The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1897-02-02

The following were called as grand
jurors
Griffith W. Lewis, Burlington.
Thomas M. Pancoast, Chester.
Philip F. Brakely, Bordentown.
Israel Kerlin, Mansfield.
August O. Stecher, Riverside.
Joel Wainwright, New Hanover.
William Mathis, Willingboro.
Thomas Assay Springfield.
William Gardiner, Mount Laurel.
Joseph B. Lamson, New Gretna.
Benjamin Il. Deacon, Westampton.
Franklin P. Endicott, Evesham.
Hamilton Hill, burlington.
Charles NJ. Higgins, Beverly.
Jesse Wells, Northampton.
Henry Wright, Shsmolg.
Richard G. Dudley. Mount Laurel.
j. Howard Burr, Pemberton.
Joel Horner, Palmyra
e. b. Marter Jr, Burlington.
Samuel s. Trick, Southampton.
Joseph O. Haines, Lumberton.
John Kae, Florence.
Howard W. Russ, Beverly.
An order of distribution in the Oliver
case was granted on motion of Jerome B.
Grigg.
Clarence T. Atkinson requested an or
der requiring Squire Thomas w. Mares to
send up papers in a case recently tried be-
fore him and in which it is desired to
take an appeal. The justice had acted in
a rather arbitrary manner, and Mr.. At
kinson asked the aid of the court. The
order was granted.
On motion of G. E. Hendrickson an
order was granted to sell real estate in the
attachment suit of Schwalber vs.. Ziegler.
On motion of Charles K Chambers,
commissioners were appointed to divide
property of John Middleton, deceased.
The commissioners are Samuel K Cham
bers, Winfield s. Gale and Charles H.
Deacon.
The first case tried was that of Amos
K. Ashby VS.. George A. Atkinson. D. J.
Pancoast appeared for Ashby Mark R.
Sooy and Howard Flanders for Atkinson.
This suit was for $500, which plaintiff
claimed to have lost as the result of de-
fendants failure to properly search the
records in a real estate DEAL Ashby
bought of Mrs. Carrie Vandegrft prop
erty in Burlington, the agreement being
that there should be clear title. Allin-
son was engaged to search the records
which showed that there had been
blanket mortgage on the whole property,
but portion of it had been cancelled.
Atkinson reported on this showing that
the piece purchased by Ashby was clear.
1t transpired later that there was still a
mortgage on the place and it was fore
closed, Ashby being compelled to pur-
chase to save himself.
Mr.. Ashby then attempted to make
Charles 7. Parker, ex-county clerk, reim-
burse him, claiming that he had improp-
erly endorsed the mortgage discharged. I"
1t was decided by the courts that Mr..
Parker had acted legally and correctly,
so Ashby then brought suit against Allin-
son.
For the defense it was denied that Mr..
Atkinson had made the searches for Ash
by that he was acting for the building
association and had given Mr.. Ashby the
benefit of his services in that respect
The Bishop mortgage had been marked
discharged of record in 1888 in the County
Clerks Office, and certificate was fled
from the original mortgages showing that
the mortgage had been paid and satisfied
This mortgage, however, had been trans
ferred to third party without the know
ledge of the trustees of the original mort
paid by county clerk Parker it was actual
y still in existence as a valid mortgage
against the property, and was subsequent
ly foreclosed. Mr.. Atkinson should not
be held responsible as he had made his
return on the record as he found it.
The jury rendered verdict of $924S
IN favor of plaintiff.
A verdict of 5000 and costs was rem
dered for the county under instructions
by the Court in the suit of Burlington
County VS.. Charles H. Skirm. This was
suit for breach of contract in the build
ing of the stone road from Riverside to
Bridgeboro.
On Friday the court heard the case of
Patrick Quinn vs.. James Lippincott and
Samuel A. Dobbins, to recover the amount
of note for ST., 900. The note was given
in 1891 and read 1--WE or either of us
promise to pay" Interest was paid until
about year ago. The only defendant in
the case was Samuel A. Dobblns, whose
contention was that all the payments OF
interest we're made without the know
ledge of Mr.. Dobbins, who was ignorant
of the existence of the note. The statute
of Limitation was also pleaded. Walter
E. Dobbins appeared for the defendant,
and admitted that the rulings of the Su-
preme Court were against him, but he
felt there were many decisions that would
be favorable to him in the Court of Errors,
to which tribunal no such cases had ever
been carried. His desire was to take such
action now. The court rendered a de-
cision in favor of the plaintiff and the
case will be appealed.
The following prisoners we're brought
into court, and entered pleas:
Henry D, Miller, alias Ritter, securing
goods under false pretences from F. A.
Measey, of Moorestown, and 1. W. Buck
of Burlington. Samuel A. Atkinson rep
resented the prisoner and entered a plea
of non vltH contendere.
Peter Tom, alias Sontamazzo, was called
to answer to an Indictment charging him
with stealing goods from the club house
of F. H. Middleton at Hainesport. Peter
was too much of a foreigner to under.
stand the Prosecutors charge, SO the case
was laid over until the arrival of the
prisoners counsel.
Lewis Jackson pleaded guilty to lar
ceny of SIS from .. G. Farlee, at BurliDg
ton.
William Shafer and William Test plead
ed not guilty to the charge of stealing {
robe from Samuel Applegate, of Spring
field.
George Fl. Hileman, a colored man
was required to plead to five indictments
They were for breaking and entering tn,
church building of the Catholic church
at Palmyra, and stealing goods valued a
S.; breaking and entering residence of R
Bowden Shepherd, at Cinnaminson, ant
stealing $22 worth of goods; breaking ant
entering residence of Summerville Sulli