The morning times., 1896-01-07

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An important opinion was rendered yes
terday by the District Court of Appeals
In the case of Mary c. Pryor against
Edwin A. Mcintyre and Martha Mcintyre,
brought in the court below To set aside a
certain deed alleged to have been exc
cuted by Emma Ia ylor in liquidation
of an alleged claim and which was de-
cided by Justice Hagner in favor of the
defendants.
The opinion OF the court of appeals re-
verses the decision OF the court below
and remands the case for further neces-
sary proceedings.
E. A. Mcintyre was once connected with
the business OF b. II. Warner II Co, but
has for several years been operating fer
himself. The case in the court of appeals
as reviewed in the opinion. shows this
is but one of five actions brought against
him for alleged fraudulent practice. The
Others heard on appeal are Laura and
Joseph f. Hayne, Annie NJ. Ackerman,
Elizabeth Brown and Catharine Southey.
all but one OF the appeals being decided
in favor of the appellants, and i'll that
one, the Southey suit, the deed was shown
TO have been valid to secure bona fide
debt. The sale was made in 1876, under
regular deed of trust, executed in 1S12
by John Southey, then owner of the
property afterwards sold.
TIE PR1 OR CASE.
In the Pryor case, which really covers
the main facts of four OF the transactions,
it was claimed that Mcintyre violated his
duties and obligations as a trustee, in
pursuance of a scheme to defraud, aud
the allegations are that the appellees were
the owners of lots 81 and - in square
569. Mary Pryor and her husband placed
trust on the property to secure the
payment of $500 owed TO Hartwen ,JeG-
nison. The note covering this amount
was unpaid in May, 1891. Mcintyre noti-
fled the Pryors that the property would
have to be sold, but that the husband could
bid il in aud secure further time. This,
Ii is alleged, was done, and the property
remained in possession of the original
owners at a rental of Sc per month, which.
they were Informed, would in time liqui-
date the debt.
Meanwhile. the opinion recites, McIn-
tyre executed a deed upon the property,
conveying 1T to Jennison for the consid-
Grafton OF SSo6, aud afterwards took a
deed of trust from Jennison in favor of
Emma Taylor, to secure repa yment of
S425, an alleged loan. This money Nc
Intyre retained, as he claimed, to pay ex-
penses OF sale and the taxes.
NO SUCH PERSON.
When Jennison's note to Taylor became
due Jenn.son was alleged to be unable to
pay dhu ne is supposeu 10 nave Deeu
advised that the property was not worth
the amount involved, and a deed was exc
cuted conveying the lots TO Emma Taylor,
and by Emma Taylor afterwards TO Nc
Intyre.
The names of these Instruments are al
legged to have been slgned by Mcintyre
himself, and the court OF appeals declares
In effect that Emma Taylor, as such, had
DO existence, but that she was in reality
Emma Taylpr McIufyrp
sister, and the deed is therefore ordered
to be set aside.
REAL ESTATE TAX SALES.
Among other opinions delivered yester-
terday is one affirming the decision OF the
court below declaring as leg al the present
method of selling real estate for taxes, and
also declaring that the charge of 81 20 for
advertising the sale OF property in arrears
is Upheld by law.
The court also rendered an opinion in the
case of William A 81. Cook and Charles C. Cole
against Anna /. Merchant, in the matter OF
an attorneys fee, reversing the opinion of
the court below, which was adverse to Mrs
Merchant.
The court also reversed the court below
in the suit of George II. Dana against the
Rock Creek Railway Company, decided by
Chief Justice Bing ham in avor of the com
pany, and the cause is reinanded for 4 new
trial.
This is a test case upon which four or five
others depend.
In the case of Defer ct al against Justice
Ktmbsil Of the police court. the judgment
of the court below was affirmed. This in
volved the right OF the Postal Telegraph
Company to string wires on Ninth street,
which the court denied.
In the matter of the appeal of the cause
Of j. g. Carlisle against Waters. involving
the audit of a certain account rendered by
Walters as United States district attorney,
the court reversed the decision of the court
below and sustained the government con.
tention.