, 1877-02-07
A Mother in Search Of Her Child--.A
Tale Of San Francisco and
Chicago.
The Crozlcr Theological Seminary En-.
ters Foreclosure Suit Against
ObadfaI Jackson.
New Suits. Bankruptcy Gases, Judgments
Confessions, Etc.
SUPREME COURT.
MAf.Kfn YG. AIT.

snay set up their rights 10 tho distribution Of
tho surplus proceeds, by way Of answer, by
t!iuq crose-bi1t; Or that talne mny be asccr-
tancd without answer upon reference to tho
Master, without any pleading whatever. The
Supreme Court nleo decides that where decree
Of foreclosure finds the facts upNn wlitcl, tile
decree proceeds, It Is not necessary to preserve
the evidence by certificate, but that the ind
inE Of tho Court will sustain tho decree. IL
the defendant objects, and seeks to reverse the
decree on error, It Is his duty TO preserve tho
evidence hy q certificate, md not the duty of
the winning party. Tho Supreme Court also
holds that Interest at the rate Of 20 per cent per
annum after maturity, taken ns ltqui1atcl
damages. Ii not subject to the plea Of usury.
anl Is legal, not only against tho maker Of tho
note, but against tic property securing the
same III Whatsoever i.onls TIC same may conc.
The dccree of the Court below I'll favor Ut Abt
was ulllrn,cd. Roscnt1,al 81 Pchcc for appellee.
and Burgess for appellant.
CHocKEn yB. LowENrHAL.
Tic Supreme Court bolts IN this casc that 1t
Is not necessary to deliver deed OF trust to tic
Trustee, but that delivery 10 tt,c person l,oll-
Ing noto secured Thereby Is all that Ia ncccs-
sary; that the trust-dcctl ttsctf Is declaration
which wilt be sufficient without delivery; TINT
where party seeks d foreclosure Of the mort
gagc bond and specific piece Gr property, und
makes tue eeeonl 1nortEaycc party de-
1endnnt, II that second marriage. l'ns
described n tho first mortgage, but npoi,
other property, lic may tle u Vroas-hll to lnfc-
close fto wl1olr, and that It Il Ecr'nai'e to tl!c
original bill, 1t making no iIEercnrt how much
additional property IL included In tllu second
ltortgage. The same question III references to
tho distribution of surplns nluouy subsequent
niorsguEces vas raisc I'll this ease rs was rascl
!ae sa,nc way, the Court further holding Tint
Affirmative reiisi, eai that tic Ge cum.
p!anant IA entitled to thc foreclosure
81 III Il, oitgaSc a to ne.
t!on: On the question rafsctl will reference tn
tho loss OF tho trust-tlccd, the Court holds tlat
necessary aGareh 1nust bo 1nnle before tho
duced. Thu former decree, IN favor Of Loweu-
thai and u q. Hamilton, was ulllrlnrd. IIcattte
Tor complainant, at'a Roscntl'al d Pence for
WILCOX vs. FoLLAI.n.
In this case thu Supreme Court holds that a
1ulg'nent.llen prior to tue act Of ts5s ceased At
tie expiration Of scyen ycars and TINT although
lcyy bc lnadc pslor to the expiration
Ga Ga s ts ,,,n tSys yeas unless tho prop,t
would pass, and that bill would lie to cujoin the
Sheriff from selling the property under tic exc
tTtion after the expiration ol the scven ycara.
nv 0t9P NulAo luHt 0Cc+ u EllspLET Uu
Judgments aud executions, Revised statuscs,
l5II, extending the tinu In whfcl, u Ralc 1,say be
r1nlc alter the expiration OF the seven ycars, Is
mt retroactive III its operations, and would only
sequcnt to thu passase of tllc net: 1'le Court
scGns to bc OF tho opinion that, u Auch MI net
were uy Its ter1ls Hade retrnlrtIyr hn Its gltect
50 us TO operate upon the Judgment obtained
constitutional, lib tentltng u Impair tho obfsn-
tion Of contracts. The Court further hulds that
lin created by tho statute cas.pot be extended
y equity; that equity follows tho Law; mud II
iiijDg LIN II, cilnncery prior tp
thn Sxp,;a@t19n @ of 't1!s seyen ycars, oy way Of u
holds that tho Assignee In bankruptcy takes all
the estate Of tho !leolveHt subject to any liel.s
upon It pror to such bankruptcy, hut that after
the termination of tic lien treated by tho stat.
