Delaware gazette and state journal., 1884-05-29
uOURT PROOEEDIH0s.

.aatardAy AFTERNOON Wook.
''pb IN tbs osse of Henry Ksfroth Va. Will
NJ, Cloud the Jury gave . verdict fol
.%s " plsintif for sl, l,062 Is, being the
smonpt .uv of principal and interest Of the
.no notes fr $500 and 1900 The Jury
Wv" tbsu discharged for an hour Mr,
pmmons, gave notice Of motion for q
NV Harry Rmmons, Esq made application
:. bave szsiu set aside the sherit's sale
~ Jossph and George Pritohard, whose
.,onarty was recently sold to Charles NJ
,,oome for 81 725, subject to mortgage
a. AZ 900. 1t WAS claimed the price waf
tnsapouate, as the property is worth from
alO 600 to 1000, and Robert Fitzsm.
e 'nons otfsrs to pay %, 900 for It. The rule
cas- made returnAble on Saturday.
frank Il Hofieoker, R'q., on behalf OF
,bs City Buildipg and Loan Association
smiled for writ Of possession against
William P. Froude, whose property the
snplicspt recently purchased at sheriff's
ssls. The rule was made feturnable on
Monday.
william C. Sprusnoe, Esq., took an inqui.
sitiop to recover $l2.30 due by Mary K.
Anpleby and others to ex Sheriff Philip
R Clark to the use Of William H. Haw.
thorn. and the Judgment was duly
entered.
Austin Harrington, Ksq also took an
Inonisilion In the case Of Barkley &
Brother against John N. Ogle. After
hearing the testimony Of James Bsrkley
,he iufy gave verdict of $l18.43 in favor
Of the plaintiff.
Court then adjourned until 10 O'Clock
TIM SHAY morning.
Court opened at 10 O'Clock Thursday
morning, and, ah,r nearly half an hour
spent in discussing cases marked for trial
In which the parties were not ready "a jury
Of lnquisition was drawn in the case OF
Mary Mcnamara VS.. John Murphy. The
plaintiff proved the amount Of her claim,
400, which Murphy had borrowed Of
her, and there being no opposition YER
dict for this amount WAS rendered, with
interest from January lat, 1875, making
a total OF el55 so.
ON application OF Henry R. Pennington,
Bsu connsel for defendant, the case OF
Adolph Miller VS.. Henry W. Stout was
continued, oD the ground Of the absence
Of a material witness.
A Jury was drawn in the case OF josh uA
Clayton, assignee, vs. James II. Soow-
driCk and wife, action on q mortgage.
John Biggs, Esq., for plaintiff and Hof.
iecker x Hoffecker for defendant. The
mortgage is for "a 900, and was given to
Martin x. Walker, who assigned 1t to
Josbul Clayton, to whom various credits
we're paid. The balance due is 81 ,320,
with interest from July 9th, 1880. The
mortgage, assignment and credits were
offered in evidence by the plaintiff, who
then rested his case.
The defense claimed payments on the
mortgage amounting to $2.676 ID, up to
1917, when an agreement was entered
into with Walker, who, was guardian OF
Thomas W. EliasoD, that the latter
ihOuld, until he attained his majority,
board with Scovdriok for the sum OF $3.50
PEI year, which Walker WAS to credit on
The mortgage. Further, that after this
Yreement Mrs. Soowdriok paid Walker
lSOO in two payments, which made the
total payments amount to $2,976.l4 and
With young Elssson's board, more
than paid the full amount of the mort.
lsgs. Mr.. Hoffecker also said he would
prove that Martin Walker without Snow
irlcks knowledge assigned the mort
sage to Clayton as security for loan of
1900, and that the assignment was not
recorded until January, 1888, six months
After Martin Walkers death.
Mr.. Scowdriok was called to the stand
and testified to the payments above
enumerated. He said Walker, prior to
their sgrssmert, paid him $50 every six
months tor young Eliason's board, but
Ai.pr their arrangement the board pay
msnts we're stopped, IS they were to be
credited On the mortgage This con
Iinued until young III sson became Of
age, In December, 1882
Tue examination OF Mr.. Scowdrick
occupied Il time up to l O'Clock, when
court took a recess until 3 o'clock.
During the session Henry Psdbery OF
New Castle, a good looking young Ger
man, to1k tue necessary afidavits and
bscame nRturslixed oitiz OF the
United States
When court reassembled at 3 o'oloek
IN the afternoon, the case of Huey &
Criat va. John Glenn was settled by a
verdict for plaintiff, the amount to be
suits VI Wright 4 Son, Ii. b Wright <
'Nfi hu'A y hulfF n w llhUn Vb.
Aslloy Comfy we're discontinued.
Tbs case Of Clayton vs Scowdrick was
then Resumed, With NJ. 5cowdfivh on the
stand. lie was orJss questioned clossly
bJ Mf. ggs. plaintiil's attorney, in an
attempt TO draw an admission that the
money paid TO Martin 4 Walker, which
l4 alleges were credits on the note, were
Collections made by Walker, who WAS
sNFdN'ks assignee, In settling up The
later bu,iuess, The witness refused to
sin' tha, aueh was the case,
M's E,tan0ra NJ. Soowdriob, lie Of the
le'"idsnt w4s callei to the ard, bat
NJ B'g98 Obj 'cted, on the ground that
shs 'nld Lot testify on her husband's be-
nal D,iendant's attorney claimed thst
s' lie ias for the property against which
lbr mortgage rested was vested in Mrs.
scoEdrck ahe would be tes.iiying on her
4 own bshalf and not on her husbands.
ihe court sustained this view, and Mrs
Se9witlck testified that she paid Martin
S'"slker $500 on account OF the mortgage,
y a check dated March 18th, 1877, and
'oVV later in the year; she also made
Vher payments, for which she took no re-
oslP', having confidence in him. The
Clscs Tor $500, and receipt for the $500
PNment were offered in evidence. She
iuhh-r testified that abe did not know
@l' Clayton had anything to do with the
mortgage until 1881. When she heard Of
u she called on Mr.. Walker,
hno told her that she was not
70 know Col. Clayton in the
msHsr at al whereupon she went away
satisfied The winter before Walker
u,eu he promised to come up to Philadel-
fnlSi where witness was residing, and
as'e settlement OF the mortgage, but
us death occurred before he fulfilled his
PROMISE although Mrs. Soowdriok said
sue was sure he intended to do as he said.
Ihafles Is Cochran, Edwin R. Cochran
aud Thomas Cochran testified that they
saVe notes to James M. Scowdrick, for
soa ~ 1850 ami 5000, respectively, and
PAlu them when they fell due. These
Tus W. the notes Soowdriek turned over to
"S,Ser hs credits on the mortgage.
:, rue defense here rested. la REIN tai
I' Pa'nuh called Charles C. Clay ton,
sao testified to seeing James II.
iv'"df'ck signing an assignment Of his
~t Insurance policy to Ma tin Walker,
'Io III turn assigned 1t to Col. Clayton.
oo.oael Joshua Clayton testified that
w PA'a " 900 to Martin II. Walker, ior
,ue mortgage, which the latter assigned
r' niul' and acknowledged credits fol-
paymen's made to him, which left bal.
snce OF III 800
1ol, "a, io o'ol ok oourt djOur I'D until
Wo'clOck Friday morning,
,..n .ue case Of Clayton vs. Scowdriok was
Nel "'rl, at the opening Of the superior
Rn, friday morning, when Martin B
WIS WI one OF the executors Of Martin X
"Aker, was called to the witness stand