The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-11-10
WALLS WILL SOON GO DOWN.
A FINAL DECREE IN THE OLD
SOUTH BROAD STREET GEM
ETERY CASE.

L.
10 Recover Property Claimed by
Heirs of GeOrgiana DeBrOss-A
Judgment Against ". 4. susOng
Followed by Il Motion TO Reopen.
The business Of the courts is beginning
to pick up in a measure, as the winter sea
son approaches The city court is now
in regular session for the November
term. and though the superior court does
not convene regularly until December,
business is continually coming Up which
requires Judge FaIligant's attention. so
that If he has a day or two out of the
week TO spare from the circuit business.
there is always plenty to keep him busy
in Savannah.
The decree in the old South Broad
street cemetery case was brought before
him and signed yesterday. This, as has
been stated in the Morning News, is a
litigation OF some ten years standing,
and the decree finally terminates it. The
case sounds John Williamson and others
against the mayor and aldermen of the
city of Savannah, and the wardens and
vestrymen of Christ church against the
mayor and aldermen Of Savannah.
The decree signed by Judge Falligant
yesterday was the same practically as
that which has been under discussion for
some time, between Alderman William
Garrard and Mr.. 5. B. Adams, for the
city, and Mr. Walter G. Charlton for
Christ church. 1t was signed as agreed
to between these attorneys, and as rati-
ned by the city council, the wardens and
vestrymen of Christ church, and by
Christ church parish at meetings held last
week Judge Falligant was really dis
qualified to preside in the case, but he
did so and signed the decree by consent
and agreement among all parties con-
cerned.
The decree declares the property mem
toned to be owned absolutely for the pur-
poses designated by the mayor and alder
men of the city of Savannah. The title is
fixed, and confirmed by 1t absolutely and
in full eXtinguishment of all the claim on
the property by Christ church the cry
is to pay that institution $1,000 for which
six prOmissory notes are to be given, nNe
for 81 900 each, due Jan. ], 1877, ", -, l50
and 1901, and one for $500 que wv on
which per cent interest is to be paid.
As soon as the city delivers these prom
issory notes IL shall have the right TO go
ahead and tear down the old walls ana
begin the work of transforming 1t into
the Colonial park. The decree, as has been
given In the Morning News, then goes on
to prescribe how the property shaI be
improved, that no streets shaH be run
throug it. but only walks, that the tomDs
and the graves shall be preserved, that
the property shall be preserved as the old
colonial burying round of Georgia, and
that nothing shall be built upon II other
than is ordinarily found in a cemetery.
No one shall make any profit from 1t, and
If the decree is violated in any manner,
that portion at Abercorn and South BrOad
IN BY $50 feet shall revert to Christ church
and become the property OF that institu-
ton in fee simple. 1t is the intent and pur-
pose of the decree to fix permanently the
status of the property, and in case OF any
violation, any citizen can apply for inJunc-
ton against the city or any other parties
liable.
This is the final step in the litigation
and there now remains nothing TO be
done before commencing work on the
the legislature fixing the terms of the
courts decree. It is safe to say that the
walls of the old cemetery VIII Degin 10
so down by Dec. l or very shortly there
after.
Herman A. Lapham. Sarah Fontane,
formerly Lapham, and Adelaide Lapham,
through their attorney, MIR. George w.
owens, filed suit in the superior court
yesterday against F. 1. Lapham to re-
feet on East Broad street, which they
claimed belonged TO their mother, Geor-
gianna A. DeBross, who died Sept !, les5
This property they claimed was decided
to her July l. 1892. in consideration Of
80 1850, by their father, f. L.. Lapham. She
manage, and the heirs claim that he
let it go to sale for taxes, bought 1t in
and had a deed made TO himself by
Robert ]. Wade, the city marshal. This
F. L. Lapham continued to return the
property as that OF Georgianna A De-
Bross, and the heirs were led to believe,
they say, that the property was still
"A After her death, they state. he took pos;
session fse rents at na accr pf3ge' from anu it.
and let it go to sale again for taxes in
October, 1895, when he again bought It in
- hot he fE IN a a "A
that a temporary receiver be appointed
to take charge of the property, and that
a temporary restraining order be granted
TO prevent him from making any dispo-
sition of it. They also ask that he be
made to produce the deeds made by him
to Georgianna A. DeBross, and that from
r. j. Wade to him, and that he be re-
Quired to make an accounting for the
rents that have accrued from the prop
erty since it has been in his hands. Judge
Falligant will hear the petition
Hattie Smith filed a suit against her
husband, Jacob Smith, both for perma-
nent and temporary alimony Judge Fal-
ligant will hear the case as to temporary
". L. Bond was granted a commission
as a commercial notary public.
In the city court a judgment was rem
dered in favor of z. Corinne Cartin against
William A. Susong, for $l,0i5; no defense
being made. The judgment was on a
claim for damages alleged to have been
sustained by her IN the matter or the
purchase of certain furniture from the
Chatham Furniture Company, to which
the defendant succeeded. She claimed
she owed them balance of Is cents;
they claimed it was $1.25. which she
finally agreed to pay if final receipt was
given. She says they then refused to
accept this, claiming a much larger
amount. on her refusal to pay it, She
says her furniture was levied on, and
though finally retu8 ed to her by Justice
Elsinger, she was subjected to much in
convenience and suffering. II appears
that it was through some misunderstand-
ing that no defense was made at the time
and as soon as the judgment was
taken motion was made at
once by Messrs. Garrard, Meldrim 4
Newman, for the defense to reopen the
judgment This will probably be done
and the case carried before a jury The
plaintiff is represented by Messrs. a. l..
Alexander and W. e. Morrison.
Rheumatism Runs Riot
When there is Tactic acid in the blood
Linir1ents and lotions will be of no Dernna-