Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-05-31
sUPERIoR coURr
Decision Announced In the Famous Pat
ton Ejeetnent Case--other Matters be-
fore the County Tribunal.

NAAANsaAEAs a. sA-E liAsANA NIA4N - ans
the HOPES & Townsend Co. Il IS as
follows: Samuel II. Baynard, john y.
Doughien, Abram Palmer, Thomas D.
Lyman, Marshall Jordan, Joseph T.
Chandler, Curtis VI. Tsllsy, Amos g
FoTHood Richard Bonssii, Lewis Miller
Joseph II Caleb Robert Aotherail, J4s5a
Davis, Edward MeAliisieE. W.laG.
Cooch, James !. Mi.ligan, john f.
Chears, Simeon Lord, Rictard Clayton,
Ge5rge ". d. Hart, a. S WhittoeS, X
L. TfusI, Robert N, Higgins, Ei8-k
Collins. The plaintiff is represented ty
William C. SgsGancc. while Lev. C.
Bird appears for the defendant.
IL superior court Thursday morning
several cases were reported settled aaa
az the rate the civil suits are beiC. is.
posed Of it is probable that the May
term will be Of short duration. Tie
lawyers have gotten iaeir heads together
and nave decided that il Is better " US.
pose OF their cases by am.cable sa!;le.
menI wherever practicable, insis- Of
depending upon the uncertainty Of ;5.li
by jury and the expenses inciaea; 10
the proceedings.
The genera. Trial list was gone over by
the court aud bar Thursday. Martin
b. Bur5is filed exceptions 70 the record
Of the justice Of the peace IN the Csc 5t
Mortimer Records 1. i. o., VS.. Walter
Allen. p. ,. =. Mr.. Burris con.ealei
that the record OF tie justice Z. tie
peace failed 70 Snow jurisdiction. The
court reversed Tie judgment or tae
grounds mentioned.
In the case Of ClaEs's administrator
vs.. Mary Gibson, James ". POndlr in
formed The court tina; special pleas we're
only tiled Wednesday in the cas- and
asked .or continuance until the No
yember term. 1t was granted.
William :. HiHes reported a settle
meni Of the case Of john Duke " the
Diamond state Iron Co. Bradford &
NauiegFift represent tic defendant.
Tie case Of Jonn j. Seeney, d. 5. A.,
vs.. the Delaware Live Stock Insurance
Co., p. b. r, has been referred 10 c3un-
sci and will no; be tried.
William ). Hllies reported tina: the
plaintiff mad obtained judgment for
costs in the suit Of SarIh Z. shannon
eI al, q. b. a., rs. William Z. HaWa !as,
?. b. 7. Harry Enm1us represents the
defendant
In the case of John Frishell g, J.
Morton Poole Co., the rule was con.
iinued by agreement u counsel until
the November Term.
The case o. the state Of Delaware, use
Of Frost vs.. George Maxwell, who was
sued with Walter Cummins, has l.en
relocated 70 the foot oil the list.
The suit Of tie LiEdley c. Ken. Co.,
limited, -. Fergus Kelly, 81 al, has geen
discontinued.
The case Of William II. Sucker VS..
the Diamond State Iron Co. has lsen
settled. Levi G. Bird represents the
plaintiff and William c. Spruance the
defence.
In court Saturday morning William 5.
PTickett asked for continuance Of the
hearing Of the application for Ii nse
Of Manuel Richenberger until aext
Saturday, on the ground that john
Saunders, a material witness, was ab.
sent. Sheriff Gould, who served S4un-
dcrs with q subpoena, stated thar the
witness told him lie was going TO .aave
the city and would not obey the sum.
mons. II was stated on SATURDAY. that
the witness was i'll, but Mr.. Pickett
denied this. The Chief Justice said
that this action on the part Of a witness
was an obstruction OF justice. The case
wen; over unit! next saturday.
Judge Cullen stated that the licenses
would not be given out unit after the
RicheEberger case was disposed of.
Court announced its decision in the
ejectment case Of John Doe On demise
Of Mary ]. Patton VS.. Richard Roe,
casual ejector, and James e. Dillon,
tenant In possession. Chief Justice Lore
delivered the opinion. In tits action
Mary j. Patton, the plaintiff, seeks TO
recover the property in dispute, situate
in Wilmington, basing her rig Ut and title
upon the will Of her late husband, Hugh
Patton, deceased, and upon deeds Of
conveyance to her from the children
aud residuary deyises Of the said de-
scendant.
Hugh Patton died leaving to survive
him his widow, Mary Jane Patton, the
plaintiff, and four children, viz: Ella
NJ. Boughman, Ret;a NJ. Dillon, Eliza
beth G. Patton and Sadie 4. Patton,
who were his only heirs-at.law and
residuary devises.
The widow proved the will and took
out letters testamentary thereon. Joseph
L. Carpenter, Jr., consented to act as
trustee.
BY deed dated December gath, Joseph
L. Carpenter, as trustee. conveyed the
premises III fee simple TO James c. Dillon
in exchange for other property and
$500. Mr.. Dillon made improvements
on the property. Doubt subsequently,
arose as TO Mr.. Carpenters ri ,ht to con-
vey the property to Mr.. Dillon.
BY deed OF July 9th, 1892, Ella ".
Roughmau and husband, Retia NJ.
Dillon and husband, Elizabeth q. Patton
and sadie K. Patton conveyed all their
rights and interest in the disputed
premises to their mother, the said Mary
Jane Patton, the plaintiff, Mary jane
Patton claims tile fee simple title in the
disputed property. On the other hand
the said James Q. Dillon, tile defend
ant, claims the like title under the deed
OF Mr.. Carpenter as trustee.
In action OF ejactments, the court held
that the plaintiff must recover upon the
strength OF her own title ami not upon
defects in the title of others. Her title
depends upon the estate that she took
under the will Of her deceased husband.
The authorities had evidently been
examined with care and the law pre-
scented and argued with great force by
counsel in the case. No parallel case
has been produced, and we arc left to
interpret thewill under the general rules.
In conclusion the court said 1--WE
have the unequivocal language of the
testator indicating what seems to us 10
be an active trust in SAID Joseph l..
Ia IL Nv. fg.r, g,F 81 ~,