The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1878-09-03
United states Circuit Court.

bEFOhE JUDGES fCLlFFORD AND FUN.
MoNDAy.-Anna X. Gilman VS.. ARENAS Libbey.
Bill in equity to set aside deed which plaintiff al
leges was wrongfully obtained by defendant. In
December, 1859, Nathaniel Gilman, native of the
State of Maine, but for many years merchant in
the Swamp, in New York, died at his country resi-
dence this State leaving property then estimated at
Sl,5OO0O0. He had been twice married and had by
both wives ten children surviving, among whom his
estate was to be divided, share and share alike. By
the second wife there survived three brothers aud
one daughter. Anna X. Gilman. Mebmers Of the
older branch Of the family had the principal man.
agement of the estate, Though Miss Gilman was
also an executrix under the will, and she and her
younger brothers have ever since claimed that they
have kot been fairly dealt with in the distribution of
the estate, and that large amount which should
have been part of their shares has been unlawfully
wasted in litigation, and in some instances misap-
propriated to large amount, and that no satisfac-
tory account has been rendered to the younger
children. In respect to that all tigation is pend
ing in the New York courts.
In her pleadings submitted to the court Miss Gill
man charges that in May, 1867, she arranged with
Judge Lbbev to aid her counsel, the understand
ing being that he was not to ask any pay until the
money was realized from the estate. With this I'M
deIstanding she says he proceeded until 1872, when
she asked him to present bill, that it might be
submitted to the Surrogate in New York ana al
lowed by him out of the estate. A bill was then
presented for $685. About year after defendant at
tached the property in question, claiming accu-
mulated debt of $780, and, finding Miss Gilman tenn
porarily in this State, served her personally with
process This he did, according to what he told her,
to protect the property against other parties, and
said all he would do would be to protect his security,
and would take no advantage. Relying on that she
says she went to New York and dill nothing further
in the case and the result that he entered judy
ment against her individually, had the property sold
out and bought in for the amount of his Judgment
taking deed of it from the sheriff. 1t is to set aside
this deed and all the proceedings which it is based
that the present suit was brought in the United
States Crcnit Court.
Judge Libbey in his answer denies all the material
allegations of the plaintiff and claims that Miss Gill
man did not meet and arrange with him to act as
her counsel until year after the time she states;
that he served her professionally for seven years as
an individual and not as an executrix, and that he
agreed to wait for his fees to be allowed out of
he estate. He alse denies, substantially, Miss Gil
mans statements as to the representations made to
her after her suit had been commenced. He COM
menced such suit, he says to himself against
claim of one Baker for $780, and it was his pur.
pose to allow her to redeem her equity within the
time provided by law. In respect to claim made
by the plaintiff that the defendant rendered the
judgment under which the property was sold after
he was elevated to the bench he says though judy
ment was rendered at a term held by him, he was
not sitting on the day on which the judgment was
The case was heard last Thursday, and to-day the
opinion of the COURT concurred in by Judges Clifford
and Fox, was announced, dismissing the bill with
costs for respondent. Both judges expressed them
selves convinced that the evidence removed all
shadow of doubt of the uprghtness and legality of
Judge Libbey's acts in the matter.
Mr.. Seward of New York appeared for Mrs. Gil
man, the other counsel on that side being Judge
vanderpool and W. W. Gage of New York, and Hill
lard, Hyde and Dickinson of Boston. Mr.. T. T.
Snow of Portland appeared for the respondent.