The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-19
Interesting and Complicated Broad
way Property Suit.
DIVORCE SUIT EXTRAORDINARY.
Mandamusing the Ancient Order
of Hibernians.
CAPTAIN FOLEY And DEPUTY SHERIFF FINN

preme Court this city. The suit was commenced In
that Court in September 1870, oliver Dawson being
plaintiff therein and Erastus Dawson, Joseph Dawson
james E. Grannis, Jane E. Grannis, Dennis Mcmahon,
Thomas Mcmahon, william C. wetmore, Richard H.
Browne, william Pitt and Charles Pitt defendants
The complaint in the was drawn 1t is said by tho
plaintiff IN person, and is signed by him as HIS own
attorney. Although he was a builder and not lawyer
by profession, his complaint, which covers 267
folios OF printed matter, Is by no inartistc
in FORM The object OF the suit is TO obtain
q decree Of the Court authorizing the plaintiff
to have reconveyed TO him property on Broadway
valued at 100000 upon payment by him OF mortgages
thereon to extent OF about S16 000 executed in the
year 1856 to James r. Hyatt Other mortgages
were executed on the same property TO Erastus Da-
vison brother oil tbs plaintiff which were FORE
closed. Alter such foreclosure SUIT was commenced
by Charles and William Pitt TO compel Erastus and
Joseph DAWSON to convey to them Two houses and
in this city, such suit being based on previous
agreement TO that effect But before the termination
OF this tho property affected thereby had passed
into the hands Of third party, under foreclosure
sale OF q mortgage for $4,000. Wetaore BOVINE,
lawyers, OF this city, ana defendants IN this suit were
tho attorneys In the Pitts suit behaf OF Defendants
In the they failed to set up this Judgment OF
foreclosure and the result that there was rendered
against the defendants judgment Tor specific per-
the property in to the Pitt brothers. The
property already passed into the hands OF third
party under the foreclosure sale and 1t thus put
OF the power OF Erastus Dawson TO comply with
the judgment Of the Court For this Noncompliance
Erastus arrested as for contempt and Kept four
teen months IN Ludlow Street Jail In his volumin-
and somewhat complicated complaint Oliver Davi-
10 treat all The defendants, except Messrs
Wetmore & Bovine, comparatively nomlnally
such and points the heaviest oil mis- artillery at these
two gentlemen. He charges against them not only
acting their attorneys in suits rotating TO their prop
erty, but also conspiracy to get their
Il not actual corporation In procuring aud
perpetuating the Imprisonment OF Ernstus Dawson.
On these points the complaint charges specific ally,
upon Information and belief, that Tor many years
Mcssrs. wetmore BOVINE had been the trusted attor.
one sister, that the Pitts suit they desgnedy omit
ted to plead the foreclosure sale Of the property IN
question In that suit that they on the contrary, ad-
vlsed the defendants tnern, Joseph Erasus Davi-
that they had good defence irrespective OF such
foreclosure; that alter Judgment was rendered against
The Davisons, and they longer their attorneys.
they admitted on their behalf service OF an affidavit
aud order OF Court commanding the Davisons 10 show
before tue Court certain day why they should
not make the conveyance aecreed by the judg-
mens against them or be punished as ,n. or
men, OF Erastus they made no attempt te
procure his release but aidod the other side keep
HIM there that subsequently, through the aid OF other
counsel the late cxJ Judge Whiting, he was discharged
ground Of rreguarty in the proceedings; that
the money borrowed from Hyatt, who was at the tme
q clerk with Wetmore & Bovine, really the money
OF the attcr that when Hyatt bought IN the property
at sale he really acting the interest
OF wetmore L. Bovine, and when subsequently Hyatt
diod wlcd the property to Jane f. Price, the said
devise in point of actual and bcne-
fit OF Wctmore Il Bovine, or one Of them. Suisse
quentv, the complaint continues, Erastus Dawson
an action TO redeem the premises iron the
foreclosure OF the Hyatt mortgage, and judgment was
rendered his favor upon condition That he pay the
principal and interest. An appeal was taken rom lhe
decision OF the General Term releasing Erasus from
imprisonment TO the Court oil Appeals, where the
judgment below reversed ana Erastus again made
Inl,i. IN for m n WAS hnE
Erastus made settlement, which the plaintiff claims
brought about through threats oil his reimprison.
