Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-04-04
ROGERS SALE RESTRAINED.
An Order Granted by the Chancellor lie
straining Him From Selling tile Duke of
York Deed and Other Old Documents.

An Order Granted by the Chancellor Re-
straining Him From Selling tile Duke OF
York Deed and Other Old Documents.
Chancellor Wolcott, yesterday, on the
application of Attorney-General Mich
olson, issued restraining order prevent
ing j.. Henry Rogers from disposing
through his agents, Thomas Bircll's
Sons aud Stanislaus Y. Henkel, auction
ecrs, at 1107 Chestnut street, Philadel-
phia, of deeds of feoffment, muster and
enlistment rolls and other valuable docu-
ments.
The bill in equity submitted by At
torney. General Nicholson, upon which
the restraining order was issued, after
citing the deciding of the grant by tue
Duke of York to William Penn, says:
That at the date Of said deed of
feoffment, the said Duke of York and
the said William Penn were subjects Of
the King of England, and that the ter
ritory conveyed was then and continued
to be a COLONY of Great Britain until
by the war of the Revolution and by
conquest, the said territory became q
sovereign and independent State, fist by
the name of the Delaware State and
subsequently by the name of the State
two deeds of feoffment, us muniments
of title, became the property of and
belongs to your orator, the State ot
Delaware.
Taat the first of said deeds, generally
known as the deed of the Twelye-Mile-
Circle around New Castle, is now in
the possession of J. Henry Rogers OF
| the town of New Castle, in the State of
Delaware, the defendant in this cause,
vino falsely claims to be the owner
| thereof.
After citing the manner in which the
| papers came into possession of Rogers
the bill continues:
That the said defendant, falsely
claiming to be the owner, has made ar
rangements with Thomas Birch's Sons
auctioneers, in the city of Philadelphia,
or with one Stanislaus V. Henkel, in
their employ, shortly to sell at public
auction or at private sale the said decd
of feotfment and the said muster and
enlistment rolls, and the said other pub
lie papers and documents belonging tc
your orator, the State of Delaware.
And that the said defendant will
through his agents, the said auctioneers
shortly sell the said deed, rolls anc
papers unless he shall be restrained
from so doing by the writ of injunction
of this honorable court.
In conclusion the bill prays as fol
lows:
First-That a perpetual injunction
may be decreed against the said j
Henry Rogers, the defendant, restraining
and enjoining him and his agents, auc
tioneers, or attorneys, from selling o
disposing Of, either ut public or privat
sale, the said deed of :feoffment from
the Duke Of York TO William Penn
commonly known as the decd conveying
the Twelve Mile Circle around New
Castle, and the said muster or cnlistmeu
rolls of Revolutionary soldiers, enlistct
within the limits of the Delaware State
now the State of Delaware, and an!
public records. documents or paper
belonging to the State of Delaware.
And also that preliminary injunc
ton may issue to restrain the defendant
his agent, auctioneers, or attorneys il
like manner, until the further order o
the Chancellor.
Sucond-That the said defendant ma,
be decreed to produce and deliver IN til
office OF the Secretary of State of tn
DldlC Vi 'GldNdIC Luc5uiu uGCuOl lSOlL
ment, the said muster or enlistment roll
and all public records, documents o
papers in his custody, or control, whicl
may belong to the State OF Delaware.
Third-And that your orator ma.
} have such further or other relief as tn
nature of the case may require.
Registrar of Chancery Of Kent county
W. l.. Riggs, came from Dover las
night bearing with him > restrainin
order issued by Chancellor Wolcot
for Sheriff Gills of this county. again;
j. Henry Rogers of New Castle, com
mandiug him not to sell the Twelve
Mile-C Circle and other deeds, the propert
of the State which he hus placed fo
sale with Philadelphia auctioneers.
Sheriff GilIis served the order on NJ
Rogers AT his home III New Castle la.
: night. 1t is understood that Mr.. Roger
is of the opinion that as the deed is nc
in his hands, but is in the possession {
parties outside the State that the re
sIraining order is imperative.