New-York tribune., 1895-12-11
FOR THE BOOTH EXECUTORS.
DECISION IN A SUIT FOR THE FORECLO-
SURE OF A MORTGAGE

JUDGE PATTERSON HOLDS THAT THE CAMPBELL
ESTATE MADE VALID SALE TO GEORGE T.
ARMOUR. AND THAT THERE WAS NO
FRAUD IN THE TRANSACTION
Decision was rendered yesterday by Judge Patter-
son, in the Supreme Court. Special Term. in the
case of Elias c. Benedict. William Bisphafn and
John H. Magonigle. executors of Edwin Booth.
against Joseph Campbell and others. executors
Of William Campbell. in favor Of the plaintiffs. and
directing judgment Of foreclosure and sale for
sS,s60 AL with costs and extra allowance to the
plaintiffs. The action brought for the fore
closure OF mortgage for se,ooo made By George T.
Arnoux to Edwin Booth Arnoux being the pur-
chaser from the executors of William Campbell OF
the property question and the mortgage being
given part of the consideration such con-
veyance.
The Campbell estate defended the action upon the
ground that the executors had power to convey
and that there fraud in the transaction. The
decision OF Judge Patterson is conclusive upon ali
questions and decides every question at issue in
favor of the plaintiffs. The decision in full is as
follows
taned in the viii Of William Campbell, by the con-
cesson Of all parties on this record permitted the
premises for any legitimate purpose beneficial 10
the estate IL the transaction with George T.
and effectual such, ana was or was intended for
the benefit of the estate. title free from impeach
mortgage TO Mr.. Booth The effort made by the
defendants to prove fraud in the transaction com
pietely fails. There debts OF Mr.. Campbell to a
large amount incurred by him on account of his son
and sor-in-law which debts were being enforced by
process OF against the premises in question, and
IL with hope and the expec tatiOn that by selling
the property In suit money would De raised TO re-
leve the estate from the Indebtedness by using IL
TO help the son and son-in-law referred to in
pleting certain houses in the upper part OF New
York City. from the sale of which, when finished.
enough would be realized TO discharge the whole in
debtedness of the estate of William Campbell Tor
the obligations he had in his lifetime incurred as
above mentioned. In all this there was no fraud
or wrong ngdoing the part of Arnoux any one
acting for Edwin Booth.
George Arnoux took the title grantee and
raised part of the purchase money by giving the
mortgage to Edwin Booth (who had deposited
certain funds in the hands of Arnoux, Pitch *
" Woodford, for investmenD. The executors of Mr..
Campbell's will thoroughly cognizant OF what
was contemplated and of what being DONE and
they not ignorant nor unaGvised There was
fraud of the attorney, and nothing done by which
Mr. Booth bound in any way, so that his Sc
rurity would be invalida ted. There may have been
mistaken judgment and unwise action. but there
fraud; the sale complete one the
grantors intended 10 execute the power of sale; lis
exercise thought to be beneficial TO the estate.
and the mortgage is enforcibe security.
Judgment of foreclosure and sale as prayed for is
directed.
c. n Bovee. jr, appeared as counsel for the
plaintiffs and Niles Johnson counsel for the
defendants