Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-11-07
A CELEBRATED CASE.
Rights of CeStui Que Use to be De-
termined in an Ejectment Suit.
NO CHARTER FOR HORSESHOERS.
FranceschilIo, the Italian, Will be on
Trial for Fratricide.
FRANZ KELNER FOUND TO BE INSANE

A case was argued in the Supreme Court
yesterday which involved more complica-
tiOns than usually accompany suits. The
title is: The Peoples Savings Bank VS..
Christian Denig, terre tenant, with notice
to Benjamin F. Wilson, the Woods Run
Saving Fund and Loan Association, James
Wallace and Amelia Gilleland Irwin and
- Irwin, her husband, action for eject
ment for 70-scre tract of land in Braddock
township, formerly Wilkins township, error
to the Common Pleas No. of Allegheny
county. The case is celebrated one, not so
much for the amount OF money in
volved as for the determination
with which both sides have fought it
and the legal principles involved. There
are host of lawyers engaged. Dalzell,
Scott and Gordon ior the Peoples Savings
Bank, and n. w. Shafer, Joseph A. Lang
fit MontOoth Brothers. j. NJ. Garrison and
Marshall & Imbrie for the various defend
ants in the court below. The history of the
case goes away back to 1S45. For the de-
PENDANTS in the court below, Mr.. Shafer
was chosen to make the argument.
Barnet Gilleland died in that year, seized
inter aha OF a tract of land in the township
named, and prior to his death indicated to
certain of his children parol partition of his
land into three alotments and William, son,
sister was Lydia Wallace Her estate was not
TO be subject to the control or debts
of her husband. If at her death she lett chill
dren, they were to inherit; but If none, the
estate to revert and become part of the resldu-
AIRY estate. it is contended that the trust was
never extinguished by any act of the trustee.
Lydia Wallace, the cestui que use, died in
1889. Her husband, James Wallace, is still in
the flesh, and a son, James s. Wallace, sur
wives, with the trust outstanding Lydia Wal
lace undertook in March, 1873, to bar all es-
tates tail IN the land. supposing her interest to
be such, by making deed to John w Wyhe,
who reconveyed to her on the same day.
made another deed to Thomas ]. Jack
for the same purpose and on the same day he
reconveyed to her for the consideration of one
dollar for the purpose Of debarring and destroy
ing all estates tail in possession, remainder or
reYersions etc.
FURTHER FACTS IN THE CASE.
of the said Lydia Wallace In neither OF
these conveyances did her husband James Wal
lace, nor her trustee join. On the 30th of the
same month she gave mortgage to the Peo-
PIES Saving Bank of Pittsburg, for three years
for $4,000 in which proceeding neither husband
nor trustee joined and on her order, attested
by Thomas ]. Jack the bank paid $1,000 to G.
H Love, and defendants in the court below
hold that her purpose in borrowing the money
has never been disclosed. In 1873 the bank is
sued a scire facias to foreclose against which
Lydia Wallace defended that she was married
never came to trial and the papers
are lost. The case was abandoned for the
time but in 1856 the bank brought suit in eject
ment and served noice on C. Denig tenant
in possession, with notice to the Woods Run
Saving Fund and Loan Association, Of Allie
gheny City, landlord, and the other defendants
interested.
The Woods Run Saving Fund and Loan As
sOciation was creditor of James S. Wallace
the son, and in December, 1850, had attached
the lands in foreign attachment as his and in
ISL obtained judgment against him for IS 5S7 81,
and in December, lSSS the land was sold as his
property and bought by the Woods Run Saw
ing Fund and Loan Association which has
since been in possession. Then James Wallace
the husband, claimed that if Lydia, the
wife, had an estate tail under the
will Of her father he had and still has also, and
right to possession as tenant by courtesy.
claiming that there was not sufficient proof of
prnhigacy or uesertiOn by him, and claiming
rhat his wife having acquired the land prior to
the passage of the act of 1856, desertion could
not divesT his estate He also claimed a life |
estate in one.half as father Of the deceased |
daughter, if the estate was vested one in his |
children
QUESTION OF TITLE.
B. F. Wilson defended under deed of the as |
signee in bankruptcy of James s. Wallace,
John NJ. Kennedy. Wilson claims that James |
S. Wallace, the son, had a vested remainder
under the will, and that his interest became
aDSOluDe IN MIN on Jne QeatQ OF LlQla w allace |
in 1880
Amelia Gilleland Irwin claims title by virtue
of deed of James s. Wallace, made out by the
State of Pennsylvania in 1850. but not recorded |
in this county until June, 1886 These out. |
standing titles, defendant in possession sets |
up in bar of plaintiffs recovery, in SO far as |
any of them show better title. In December. |
1885, the case was tried, and counsel for plain
tiff asked Judge Collier to charge the Jury |
that if it find from the evidence that James |
Wallace, husband of the mOrtgagor had at the |
date of the mortgage and prior thereto from |
drunkenness. prohigacy or other cause, wilIfully |
neglected or refused to provide for his /
wife, or had deserted her her prop |
erty became subject to her absolute |
disposal and the mortgage was valid. c. |
Denig's counsel asked the Court to charge on |
L points substituted; James Wallace's coun-
sci on two and counsel for Amelia Irwin on |
one. The jury found for plaintiffs for 6L cents
damages and costs, and in September of this
year new trial was refused and a certiorari |
was filed Two of the Judges in the court be- |
low felt squalitied to sit during the trial on |
account of financial and previous professional
relations with the plaintiffs.
Messrs Shafer and Langfit submitted q as.
slgnmentS Of error and their paper book con- /
tains IA pages and the argument is an ex- |
tenslye dissertation on questions of the pow-
ers Of femes covert and femes sole.