett was committed in default OF ; 900
bonds. James Ridgely and David Johnson
charged with breaking and entering the store
of Bernard Nordlinger, in Georgetown, and
carrying away two pairs OF shoes worth 81;
two pairs OF boots worth 50, and other arti-
Giles; grand jury. Also, charged with break
Ing and entering the store and house of Jas.
Manogue, Georgetown, and carrying of
clothing; grand jury. Charles Drake, va
grant, denied the charge emphatically, say
Ing that he was cosmopolitan but no va
grant; he was on his way to the Alexandria
train when arrested. Oficer-''Judge, he
had fifteen cents in his pocket only; how
could he go away on that?' Drake.-"Tnat
was whiskey money; had more" Judge
NINETY days in the wOrkhouse." Lemuel
Thomas. OhSfrnpfipp a m a ca z