The Morning herald., 1877-12-13
THE NOVEMBER COURT.
New CASTLE, Dec. 10, 1877.
FORMING SESSION

New CASTLE, Dec. 10, 1877.
MORNING SESSION,
The Court opened this morning at 1
o'clock. Chief Justice Comegys and Asse
ciate Justices Wootten and Houston on th
bench.
Ihe case of Nailor vs.. Daniel was take,
up. Rodney for plaintiff; R. Ha,rinstor
Tor defendant. Mr.. Rodaey withdrew hi
objection and the court granted the issu,
asked for.
Petitions were presented in behalf of the
Home Loan Association, and applicatiepa
OF various parties for the partition of g.
1888, which had been paid into court nm.
der the foreclosure of mortgage. The
Loan Association claimed the whole
amount on a mortgage of $4,000, $2,6O4. 90
OF which was owing as dues to the associs-
tion' and the remainder of the amount a.
the trustee of the mortgage, which, under
special provision of the statute, was not
liable to attachment Of the hands of les.
association. Mr.. Lore appeared for Silver,
the party who borrowed the money, and
Messrs. Whitley, Patterson, Nields and
Richardson for ether parties interested.
Tho court decided that the Loan Associs,
tion was entitled to s2,eO4.ee, the amount
OF dues owing them, and the remainder.
$5,S95.91, should be divided among the
creditors accordingly.
The next case was an exceedingly curious
one. 1t appears that Emma Watts, late of
Pencaaer Hundred, in this county, by .
clause in her will devised to Mrs. Elisabsth
E. O'Daniel, her mare Flora, leaving At the
same time the substantial legacy of 81, 800,
the interest to be applied to whoever took
care Of the mare Flora. If Flora died In
the care Of Mrs. o'Daniel she was to have
$4,000 of the legacy, the balance to Miss
Emma s. Grubb; bus If the same mare
was to die in charge of her uncle, q legatse
in the will, or other person, then Mrs.
oDaniel was only to secure 81 900, apd tho
oticr 81 900 to the person in whose care the
mare died. 1t appeared that the mare was
stolen, or at least disappeared from Mrs,
oDaniel's stable, in the year 1865, the
mare being then twelve years old, which
would make its age now twepty-three. The
easc came before the court on q suit ot
Emma Grubb for $500, her legacy, averring
'hat the mare was no longer alive. After
lengthy argument, on purely legal points,
he claim of Mrs. Grubb was sustained.
nd she was awarded $500 with interest,
)ne OF the points debated was whether the
mare was alive.
Inc New Castle correspondent Of the
'epublican, whoever he is, was rebuked In
pen court to-day by the Bench, for an ar.
lc'e which appeared in that paper on Tues
ay. The Justices of our court are 20 spi>
ent In position to be made the butt OF
'kcs. Every well bred citizen owes them
'spect: The Chief Justice said the article
was an insult to the administration OF
'stice." He then handed It to tho Atter.
ey General for such action as he deemed
roper In the premises.
The rule to set aside the SheriR's sale Of
le property Of Mr.. Kaasner, near Niddle>
'wn, in st. Georges Hundred, was made
'solute, on account of iusufticiency of de,
ription and inadequacy of price.
The case of Arthur Grimshaw vs. The
syor and Council of Wilmington, was
ken up. This is Kilgore security case,
argument to show cause why Judgment
ould not be stricken from the records:
1t was instituted against Grimshaw, and
was thrown into chancery. At 6 O'Clock
st evening the case was still being ar,
ed.