Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-10-03

choice to make his plea and he entered
demurrer he characterized such a
course as trA'ng with the court He
objected to the claim because the people
were not Ia position 60 file lien.
Mr. Vanderbilt said there was nothing
unusual Ia such a course. lt was com
mon practice to do IT,
The court allowed Mr.. Yandegrift to
withdraw his demurrer
Gross Inadequacy OF Prico.
]. a. Hoifecker, Jr.. asked the
Superior Court TO set aside the sheriff s
sale of two forms In Black bird hundred
belonging TO Mrs Sarah p. Mason OF
Smyrna The farms contain 80 acres
and 80 perch IS. aud 81 acres and 80
perches. respectively. No / sold for
$3.50 aud No sold for $500. The sale
was made to satisfy judgment in favor
of Joseph p Nichols. Mr. Hohscker
made his application on the plea OF gross
inadequacy of price Lllburue P. Chand-
Ter represented the defendant.
John l.. Simmons. John w. Carroll
ex-Sheriff Alvan Allen and Andrew P
Spear testified that the land was worth
between $50 aud $40 an acre. John
Deakyne, William Reynolds testifie
that they did not think the property
worth more than $50 for the first tract
and SIS or $50 for the second tract
After hearing argument the court de-
cided that the sale should be set aside.
The McGrsuera Dover Case.
The court rendered decision that Mrs
Mary McGrenera, who appealed from the
decision Of the Orphans Court that she
was not entitled to q dover In the
he Delaware House property, this city.
should not be compelled to furnish
security for costs before proceeding with
her case. Levi O. Bird and Thomas
Davis represented the appellant, and Viii
lard Salisbury, Jr., the appellee.
The mandamus Case.
Colonel Benjamin Nields asked the
court to fix time for hearing argument
on the mandamus case. and suggested
Nov. as the time Mr.. Bradford said
it WAS matter Of perfect indifference TO
him whether the judges should sit as a
court or not, just so long as the judges
heard the argument. Mr.. Nields sal J
that he would prefer to have the judges
sit as a court.
The attorneys complained that II
would interfere with various judg
ments The court read the law which
showed that it would have no effect
upon them.
Cantwen Has Absconded.
Levi G. Bird notified the court that
DR.. George s. Cantwell, for whom the
court Issued an attachment, had alb
seconded. he said that he had found
creditor of Cantwells and asked the
court to grant an order permitting him
to attach the money. The court refused
to do SO, stating that it had no such
authority.
a Flower That Bloomed In the Spring
The next case was that Of Joseph s.
Petit vs.. Abram W. and lie Roy Stevens,
trading as A w. Stevens & Son,
Albany, N. Y. Bird for plaintiff, Lore
aud Emmons for defendants This Is a case
carried over from the May term. Mr. BRO
then claimed that he should receive
Judgment for appearance The
defeEcs claimed that a man, A Scott,
who was summoned to appear, was not
an agent Of Stevens & Son, and eonse-
quently there was not sufficient service
on the defendants The court decided
that the entry on the docket was an ap-
oearanee and to get judgment Mr.. Bird
would have TO let the case take it's regular
course.
The chief justice left for Dover on the
II Is express train, aud shortly before
IL o'clock Associate Judges Houston and
Cullen retired to their parlor to consider
the licenses and other matters.
They will go TO Georgetown, at which
place court opens on Monday During
the morning Judge Wales of the United
States Circuit Court Judge Ball Of the
Municipal Court and Secretary of State
D. 7. Marvel were seen in the court
room