Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1884-03-24
THIRD EDl7l0N
COURT IN CHANCERY
The opening this MOrning-TwO
Important Decisions.

Important Decisions.
Shortly after 10 o'clock this morning
the Orphans Court and Court in
Chancery for this County was opened
BY Crier Smith, with Chancellor Sails
bury and Judge Wales presiding. A
return of the sale of frame house OnI
Orange street near Eleventh, ordered
BY the la,t Court, was made by Samuel
w. Nc Galley, ESD,
Hotfecker Il Hoffecker presented a
petition as guardians of the minor
children of Richard Roe, asking per-
mission to sell certain property belong
ing to the estate of the deceased.
The Chancellor then read the opinion
of the Court in the case of the New Cas-
tie Iron Il Steel Company, which on the
sd of October, 1881, made voluntary
assignment of all its assets to Alfred s.
Elliott as assignee, on condition that
all the effects were 10 be sold, and If the
proceeds were found sufficient they were
to be applied to the payment of all the
debts against the concern.
If on the other hand, the proceeds
were not found sufficient to pay all the
debts, such as could, should be paid
without preference. On the oath of
October, 1881, an appraiser was appoin-
ted by the Chancellor, and made
his return on the Doth of the same
month
Shortly afterwards certain creditors
made application to the United States
Court, and writs were placed in the
hands of the United States Marshal by
which he seized the property of the
TIa al
that the property should be disposed OF
at private sale, and the proceeds held
until the matter was decided by the
Court.
This was accepted, and the money is
now in his hands, ami the question up.
on which the Court was asked to past
judgment, was whether the a,sigumen,
of assests BY a debtor was sufficient to
protect them from other creditors.
The Chancellor carefully reviewed the
entire case, and decided tat as the as
signee was appointed by the debtors,
without the knowledge or consent OF
the creditors, such appointment was
invalid and void, as the creditors woulC
not have any appeal from his decision
A decision was also read in the case
of Gambrell & White and others VS.
John A. Harris, on an application tt
Set aside the sale of certain real estate
which it was claimed by the complain
ants had been conveyed after it became
known that they intended to have
judgment granted on it and that the
sale mas made for the purpose of de-
trauding them.
1t was shown that there were two
mortgages on the property in dispute,
and that it was conveyed to Wilbur W
Harris, a son ofthe defendant, on con
dition that he was to paw the mortgages
and then if the property sold for more
than that amount the remainder was u
he pa id TO the creditors.
1he property would not bring more
than the amount of the mortgage, ant
it was conveyed by Wilbur w. harri.
to Eli Nichols, the holder of the mort
gag.
The Chancellor declined not to set the
sale aside, an it had not been shown by
the compliments that John A. Harris
was not possessed OF other property sui
ficient to pay his debts, neither had il
been shown that the property was dis
posed OF for less than its value.
George Gray, Esq, stated that al
though ClitiOru JAMES, ESD, had beef
admlJted to practice in the Court il
Chancery several y ars ago, it had new
er been entered on the records, and the
clerk was directed to make the proper
entry.
hotfecker & Hotfecker gave notice
that they would appeal from the deci
sion of the Court IN he case of the New
Castle Iron 4 Steel Company.
William &. Spruance, ESQ, made aP,
plication 20 have Charles NJ, Curtis,
Esq, admitted to practice Ill the Court
in thancery.
Mr. Spruance also presen o he p l
ton OF Ella j. Bush, who state, that
she is the owner OF an unsatisfed mort
gage given by Mr.. David +. Bush
providing for annuity Of 500, payable
III quarterly payments duling her life
time.
That the payments had been made uE
to Dect mber last, ana Since then had
ceaat Il, and the petitioner asked that al
Order be granted TO secure the payment
TO her. The matter was held unner ad-
visement and Court adjourned until
O'Clock this afternoon.