Los Angeles herald., 1891-09-15
THE COURTS.
Several New Decisions from
the Supreme Tribunal.
Opening Of Fall Term of the
EUnited States Courts.
The Itata Criminal Case Postponed
Without Day.
Judge Ross Accompanies Large
Amount of Business-An Alleged
Forged Signature-New Cases
and Court Notes.

EOfSSu StNuALuES-LNSW OhBSB
and Court Notes.
Deputy Supreme Court Clerk NJ. j.
Ashmore received two more decisions
Yesterday from San Francisco on cases
appealed from the Los Angeles district.
In the case of o. 7. Dyer (respondent)
VS.. George Leach (appellant), an action
in eiectment to recover a certain tract of
land, the judgment and order denying a
new trial are affirmed. George Leach,
being the owner OF the land in question,
executed deed of trust of the same to
E. Conway, trustee. The object of the
trust was to secure promissory note for
$335S, made by Leach to the Riverside
Banking company, as well as certain
other moneys. 1t was provided in the
deed that if the money should not be
paid when due the trustee should sell
the land, after notice, and in the manner
provided therein, and execute a trust
deed to the purchaser. 1t also provides
that there shall be trustee as successor
OF said Conway, in case of the death,
resignation or removal of the latter, but
it does not provide for the manner in
which such successor shall be appointed.
Afterwards Conway died, and the money
secured by the trust being due and un-
paid, the banking company made writ
ten application to the superior court for
the appointment OF trustee, and the
court appointed az such trustee H. G.
Hibbard. Hibbard proceeded under the
trust and sold and conveyed the land to
one Rosenthal, who conveyed to plaintiff
Dyer. The defendants other than Leach
are persons who claim parts of the land
under him. The supreme court sustains
the order affirming the sale.
In the case Of Foss ct al. (appellant)
vs.. Henkell (respondent), the judgment
and order denying new trial are re-
versed, and the cause is remanded to
the court below to making the finding
directed by the supreme court on the
previous appeal of the same case, JUS
tice Mcfarland, however. writes q dis
senting opinion sustaining the judg
ment and order. Upon the former ap-
peal of this case the cause was remanded
with directions to the court below, "to
find on the testimony already intro
duced and such further testimony as
may be introduced by either party,
whether or not the land in the suit was,
on the Sd day of April, 1871, within the
exterior boundaries OF the Rancho San
Jose" In pursuance Of this direction
the court upon such evidence as was Of
fered upon the issue at the subsequent
trial found "that the land in the suit
was, on the Sd day of April, 1871, with
in the exterior boundaries OF the
Rancho San Jose, as granted by the
Mexican government" The upper
court reviews the testimony taken at
the second trial and comes to the con-
clusion that the lower tribunal should
have adjudged the land to be outside of
the rancho at the above-named date.
The opinion is signed by Chief Justice
Beatty and Justices Paterson, Garoutte
and Harrison, the last named being its
author.
UNITED STATES COURTS.
The fall term of the United States cir
cult and district courts commenced
yesterday, with Judge Ross on the
bench, and large amount of business
in the way of setting and continuing
cases was accomplished. Yesterday be-
ing the return day of the Itata case in
the district court, the usual proclama-
tion was made and the setting of the
case was passed.
The case of the United States vs.
Trumbull, Burt and O'Farrell, which
would have come up in the district
court on Wednesday, was continued un-
til hereafter called. The understanding
was that the case was to be continued
for only ten days.
The following cases were set for trial
in the same court: Sam B. Moll, send
ing lottery matter through the mails,
October Goth; VIM. Baxter and Albert
Baxter, cutting timber on government
land, October Goth; p. p. Cox, selling
liquor to Indians, October 21st; Regi-
naldo Tapia, cutting timber, October
22d; Michael O'Shea, cutting timber,
October 23d; Max Harris, sending lot
terry matter through the mails. October
9th; Max Roth, same, October 28th (;
Vicente Seminua, selling liquor to
Indians, October 29th.
The following cases were continued
for the term, the defendants not being
represented: Henry Garland, cutting
timber; Ernest Wolf, smuggling cattle !;
Spencer, Franklin ct al, cutting timber,
and Pedro China, introducing liquor to
an Indian coultry. The libel suit of
Crook VS.. The Steamer Katie O'Neil was
set for October 30th.
In the circuit court the following
applicants we've admitted to practice
Chas. w. Houghton, Sam Minor, M. f.
Woodward, John ID. Pope, w. S. Knott
and Louis F. Graf. Twenty cases on
the law and motion calendar and ninety
three cases on the trial calendar were
variously disposed of by Judge Ross in
a very short time. The district court
has adjourned till Monday, but the
circuit court will be in session today.
AN ALLEGED FORGERY.
The case of Clemente Cruz de Coronel
vs.. J. w. Wolfskill ct al, an action to
obtain judgment on promissory. note
for $4,000 made in 1882, is still on trial
in department three of the superior
count, and will probably occupy Judge
Wade's attention till Wednesday. The
names of ]. w. Wolfskill and Lewis
Wolfskill appear ON the note. The
former is a nephew of Lewis
Wolfskill, and on the latter's
death recently, the holder of
the note brought suit to recover the
whole amount from J. w. Wolfskill.