The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-09-28
THE COURTS.
Legal Deductions and Moral Teachings
of the Noe Suit.
AN OCTOGENARIAN'S ESTATE
4 Patched Pettcoat as the Reservoir Of
Feminine Funds.
TWEED'S FORLORN HOPE

In Supreme Court, Chambers, yesterday, presided
over by Judge wcstbrook, there very largo at
tendance, attracted there doubtless through expecta
non Of further interesting developments in the suit
OF Isabella d. Noe against her husband, William r.
Noe. In this anticipation, however, the crowd was
disappointed, facts IN this very singular case
having been brought TO light but the further proceed
ings simply comprising very lengthy and Of course
learned but almost wholly dry argument on tech
neal legal questions between the respective counsel
General sanford and Mr. John d. Townsend The lat
tor opened the argument He ontended that
either obtain injunction to restrain the defendant
from disposng Of his property the appointment OF
receiver take possession OF the same II ap-
pear that plaintiff Is entitled the relief demanded
and that 1t did not appear by the moving papers either
that the plaintiff rs entitled the relief demanded or
that her rights with respect to the subject OF the
tion are being violated. He cited from page's Chan
Gerry Reports he claimed to DO stronger than
the one in which the Chancellor held that tho
Court had right to Interfere with the husbands
property unless he had committed act justiiyin
separation or divorce. He said that no such thing
was charged In this complaint and that II was
not even charged that this property came into
bis possession through any fraud on mis- part aud
hence that the Court had no right 10 direct him 10
reconvey. He insisted that the Court should not aid
continues to reside apart from her husband without
justnabc cause or without his CONSENT that there
was valid consideration IN the love and affection
which she bore him time OF the conveyance, and
which her letters indicated she still bore HIM, and
that the conveyances were under seal, which always
Implies dollars consideration ut least which Is sui
Gent. He urged, further, that before an action 70
compel reconveyance OF property could lie the PLAIN
hn should have rendered deed Tor the defendants
nature, which had been dOne that the defendant
had received the property through ms iathcr the
proper action for The plaintiff would be to bring an
action have tho convey she made ASIDE and
that this would have necesstated tho lmpleadng OF
the defendants father. Mr.. Townsend closed by
tending that the most benign Oice OF the Court
to maintain harmony between husband and wife that
1t should rown upon this endeavor TO separate two
whose Affection was indirectly strong each Tor the
other; that seldom has a husband had worse trent
ment; u month ago an anectOnate letter from his
WIFE, then refusal 10 SEQ him or make any expana-
tion and then report in the newspapers of her
The case representing HIM TO DO a vagabond OF the
deepest dye.
General Sanford followed with an elaborate argu-
mont IN reply. He cited various English authorities
claimed to be germane to the case, under winch he
commended that the Court had right IN IA where
no actual fraud shown In obtaining conveyance Of
properly by the VITO to the husband yet If the Court
saw that 1t was maniestly improper transfer the
Court had right OF adjustment He proceeded
ply ut length to the points raised by Mr. Town
send, claiming that the plaintiff should nave the
liel demanded in the complaint, and thus from her
original large estate have some small remnant lett
secure her a future income
Judge Westbrook SAID that II II entirely salts
factory to both parties he would hold tho papers
see II the parties could not together agree
upon some Investment OF the remaining tor the
beneft Of both, adding that apparent the
letters which the plaintiff had recently written her
husband and to his family that she had great
OF grievance against him and apparently still fond
OF MIN.
Mr. Townsend said that he could not permit tho
statements against his client uncorroborated by any
uhidavit bevond the one Information belief OF
the paintIn charging the defendant with gross ex-
Eavagance and mmoraties to 90 unanswered.
Alter some further argument Judge Westbro0k took
tho papers.