The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-06-25

The Property in Dispute.
"I'll never sign it, not If stay here
until l rot, said Jamss Cannon to
TRIBUNE reporter at the county jail as
he brought his clinched right fist down
on the open palm of his lsft hand with
a resounding noise that disturbed the
siesta Of the prisoner in the next cell.
mo one can make me sign away the
property There is not a judge or
jury in the world that can do It and
III prove it to them" Thsn Mr. Gan,
non becoming excited, proceeded to
voluhly discuss his case and the condi-
ton Of nffairs that lodged him behind
prison bars,
He was committed to the county Jail
on June 16 by Judge Edwards for con
tempt of court in refusing to obey tho
order Of the court and make deed to
his sister, Mrs Mary Reil. for valu-
able property located in Swetland
street on the West Side. 1t is the
second time that Cannon has been in
Jail for contempt in refusing to sign
the deed On March IA, 1892. he Yves
committed before, and remained incar-
cerated until April II, when his at
torney, ex.Judge w. II. Stanton, sue.
ceeded in securing his release. The
case was afterwards taken to the sup
rene court, which body decided that
Cannon must sign the deed. He reso.
lutely refused to do so.
NEARLY A QUARTER OF A CENTURY.
The case WHICH has resulted in the
incarceration OF Mr. Cannon, who is a
man fully GO years Of age, is in many
respects q most peculiar one and WAS
begun in 1870, almost q quarter of a
century ago.
Mrs. Margaret Cannon, mother of
Mr.. Cannon. and Mrs. Mary Reil, along
in the sos made contract with Will
lam Swetland and wife for the prop
erty In dispute agreeing TO pay $3.50 for
it. James Cannon obtained deed for
the same property. but it WAS alleged
on the trial of the case that Mrs. Gan
mons contract nntedated tho deed held
by her son. When Mrs Cannon died
her interest in the property through
the contract, became vested in her
daughter. who had become the wife of
Thomas Reil
She was in possession of the property
and in 1870 James Cannon brought an
action in ejectment in the old mayors
court of this city to obtain possession
of the land. The case was referred to
Attorney Isaac Post by the court but
no further steps were taken in the case
until June, 1881. when it was certified
to the court Of common pleas of this
county which had been created few
years before. On Jan. 1S, 1887, the
action was tried before Judge Hand
It was shown that the original con-
tract between William Swetland had
been destroyed by fire and its contents
were proved by parole evidence.
VERDICT FOR MRS. REIL.
The jury rendered the following YER.
dict in the case
The jury find in favor of the plaintiff for
the land described in the writ in this case,
| the verdict to be set aside and entered fol
| the defendant upon condition that the de-
| fendant pay the sum of S2S7 on or before
the first day Of April, 1887, with interest
| from this day, with costs of suit into the
| hands Of the prothonotory Of the court OF
common pleas Of this county for the uss OF
the contract made by William Swetlan tc
Margaret Williams Mt the time the lega
title was conveyed by said SHETLAND tc
the plaintiff in this case said sum oil
money to be drawn out after the sale
plaintiff shall have given the said prothon-
otory good and sufficient deed in fee sim
Pile to Mary Reil her heirs and assigns the
| defendant in the case, said deed to be
drawn out by said Mary Reil after pay
ment Of said money as aforesaid.
1t will be noticed th a: the verdic,
contains the words IN ary Williams
The court decided that it was au error
in writing the verdict and that it was
meant for Mary Cannon, and the YER
dict won't into effect as if it had been
so written. On March 20. 1887. Mrs
Reil paid the required amount OF
money into court. but Cannon refused
to sign the deed for the land. He held
that the verdict was not mandatory
and that he could not be compelled to
sign the deed if he did not choose to dc
| 80.
He was frequently appealed to dur
ing the next three years to comply
with the provisions Of the verdict, but
resolutely refused to sign. On Feb. 90,
1892, a rule was granted on him to
show cause why an attachment should
not issue for contempt of court on his
part.
CANNON GOES TO JAIL.
On March IA the rule was made alb
solute and Cannon committed to Jail
after again refusing to sign the deed.
His counsel. ex-Judge W. II. Stanton,
applied to Judge Gunster for Ganfon's
release on the ground that a verdict
such as that obtained by Mrs. Riel
could not be enforced on the law side
Of the courts, that the equity court
fffust be resorted to If the signing Of the
deed was 10 be enforced. Judge Guns
ter agreed that the position was Cor
rect, and on April II, 1892, Cannon
was released from the county jill.
In accordance with the decision of
the court, Mrs. Riel on Jan 26, 1893
filed a bill in equity praying the on
foreement of tho conditional verdict,
rendered in the equitable action of
ejectment for the specific performances
OF contract by compelling James Gan
nou to flo the deed.
Attorney George S. Horn was ap-
! pointed master and examiner, and he
recommended to court decree that
| Gopnon ohnn11 n~,o,ta tha daaJ