The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-03-16
LEGAL ENTANGLEMENTS.

Before tho General Term the Supreme Court there
argued yesterday tho appeal the brought by
Simon Bernheimcr and others against Benjamin A.
Willis, member OF Congress IRON THIS city. The
litigation has before tho light OF the General
Term, and this occasion it presented muddle OF
legal entanglements which only shrowd lawyer
would investigate. The controversy originally
began In 1875 by q suit TO forecose u mortgage Tor
SIS 700 made by Mr. Willis; but the defendant In his
answer alleged counter caim-that at tho time OF tho
giving OF tho mortgage he desired to borrow $4,000
from tho plaintiffs; that instead Of loaning that
sum they gave HIM but $4,000 and
security took the mortgage IN question and
also u decd OF one-half OF the plot
Of land, which no alleged was to DO considered merely
rs q mortgage to be cancelled when the Sc, 600
maid The former sum Mr. Willis offered in his answer
10 the plaintiffs would satisfy the mortgage ana
rcconvey the lot covered by the doed. 10 TINS now
mattsr the paintis failed 10 repy required by tho
code, whcreupon the defendant made motion Tor
Judgment. winch WAS denied. An appeal being taken
10 tho Ge.oral Term this order was reversed, tho
Court hoiding that tho matter was Sufficient as
counter claim and demanded reply. But while this
appeal was yet undecided the main issue WAS tired
and judgment rendered Tor plaintiffs Tor SIS, OOO
Buuscq under the decision OF tho General rerm
the defendant. moved to vacate the judgment
no reply having yet been served-wnich motion was
Denied by Judge GILBERT sitting Chambers, in this
The appeal from this order was tho subject OF
discussion yesterday. Mr.. John r. Dos Passos, coun
sci for Mr. Willis, contended that the oroer OF tho
General Term ipsO iacto vacated the Judgment, and
that II should have boon set aside, especially as tho
plaintils had openly refused TO reply and had ad-
mitted the truth Of the counter claim. On tho other
hand paIntns counsel Mr.. Cornelius Runke, claimed
that the order proper, inasmuch AZ II was not
within the power OF Judge at Chambers to SGT aside
regular judgment merely upon aidav.ts and that tho
defendant had his remedy appeal from tho Judg-
ment. The Court took the papers, reservng It's do
clson.
MOTHER AND DAUGHTERS-AT-LA
TIE trial Of action commenced yesterday be-
fore Judge Freedman of the Superior Court by Mary
Z. Lucky and several others, children OF Ann NJ.
Odoll to set aside conveyance taken by tho mother
In November, 1854, at a shcrn's salo on tho lore.
closure OF a mortgage two lots and buildings In
Thrty-sixth street, IN this city, which belonged to
thsir father, Jamos NJ. Odell The chdron claim
that, Notwithstanding thor mother purch aseD tho
property tho sberin's sac, trust resulted In
favor she being tho guardian In socage and tho
plaintiffs being infants at tho timo OF tho SALE Tho
defendant claims that the property In question was
originally purchased with money belonging to her, and
that tho title 10 the property was taken IA the nano
OF her husband, without ner knowledge before his do
cease, anu that although she was guardian
s0cago the time OF the foreclosure sale to her that
could result favor vi the Children Tor tho
reason that the consideration money originally was
advanced ny her aud being under ITO impression that
the title TO the properly was IN her and her hus
bands at the time OF his deccasf at she bciog
seized by the entrcty was entitled tdbc property
his deceasc and that AT the sncri's sale 1854
advanced tho consideration money. some vi tho
plaintiffs are now living with their MOTHER notwth.
standing the SUIT, and the dcicndabts lather and
mother also residing with her, they pclng upward
OF eighty years OF age M,ssrs. culver Wright APP
pcared for the plaintiffs and Mr.. George W. McAdsm
Tor the defendant
NOMADIC ITALIAN GIRLS.
n.tx~ al. rAo In