ute The Assignee alone tan maintain nj, action
tho bankruptcy, AMI the Judgment Ut creditars
would haVu Mo such right; that his decd
. y wiped out hy tue discharge III bankruptcy, and
II u oaly his llen that renas, which, having *.
plrcu, lle would huyc ITO further rights III tllc
prctn!sesi tlat the deed Ia discharged In bank-
rupiry, and When tho lien nf tliu Judgment
ecasct there IL nothing left for an execution II
9 99gssuts upon. Thy former dcsrec, ~ favor 4f
Pollard aIl Kelly, was affirmed. Uuorge +.
Harllng for appellant, and hoscnthal d Pence
Ter oppcllccA.
TABOR vs, the rEorLE.
This was another eas0 where II Nus sought to
lvoM payment OF tax OH d legal trchnIrality.
Thc appttlant urged TINT tho eTidvnee OF tie
Town Collectors uatI, wna void, bucaliEe swtru
TO letorc the County Clerk. Tie a:t Ut lsy,,
1,squIrng sllp returns to BY sworn to before the
pealca by tho tiaucral Ilere,lllv la,E oI l67:a.
This case was made IN December, 1877, when, by
tho general statute on oaths and nil]rtnatt0ns,
t thn County Cletk Wa authosxtd to adml,!.tst
questions presented had lecn decided III tho
cnse Of kan.s ". Tho Fcoplc, September, 1s7t,
nla that nlf further discussion was unnecessary.
dLS Judgment f9F The psspls vs. vs. therefore a.
lIollcn d Moore ior tho West Parks, und Viii.
la1n Hopkins for Tabor.
HnlN NAILwAY CoMTAfT VI. WILCOX.
TT. was suit tor damages for k, iost house;
irom Ftendshlp stntion, n. r., to A. J. wilcox.
Eskley, IL. It appeared from tlle evidence that
at tha time the Ro0ls wera delivered ut FE!enA-
t9.p ta.p Station, tae Esio Railway Conpany gaye
goods and stating that this same were received
70 be forwarded from Friendship Station to
GleTeland-ths western terminus OF tho
y ns OF Al t0a' the operated ssno by s tho cG3' ~
aptellee, Wilcox, executed and delivered to the
railway company What ID known a. q reica4c,
specifying that, upon the gAxls being shipped
ut redueSd ratea, the Erie Railway Company,
goods might pas. beforo reacbIag their inal
destination, should not oe liable Tor damage,
delay, Or Joss Of any Kind. Tho goods were
duly transported to Cleveland BY thu Eric Hall
way Company, and thers delivered to tho
Lake Shore Il Michigan Southern Kallsoad
Company, from whom the Eric hallway COM
pany col!ecte4 charges for the transportation
%as! It naa perlstme Ths taks saore Road
touk them to the depot Of the Illinois Central
upon delivery tl,trc, the agent stated to tho
agent OF tbs Lake 6horo Road that there was
ny sush place OIL his line as EtAcy, und
refused for that reason to accept thc
Koods for transportation, but assenteA to
the!t seInalp!ng in The depot until the
iidress eoild be corrected. Tlu a4cnt Of thu
Lake Shore Roe4 directed a telegram
y BY sent to frisaLshp Station, stat
iag that there Wa no sush place GU the
Aha of tho Illinois Ccntral' aa l,ckley,
t!tAouah there WI m ArkieY tu Iowa. Tie
a.snt at Friendship Station, Oh receipt Of tho
tttlteram, set about making Inquiries, Wilcox
hasln& been resident OF tho place. Not being
lole to learn definitely regarding: The ulara II
shipment, he did not answer Immediately, and
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