Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-03-27

oourt of New Castle county opened at
IN cookbook Monday morning with Chan
aslor Salisbury and Judge Wales on the
bsnoh, Samuel W. MoCaulley, Esq
,nsda a return OF real estate sold On
Grange street near Eleventh, pursuant to
an order of the court.
Frank II. Hotfeoker, ESQ.,, guardian OF
th. minor children Of Richard Roe,
deceased, applied for an order to allow
him to sell certain property belonging to
the estate, and said that 1t WAS only a
question whether 1t should be sold by
him or the tax collector.
The chancellor read the decision OF the
oonrt in the case of the New Castle Iron
and Steel Company, which was argued in
chambers about a year ago, and the facts
of which are a. follows In October, 1881,
The com any finding that IL WAS in failing
circumstances appointed Alfred s.
Elliott as assignee, giving him instruo-
tlons to sell the property and. II
the proceeds were sufficient, to pay all
the debts, but il they were not, to
nav the creditors without preference.
The assignee accepted October Oath, 1881,
and on the 25th Of that mon b the chan.
celor appointed an appraiser, who made
HE return on the 26th. Several Of the
creditors who were dissatisfied with this
arrangement had writs issued by the
United States court under which the
marshal seized the property, but by
agreement 1t was sold at private sale
and the money held to await tn decision
Of the court on the question II the assign.
ment was sufficient to protect the debtors
from an action by other creditors.
The chancellor decided that where an
assignee WAS appointed by the debtors
without the knowledge or assent of the
creditors, such appointment was invalid,
ss 1t would leave the creditors without
remedy against his decisions. Hoffecker
l. Roheoker, gave notice that they
would appeal from the decision of the
chancellor in the CASE.
The chancellor also gave decision in
the Gaze of Gambell, White X Co. Va
John A. Harris. This was an application
to set aside the sale of certain properties
which the oomplainants alleged had been
conveyed to Wilbur W. Harris, a son OF
the defendant, for the purpose of de-
fssuding them and others Of claims
which they held against the defendant
The affidavit of tine complainant alleged
that the property had been conveyed
without due consideration and after the
defendant had learned that Judgment
would be asked on the claims. The de
fendant had made answer that there
were certain mortgages on the property
and that 1t had been conveyed to the son
with instructions to satisfy them aud
apply the remainder toward the payment
Of the claims; that the property
would not sell for more than tine mort
gage and had been conveyed to the
holder.
The chancellor declined to set the sale
aside as he said 1t had not been shown
that the property sold for less than its
value neither had it been shown that
John A. Harris was not at the time
possessed OF other property sufficient to
pay his debts.
On motion of George Gray, Esq the
clerk was directed to enter the name OF
Clifford James, ESQ.,, on the record. Mr..
James was admitted to practice in this
court in 1877 but by some oversight 10
record was made.
william C. Spruance, Esq, presented
the petition OF Rlls ] Bush, stating that
she was entitled to an annuity of 300 in
quarterly payments from the estate OF
David p. Bush, deoeas ed, and th at it had
been sold subject to such annuity, VIII oh
had not been paid since last Decem DER
She prayed that en- order might be issued
ordering the payments to be continued
during her lifetime. The matter waf
held under advsement. Al l O'CLOCK
court adjourned until 3 O'Clock
The court in cbancery and orphans
court reconvened at 3 O'Clock io I h,
afternoon, with the chancellor on thu
bench, Immediately after the opening
u. q. Bradford, Esq, attorney for Roth
we'll Wilson, asked that the application
OF Mr.. Wilson for preliminary ipjanc
tion to prevent the Baltimore Il Philadel
rhie Railroad COMPANY laying their track
on his farm, near Newark, be- taken NJ
for argument.
Levi c Bird, Bsq, attorney for the B
" Y. Railroad Company, said that he wa
not ready to proceed with the argument
sud had no idea that it would be takei
up at present, as the summons which wa
served on him by tine sheriff, had ORDERED
him to have his answer ready on the IN
Of April. He said that he was spxi0u
to have the matter settled at orce
possible, and was engaged in writing hi
answer when the summons wac served o.
him, but that he could not be ready Il
less than five days,
Mr.. Bradford ia d that he did not wis
TO push the matter on Mr.. Bird, but wa
anxious to have the argument heard, an
II was finally agreed that the rule sboul
be continued until Monday April It'll.
On motion of Thomas DAVIS, BAG Tia
return of the treeholders on the petitio
for partition of the real estate OF tn
late Jahu CHM, in AppcquinininB hun
dred, was continued until April 10Th.
William e. Spruance, Esq, asked pei
mission to file the petition Of Ella
Bush, and said that he would not ask 70
the granting of IN order at present.
return of the commissions on small
piece of land near Newark, valued {
s4bO, was made by Benjamin Nield
Esq, aud an order granted for its sale.
On motion of Edward g. Bradford, Esq
the chancellor appointed George Gray al
William c. spruance, Esqs., committ'
10 examine John G. Moore, Esq, for ~
mission to practice in the court in chai
Gerry and upon their making iavorab
report he was admitted.
The return Of the commissioners on IL
estate of Dennis Mclaughlin, late
CLrlt!iana hundred, WAS made by Franc
Walker, Esq., and on his motion 9
order was made for it's sale subject to
widows dover.
Benjamin Nlelds, Esq., the trustee
The estate OF Ann and Hannah Cleadel
which was ordered to be sold by the la
court reported that for good al
sufficient reasons the sale WAS n
elected, and on his motion the matt
was continued until next court.
a return OF the commission of FIRE
hoIders appointed at the last term
court to view and apprsise the properti
OF the late Mr. Anderson, was made
Walter Cummins, Esq. Mr.. Anders
h.s been dead a number of years a nd h
Sidow disd recently, leaving the estu
which Ia valued at 50, 700, and on mott
Oh ar. Cummins an order was granted
its sale.
Char csllor salisbury and Judge Wa
We're both present Tuesday MOI
ing, Wien the court in ohancsry a
orphans' court rseonvened.
Victor dupont, Req, made spplicsti
10 nave an order issued for the paymei
CUT OIL tue purchase money, of the taz
que ana properly belonging to the estl
Vi 'ohh coyle, which had been sold
9ruer OF the court, and purchased
henry DUPONT for $4,000. MIR. DUP
"ntended that the law provided that
putehsser OF property sold by order
ae ofphans' court should receive ii OF,
VI al claims. He was sustained in t
view OF the matter by The court, and I
amount OF taxes due ordered to be ado