Evening journal., 1895-11-09
STROUD WINS HIS POINT
Judge Grubb Orders Certain
Funds to Be Preserved.
TRoUBLBoVBR wOODRow's REALTY

Judge Grubb Granted Several Oraers of
Sale, Appointed a Guardian and Trustee
and Authorized a Guardian to Expsnd
Part Of the Principal Of Her Wards
Estate.
Judge Grubb sitting In Orphans
Court this morning, handed down an
order in the Stroud case Joshua Stroud,
father of Edward T. Stroud died in
testate in 1862 He left six children and
widow as heirs. The real estate dc
scended subject to the widows dover. to
be divided In six equal shares. In 1880
| Edward I Stroud purchased the one sixth
share Of his brother. Lemuel In 1886
he mortgaged all his interest In portion
OF the real estate. at Second and Ocsnge
streets. for 1000. the mortgage not
covering the property on Poplar street.
In 1890 = judgment Of 81 500 was
recovered against Stroud by his mother
for the use of Martha j STROUD His
mother died In February, 1893 and the
Equitable Guarantee and Trust Company
was appointed administrator. The In
tsstate real estate Of Joshua I. Stroud
wss sold by partition proceedings in the
Orphans Court, which sale made this
mortgage lien on the real estate. There
is a statute that provides that, bg virtue
Of certain proceedings In the Orphans
Court, parties holding liens against
share or shares, Of Rny heir
In intestaie real estate, by virtue of
having 1t sold in partition proceedings,
may have their liens presented against
the recognizance which q purchaser at
the purchase money This property
having been sold as set forth above, the
Equitable came 10 under the statute
and asked TO have the amount
OF their mortgage ascsrtained
and that amount preserved as lien
against Edward T. Strouds share
under the recognizance Under the Ia v
the court was not only bound 90 ascertain
aud preserve that lien. but also all other
liens against Edward Strouds share.
The court, after hearing all the parties
and witnesses interested, and argument
by the several lawyers engaged made an
order that the sum OF 81 1888 SO should be
preserved as a lien sgainst the sum Of
$7773 80, that being Edward T. Stroud's
entire shai Of the proceeds arising from
the Gale. of the portion OF the real estate
that he had mortgaged; and
further ascsrtsined and determined
that the amount due on the
judgment OF Martha j. Stroud was
the sum Of So. $40 and ordered that this
latter sum should be preserved as q irst
lien against the sum OF &270 CO. that
being the residue OF Edward f. Stroud's
entire share of the proceeds Of the sale,
and portion Of his share of said prcceeds
arising from the sale OF that portion Of
the intestate real estate not affected by
the lien Of the mortgage.
This is victory for Edward T
Stroud who was represented In the
proceedings by Walter H. Hayes. Ex-
Mayor Austin Harrington represented the
Equitable, and William "a Byrne the
heirs. at-law.
John @. Corbt Columbus Watkins.
Joseph Enos, Charles S. Elliott and Dan
lei w Corbit commissioners appointed
to make partition Of the real estate of
Richard Brooks, deceased, made return
OF no partition, and John d. Rodney was
made trustee to sell the property.
]. Frank Biggs was allowed to draw
money out Of court arising from tho sale
OF the real estate Of James n. Clelsnd.
deceased
James NJ. Lloyd, administrator Of
David W. Lloyd. deceased. and T. Bsyard
Hsisel. administrator of John r. Whey.
were granted orders to sell land to pay
debts
Bridget Silva was appointed guardian
of Frederick Silvs and Mary K Hand.
guardian OF Richard e Hand. was
granted an order to expend part Of the
principal Of the estate.
George @. Davis. administrator OF
Sarah E. Russell, deceased. was ordered
to,sell her real estate for the payment
debts
Howell s England presented petition
for partition in the matter Of the estate
of Howard E. Woodrow, deceased, alleg
ing that the said defendant left certain
heirs whe were entitled TO an interest Ia
the real estate. Willard salisbury, Jr.,
representing John Edwards, claimed that
he was entitled to more of the estate than
is set forth in the petition The matter
WAS rsserVed for further consideration