National Republican., 1883-09-20
BEFORE THE BAR.
A Suit 10 Quiet Title TO City Property
An Important Ruling by MIR. Justice
.Inmes-The Record.

A suit 10 Quiet Title TO City Property
An Important Ruling by MIR. Justice
James-Thc Record.
Martin Keef filed bill in equity yesterday
against W. L. Bramhall, f. B. Baker, and
others to quiet title aud for injunction to re-
strain defendants from claiming an interest
in lot square $50, being house No. 3ls d
street northwest. The complainant AYERS
that he purchased the property from the late
w b, Todd that the defendant, Baker, and
other', claiming to be heirs Of the late j. s.
Stephenson, claim that they have, by con-
veyance on Nov. %, 1882 undertaken to have
conveyed to Anna l.. Bramhall the west half
of the lot for $500, although the property is
worth much more. The complainant further
states that Mrs Bramhall never paid cent,
and that her husband WAS the instigator OF
the pretended transfer 1t is also alleged
that the other half of the lot was pretended
to be transferred by Mrs. Bramhall to her
husband. They pretended to transfer the
west half with other lots to the other defend
ants who conveyed 1t TO trustees, and by this
fraudulent claim cloud has been cast on his
title, injuring it to the extent OF 500 lie
states that the trustees have given notice to
quit the premises in thirty days, which mo-
tico was dated July 81 last, and that Bran
hall and Baker refuse to bring action in
ciectment TO try the validity OF their pre-
tended title, but are seeking to constrain him
to pay them n certain sum OF money as q con-
sderaton for deed of release of their pre-
tended title He charges that the claim is
made for the purpose of obtaining money
from him rs they have from others. AS the
trustees have refused to resort to legal pro-
ceedings, the defendant says he is constrained
to bring this suit
In the case of Resecrans VS.. the district, to
enjoin tax on lots = and 90 inclusive, in Mar
,,t1,, nf
Judge James in the equity court yesterday
granted rule on the defendants returnable
ON Monday next
Mary Cavanaugh, through her attorney,
Campbell Darlington, yesterday filed suit
against Thomas w. Smith for damages. The
plaintiff states she was bitten in the leg by
vicious dog owned by the defendant, which
incapacitated her from her duty for eight
weeks, during which time her life was in
danger, and she suffered much from the in
jury.
There were no divorce suits filed yesterday,
but the marriage market was active and
strong throughout the day ,wikb tendency 20
the Virginia candidates.
In the case of Vincent VS.. Vincent Mr..
Justice James made ruling yesterday of
much Importance to the profession. The
wife filed bill for absolute divorce on
the ground of cruelty and drunkenness,
and tho husband filed cross bill for
examined the wife as general witness. No
objection was made, and she was elaboratey
cross-examined. Mr.. Chandler offered the
deposition so far as it might prove cruelty.
Mr.. Earle urged that, as she had been exam
ined on her own behalf and without objection,
the whole deposition should be read; that he
had right to the whole of it on her sworn
statement as to the matters upon which she
had spoken but that if this were not the
proper construction of the rule, that then the
portion as to alleged cruelty was incompetent
because this was not a bill for divorce from
"bed and board" but for absolute divorce.
His honor, in concise and lucid opinion,
held that under the ninety. eighth equity rule
the complainant could only be examined as
10 cruel treatment when no competent wit
ness was present, and then only in cases
where the application was for divorce from
bed and board" when it would be analogous
to her examination or application for peace
warrant. This ruling he considered to be
the construction of the general term in Rus
sell VS.. Russell and in Burdett VS.. Burdett,
and he excluded the entire deposition.
THE RECORD.
EQUITY Court-J,ld0e Jdmes-Shoemaker VS.
Shoemaker; certain persons made parties, and
cause referred to auditor. NOrment VS.. Ward
McBarnard appointed commissioner to convey to
Margaret a. Normeut. Vincent vs.. Vincent; hear
ing continued. ROsecrans vs.. District of Columbia
rule on defendant, returnable Sept. "a, granted
Jones vs.. jones; attachment On defendant ordered
10 issue. Adjourned until to-day.