Evening journal., 1895-09-26
THE MORTGAGE MOTHS.
They Are Fitting Around the
Superior Court Judges.
THE BOYD TRUST FUND TROUBLE

The Cash Mandamus Hearing Is Now On.
George O Robinson AMI Albert N
Robinson, trustees for Mrs Martha
Boyd, and James Morrow had their horns
locked 10 the Superior Court all Of yester
day afternoon. Horace g. Knowles and
Robert g Harman we're the legal hackers
of the Roblnsons, while Harry Emmons'
every thought was Of the Morrow, not
withstsnding the Biblical iDiunc-
tion to the contrary.
II was ight over q mortgage Messts
Knowles ard Harmsn contended that
Mrs Boyd left an estate worth 50 900
and that Dor will named the Robinsons
as executors The money was loaned TO
James Morrow, u being stated in the
mortgage that IL WAS trust money
The trustees, In 1878. satisfied the 50 600
mortgage with the explicit understand
ing that Morrow should pay of two
mortgages held against the Robiosons
by the Workmsn's Loan Association, ore
being for 81, 600 and the other for 1926
This was to enable them 10
give Mrs Boyd $1,000 6rst
mortgage on their property. A g. 600
mortgage was then to be given by Morrow
to the Roblnsons, as trustees, on prop
erty belonging to him, thereby securing
the whole OF the trust funds belonging
TO Mrs Boyd They contendsd that the
Robinsons did their part. but that Nor
row failed to live up to the bargain.
The statement was made that on March
4. 1878, Secretary George @ Msris, OF the
loan association above referred to, gave a
receipt for the money to Morrow, and,
two years later, entered satisfaction on
the mortgage aud surrendered. II to the
Roblnsons Six years later he assigned
the same mortgage 10 Morrow There
we're three mortgages on the property
when 1t WAS sold. There was no dispute
over the payment Of the first, bat q
contention arose concerning the loan
association mortgage. 1t Is claimed by
Morrow under the Maris assignment Of
1854, and by Mrs. Boyd on the strength
Of the satisfaction Of 1880 The VIII
mington and Brsndywine Bank now has
custody Of the 1925 which, with inter
est, makes 1,075. 40.
Witnesses we're called by Mr.. Emmons
in contradiction Of the claim set up by
the other side Secretary MAris testified
that Mr. Morrow never authorized him
to satisfy the mortgage. His action was
balance had been made.
The defendant, when placed upon the
stand, said that he paid the 1925 aud
security. Mr.. Knowles sub seted him to
close and searching cross-examinRtien,
but failed to shake bim In his declare-
ton.
The story told By Trustee George O.
Robinson was substantially the same as
that related by his lawyers in opening
the case
When court az 5journsd the hearing was
still on.
Before the Boyd case was resumed this
morning Francis Il Hoffecker moved
that the case Of Elihu Jefferson VS.
David Lemon & Co., on appeal, be dis
missed for want Of prosecution, It having
hung since 1878. The motion was
granted.
Mrs Martha Boyd was then sworn to
testify In the Robinson Morrow case
Mr.. Knowles sought TO use her conver-
lations aud transactions with her
trustees as a connecting link between
them aud Mr. Morrow. Mo. Emmons
objected and the testi mony was not
admitted by the court. Mrs Boyd left
the stand
George Almond land w. N. Boyd
testified that about two years ago In the
rfiice Of George Maris they heard . Mr..
Maris say that II the satisfaction was
written upon the back Of that particular
mortgage thst he must have received
authority to do It.
Mr.. Msris, recalled, admitted that he
might have said within the last three or
four days to Mr. Almond that he did
not have any recollection IS to whether
letter was presented to him or not. To
the best Of his recollection he would say
that he had no letter from Mr.. Morrow
at the time.
Mr. EmmOns also recalled Nc Morrow
he said that he made no agreement TO
pay of the other mortgages There was
not word Of truth In It. He never
wrote letter to Maris or Robinson au
thorlzlng the satisfaction OF the mort.
gage. He denied nearly all implic cations
made by Mr. Knowles in the course Of
cross examination.
Chief Justice Lore was called by Mr.
Emmons and testified to q conversation
he hsd had with one Of the trustees
relative to the disposition OF the trust
funds. He said that be knew nothing
about the loan association mcrtgsge.
Mr. Knowles asked for a Jury Of
inquisition and asked for sn issue TO be
sent TO the jury. II was granted, but
further action deferred until the
November term Messrs. Knowles and
Harmsn really got all that they
expected at this term.
The court then announced itself in
readiness to hear the msndamus case Of
Joseph Cash VS. the Reliance Fire Com.
psDy for reinstatement to membership.
William S Hilles and Josiah Marvel
represented Cash, aud United States
District Attorney Lewis Q. VandegIift
and ex Attorney General John Blggs for
the company.
Mr.. Vandegrift said that he had a mo
tion TO make which. IL granted. would
render the case much shorter. II was a
motion to dismiss the application for a
writ. This remark caused the judges
and LAWYERS TO smile.
Mr.. Vandegrift read the petition OF
Cash His ground for asking for dis.
missal was that there appealed nowher.
In the petition anything TO show that the
petitioner would suffer pecuniary loss
Hls contention was that In order
for the Superior Court to have
] furfodfctfon In tha rnca IL rnuat ha eal