The New York herald., 1876-09-12
THE COURTS.
Dealers in Nfarl Sadly
Mixed Up
Injunction Against the Author OF
the Stilweu Act.
A BANK BOOKKEEPER'S BAD BLUNDER.

On the er parte application Of Aessrs. Theodore n
Morgan and Augustus D. Papc, counsel for the Lacus-
sfine Fertilizer Company, Of this city, Chief Justice
Davis granted, yesterday, an order OF Injunction re-
straining Silas NJ Stilwel the author OF the famous
Btwell act, and his son. Silas Jr from removing or
sseng about $3.50 900 worth of mari known as vaiu
able fertilizer and which is located in Seneca county
this State. and claimed plaintiffs property. From
the complaint In the appears that prior 10 jan
uary, 1865, Royal w. Torrey tho owner In ieo oi
about 600 OF land in Seneca county, which con-
taned large deposits of mari OF great value as Ter
hzer About the time named, IN making what ID
known al the now Of tho Canandaigua River which
passed through this land. about 10000 tons OF this
mari was dug out and thrown on us oanKs
where Torrey permitted 1t to rcmain
awaiting market While the mari still
lay there Torroy conveyed the land which TO
Henry c. Spaldng but specially reserving to himself
deed his right to the mari which had been dug
out OF the cut, and providing that Is might remain
there ten years. any time during which ho Torrcy)
his assignees should have the right 10 remove II.
Through various Intermediate conveyanccs Slas n.
Stwell, one OF the defendans, became the owner OF
the land some time in 1873 1874 From January,
1865 tho winter of 1866 and 1867 Torrey conveyed
away from time TO time portions OF the mari, and ut
Ihe latter date sold to Henry A. Barnum all that
NAMED the ground. Barnum thereafter continued
10 remove the mari up to about January 1876 when
In May last both conveyed their interest TO
tho Laousrine Fertilizer Company, tho plaintiff in the
the ownership of the mari had expended largo
sums making IL known in the Market where 1t soils
SO and that the not value OF all still remain
ing the ground Ia not less than $500 0O0 the CON-
plant proceeds charge that the defendants Sas NJ
Stiwe and Silas Stilwe Jr., father and son, have
since about the lst OF August last violation OF PLAIN
tAs rights been engaged in Transporting this mari to
Now York and elsewhere for sale their accounl
that load by them to New York seized
BY the Sheriff behalf of plaintiff but defendants
giving the usual bond, the property was restored
10 them, and taken and disposed OF by them;
that since that time defendants have continued TO
move tho mari and transport 1t to market, and have
three loads about 600 tons OF the value OF
So COO, be removed from the land and in order 10
being scized under legal process by tho plain
PENDANTS preparing to remove and sell further
quantities OF SAID marl aud arc threatening to remove
sell the whole thereof and are engaged In selling
persons authOrtes and rights 10 remove and
sell quantitcs OF said mari that they making such
sales deprecated prices and trying to dispose Of the
whole in such manner MS to prevent Its being seized
or by plaintiff; that the defendants persons
Di small MEANS and will be unable to respond to plain
iii damages Tor the acts dOno and threatened 10 bo
dono them in the Upon tho foregoing facts
the plaintiff demands an Injunction against the
defendants their agents. and attorneys, and
all other persons claiming by under them, restrain
Ing them from digging removing transporting or sell
Ing any portion Of said mari any way interfering
Herewith. To the complaint is added an affidavit by
Edward Peirson, through whom tho plaintiff derived
little, In which he confirms tho statements contained
In the complaint rs to defendants having removed pos-
uons of the mari, and recites conversations OF the
latter in which they claimed the right to do 20
owners in fee simple OF the land which Il Is h!led
up The Injunction granted conforms in terms 10 the
prayer OF the complaint and Is accompanied by an
inst why they should not be restrained perpetuay to
IN me