The daily gazette., 1879-12-08
FIRST EDITION.
OUR COUNTY COURTS.
s"h"iFFs SALE BUSINESS - OTHER
MINOR MATTERS IN COURT.
Specially reported for the Gazette.

shEhlFFs SALE BUSINESS - OTHER
MINOR MATTERS IN COURT.
Specially reported for the Gazette.
NEW CASTLE, Dec. 6.-In Court to-
day, after the conclusion of the GA
zErTE's report, the court set aside the
sale OF David Lemons property on the
grounds OF gross inadequacy of price.
The evidence in the case was as fol.
lows:
Samuel Floyd testified that he had
built the building for Mr.. Lemon, and
thought that it was worth $4,000 with
out the machinery.
WIN. Bright testified that he thought
he property was worth $4,000. /
would give $50, 700 for 1t II l wished to
buy the property.
DIR. Joseph X. Tantum testified that
the property should have brought $20,-
600 on the 1st of October last.
James Ware testified that he thought
that the property was worth So, 900
or S23, 900 In October last, when it was
sold.
Philip Plunkett testified that the prop
erty was worth $4,000. II owned it
would not take $25, 600 for il.
Samuel McClary testified that the
property was worth $20, 900 for any bust
ness for the candy business it was
worth $4,000
John Green testified that in his judg-
ment the property was cheap enough at
$4,000. lie would give $4,000 for it
himself.
George w. Bush, for the plaintiff, tes-
tilted that he would not give more than
$4,000 for the property.
Mahlon Childs testified that the prop
erty was estimated to be worth Sl5,-
900.
George S. Capelle testified that he
would not have given more than $l3,-
600 for the property.
The court heard the application to set
aside the Sherifl's sale of Rebecca A.
Whitelock's property In Middletown, OF
Nov. 4. The rule was issued on motion
! OF Bird and resented by Rodney. The
property was sold for $500, subject to
judgments amounting to 1928, and wit
nesses testified that IL was worth 500
or $500. Mr.. Rodney said that when
he bought the property he was prepared
to bid it to 5000, but the plaintiffs were
| not present. The court reserved It's de-
| cisiOn.
In the case OF Joseph Hassinger's ex-
ecrtors VS.. Edward Stroud, rule v as
| granted upon motion of Benz. Neilds,
Esq, defendants counsel, to show why
a judgment note entered in the Superior
| Court should not be set aside on the
grounds of usury. Mr.. Gray appeared
as counsel for the plaintiffs. Court
heard argument of counsel and reserved
her opinion whether they would grant
an issue to go to jury to ascertain the
fact of usury. The facts of the case
are these: In 1869 Edward StrouC
made a note for $50, which was en-
dorsed for his accommodation, and il
was given to Hassinger, OH which, it |:
claimed, interest at the rate of ~ pei
cent. was charged at every renewa
thereafter until 1873. In 1873 the
amount was reduced to $500 and tht
note divided into Judgment notes o
500 each. One of these was entered
in the Superior Court and held by Jas
Ii. Raw. Mr.. Nei.d's motion was to Sc
aside this note.
MIR. Lore filed the affidavits of th,
publication of the notices of incorpora
ton of company, styled the james
Webb Printing Company.
The court granted an order to inves
the money of deceased person, nov
deposited in bank, to the order of tn
court.
Mr.. Bird called attention to the returl
of &. G.. Rumford, Esq, commissione
in the divorce case Of Rebecca Carswel
VS.. Z. T. Carswell, decreeing divorce
on grounds of failure to support. ii
moved that the case be remanded bac
10 the commissioner, with leave to IN
troduce new testimony. He said h
made the motion because, since th
commissioner closed the case, he ha
discovered testimony showing that h
did offer his wife home. The motto
was argued and the court withheld II
decision until 1t could consult with MI
Rumford.
In the case of Thomas Drien u So
VS.. William Mitchell, for a judgment c
S25, ii. r. Pennington had the jud!
ment reversed owing TO obscurlty AL
mistakes in the return OF the Justice
the Peace.
Some minor business was also tran
ted and at $40 court adjourned to
| o,,iock Mondav morning,