ment, in which Wetmore n Bovine participated, and
which settlement. plaintiff alleges was in fraud OF
plaintiffs rights in the Broadway property. which by
this suit 1t is sought to enforce. Wemore Bovine
in their answer deny generally anu specifically any
wrongful or irregular or oppressive act on their part
toward their former clients, or in relation 10 tho prop
erty in suit or any other property transactions In re-
lation to which statements are contained In the com
paint. When some lime since, one branch OF this
litigation about 10 come for trial III the county
oil Rensselaer, IN this state, and became necessary
10 have transferred to This city because OF tho resi-
deDce here OF large number oil material witnesses,
Messrs. Wetmore BOVINE submitted TO the Court an
affidavit presenting quite large array OF witnesses
intended to be used on their side, which include
many names much more prominent than those gen.
orally summoned into courts OF justice In this
affidavit they state tnat alter having fully anu fairy
stated their case to MIR. Charles OConor, OF Fort
Washington. they had been advised by him
that they had u good and substantial defence
the inertia Among the witnesses named
as Intended 10 be presented on the trial
William NJ Evarts and ex-Judgc Henry +. Dawes.
About two years the paintn In this suit, Oliver
Dawson. simultaneously gave up the ghost ard the
litigation But recently his brother, Darius DAWSON
has sought the suit, administrator of his
dead brother Tor the benefit of that brothers. orphan
SON For thIs purpose his counsel Messrs Henry G.
Dennison and John j. Riley, obtained an ex parte
order from Judge Donobue allowing the administrator
10 prosecute his brothers suit. Ii, on The trial, the
suit proves as interesting the complaint Is long and
complicated and the prominence oil the names OF those
connected with IT, both az parties aud witnesses,
would seem TO indicate, 1t VIII take rank among The
exceptionally important causes which from time TO
lime have occupied our courts.
THE "a. o. H." MANDAMUSED.
Judge Donohue, sitting in Supreme Court, Cham
bcrs yesterday, application of Matthew P. Breen,
counsel for Dennis Gerraty, James Dolan, Andrew
Burke, Patrick Fury, Patrick Doonan. Peter J. Dolan
and $50 others including officers and members, who
have been expelled from the Ancient Order OF Hiber
tians, granted orders to show cause why writs OF
nandamus should not be issued rcnstatns them in
Ihc rights OF mem bcrshp of which they have been de-
rrlved The orders made returnablc On the 9th
Inst The which led to the difficulty that brings
this ancient extensive organization into court as
set forth in the moving papers, are rather inter-
esting. 1t appears that the Ancient Order was
organized under the laws OF this State
the 10th OF March, 1853, and, although by It's
charter 1t provided the place OF business shall
bein tho city and county OF New York, yet II has
spread its branches only throue every
In the State, but IT'S ramincaous extend every
State IN the Union. In each county the order
nvided into branches divisions Kings county hov-
ing many as thirty three divisions, each being
nuder the immediate control oil its officers. These
divisions, however under the control OF board of
county officers which board is under the control OF
board of state officers while the whole organization
nnder the supervision OF board OF national officers.
IL further appears that each DIVISION the several
Counties subscribe certain sums oil money which every
month pad To general treasury known the I
State treasury, which turn pays its tribute to "a
national treasury. From the aiiidavlts made by the
Expelled members seems that annual
toDal convention Is held in the city OF New
YORK, and that in 1876 convention was /
held In winch every State the Union
represented by properly authorized delegates. As |
part VI The business 10 be transacted by this ConveD-
ton each delegate was obliged furnish annual re-
port OF the financial condition his respective State,
and that each county the State OF New York gave
through It's county delegate a report 10 the state /
vnf kIrla min.