Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-03-15
CLOSE or COURT.


Several Very Interesting Decisions--Tho
city of Wilmington Wins in Two Inn
portant Cases--How the Docket Has
Been Cleared of the Dead Wood That
ClogEed It for Years.
Argument in the will ejectment case of
Mrs. Mary ]. Patton VS.. James c. Dillon
was heard before the judges of the superior
court on Thursday. William S. Hllles,
who represented the plaintiff, came'into
court with sufficient law books to pave
the approaches to Washington bridge. He
had carefully marked all the statutes con-
tanned therein and was fully prepared to
cite them to the court. L. u. Bradford is
arrayed against Mr.. Hilles and the argu-
ment on the case is of more than ordinary
interest.
Hugh Patton died on October 10Th, 1855,
bequeathng to his wife a life interest in
all his lands and tenements, and naming
Joseph l.. Carpenter, Jr., us trustee, with
full power TO convey certain property. il
transpire3 that Mr.. Carpenter did convey
piece of ground to John @. Dillon, beliey-
ing this action to be to the best interests of
the widow.
The transfer of the property did not
altogether please Mrs Patton, however,
and she was not long in informing Mr..
Carpenter OF her displeasure. She made
the discovery after the conveyance had
been made she contends, and at once con-
suited counsel.
MIR. Carpenter, in the meantime, sought
the advice of Mr.. Bradford, and the result
of his interview with the latter was new
conveyance, by which he received money
consideration from Mr.. Dillon OF $3.50.
OF this sum $500 was utilized in paying OH
mortgage and the remaining 81 $50 in
vested to the best advantage.
Mr.. Hilles contended that Mr.. Carpenter
was not possessed of sufficient power to
transfer the property under the provisions
of the will while Mrs. Patton lived.
Mr.. Bradford OH the other hand stated
that in disposing of the real estate Mr.
Carpenter had no. oyerridden the power
vested him under the will and that the
action was taken for the best interests of
the persons involved. The case was under
way when court took a recess.
There were q number of important de-
cisions handed down in the superior court
on Saturday, and the session was one of
more than ordinary interest. In order
that the great bulk of court business might
be speedily disposed Of, to allow the judges
to get away, court assembled at O'Clock
instead of the usual hour.
An important feature of the proceedings
was the handing down by the court OF o
decision in the celebrated suit of William
II. Lee VS.. the Mayor and Council Of Will
mington. Lee sued to recover salary after
he was forcibly elected from office BY the
Repuplican members OF the Board of
Health. His position was that of registrar
Of births, deaths and marriages and secre-
tary of the Board of Health.
The decision was adverse to the interests
of Lee aud the case has finally reached an
| end, IL had been pending for over two
years. The decision will have an impor-
tant bearing upon two other suits which
have been Instituted against the city of
| Wilmington. Peter l.. Cooper. Jr.. repre-
sented the plaintiff in the above suit while
| City Solicitor Elliott and ex-City Solicitor
Charles NJ. Curtis appeared for the defence.
| The court declined to give Judgment in
the case of the National Bank of Boston
| VS.. John q. Baker, in which an affidavit OF
defence had been filed. Harry Emmons ap.
peared for the plaintiff and x-Mayor Har.
rington for the defence.
The court discharged the rule to open
| the judgment in the case of John r. Mari
assignee of William Ruth VS.. the Lumber
| mans Insurance Company, stating that
after careful consideration Of the matter
no reason appeared for so doing. Hof
fecker IL Hotieeker represented Mari and
George IL. Bates was counsel for the de-
PENDANT.
The case OF A. ]. Bates e. Co. VS.. George
A. Hopes went over until the May term
of court.
The court quashed the writs of capia!
secured by Lyman, Harris, Clafliin q Co.
against David Abramson, Chief Justice
Lore dissenting. The application wa.
made by Branch H. Giles, while Henry G
Conrad was counsel for Abramson.
The referees in the case of Joseph Petit
VS.. Stevens h Son of Auburn, n. Y, gaY,
to the plaintiff an award of Ss69.To. TIL,
full amount of the claim was 81, 100. Thu
defendant claimed $500 balance due on
threshing machine The decision was ad
verse to the defendant. Levi Z. Bird anS
Andrew Il. Sanborn appeared for tn,
plaintiff and Harry Emmons for the de
PENDANTS.
In the case of Perkins Administrator
VS.. Ida Carr Wilson, action oil mechanic:
lien, the exceptions were over-ruled.
The court decided against Maria c. Hart
mann IN her suit against the Mayor Rnt
Council of Wilmington and the certioraP
was dismissed. Ii. II. Ward was counse
for Mrs. Hartmann, while Messrs. Elliot
and Curtis appeared for the city.
A remarkable feature in connection will
court proceedings is the fact that the oil
court calendar has been almost entirel,
disposed Of Cases which have been on Thu
docket for years and which have hung fir,
at each succeeding term have at las
reached the end of their judicial journe,
and must necessarily fall out OF existence
The new calendar IF cases has also beer
almost entirely cleared, and the few case
remaining are either in COURSE of settle
ment or have been continued on goot
grounds untilthe May term, when they to-
will come to an end.
The February term is now ended an,
court adjourned at IL o'clock without day
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