Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-12-02
SHERlFF'S SALE SET ASIDE.


Norris Wilson'S executors was tried in
Superior Court Friday morning, W.
S. Iiiles represented MIR. Lively OF
Philadelphia, and Lewis 9. Vandegrift
represented the executors, William Ii.
Horn and William b. Wilson. both of
Philadelphia. 1t is suit to recover
on promissory note given by MIR.
Wilson for the accommodation OF
William y. CornoR. Mr. Lively kept
the note In his safe for about two years
and when be presented it to Mr.. Will
sons executors they were not willing
to pay it until a jury should pass upon
il. The amount claimed, including
interest. is s502. 20. The case of
Michael Breger vs.. Patrick Fahey has
been referred to John Pyle. Thomas
Reardon and Thomas j. Lawson, as
referees. Peter L. Cooper, Jr., repre-
| sents tho plaintiff and q. w. Smith
the defendant
At the afternoon session the jury
returned verdict of s502. 20 Tor the
plaintiff. The case of Harry Emmous
va the Home Insurance Co. was put
on trial. The suit is for 5000 insurance
on a house at Head street and
| Garesche lane, which was insured May
96th, 1895, and was burned May 23d,
1896. a clause in the policy read that
| IL the house be vacant 10 days no in
surance should no paid. The company
claimed that the house had been
vacant. Ex-senator Higgins rapre-
sented Mr.. Emmons, and Levi G. Bird
| the company. Mr.. Higgins desired to
show that Mr.. Emmons mad no knowl-
| edge that the house was vacant, and
| George r. Townsend, agent Of the
property, was called to prove that, but
| Mr.. Bird objected to the admission of
such testimony.
Argumant was heard Oh Saturday on
mutton to guash the sheriff'H return
in the cases of Annie r. johnson and
John II. King va. the Wilmington &
New Castle Railway Go. Decision wac
reserved.
| II was announced that the parties to
the Hotfecker non support case desired
20 settle outside of court, anu the csse
was dismissed. Tho Murphy and Crum-
lish non support cases were continued.
aud the case against Joseph T. Roy
nolds was dismissed, in the absence of
the wife, Annie Reynolds.
Albert W. Finch was charged with
failing TO support his wife, Mary
A. Finch. Deputy Attorney General
Cooper represented the State and Lii
burne Chandler the husband. The wife
declared that her husband left her,
after beating her, whereas he denied
beating her, although he was fined s25
in City Court on that charge, and be
said she left the home he mad provided
for her. Several witnesses testified that
he WAS a guod husband. The court
ordered him to pay sl2 month for
the support of his wife and child, and
| tr, bord in tha uttnn nf S60O
Kate Tierney charged her husband,
Richard Tieruey, with non-support
They were married 10 1895 and sbe has
one child. She testified that ho had
never lived with her, and had never
furnished her homo or a place ia
board. The husband declared that sha
was unworthy OF support. He ssiti he
understood that tine case was not to
come up ut this time and was not
ready. The case was continued until
next Saturday.
In the divorce case OF Jennie
Thatcher VS.. John @. Thatcher, Austin
Harrington was appointed commissioner
to take testimony.
ii In Superior Court an interesting dis
closure was made in the testimony OF a
rule 10 set aside sherilf's sale. The
case was that OF Mary L. Voshell VS..
Thomas Caventler. Peter l.. Cooper,
Jr., representing tho latter, ana Harry
Emmons appearing for the plaintiff.
MIR. Cooper presented a number ut
reasons for setting aside the sale, the
court taking cognizance of one which
, declared that the inquisition upon the
property was irregular. John +. Camp
! bell and Lewis II. Dickey, the in
quisitors, weTo called to tho stand.
According to their testimony neither
of them waa sworn, they had nj
knowledge of the value of this property
and took no sworn testimony on thu
subject. The deputy sheriff had showr
! Mr.. Campbell the Judgments agains
the property, but Mr. Dickey hat
signed the inquisition without seelnt
even the judgments or consulting will
Mr.. Campbell. after hearing tho testi
! mony the court made an absolute rulI
! setting aside the sheriff's sale.
Representative u. A. Hazell ant
Denney Huzel of Smyrna were among
the witnesses Mr.. Cooper had sum
= noned in the case. The costs were pu
upon tine plaintiff
The case of Thackera Manufacturing
CO. rs. Traynor IL Co. was discon
; t:nued, having been settled.
The trial of the case of Harry EN-
mons vs. the Home Insurance Go. wa
:, continued on Monday until the mex
! term. The trial had begun last Frida.
u and was to have gone op but th
death of Mrs. Bird, wife of Levi T.
Rird, attorney fer the company. eauseI
: the continuance. Chief Justice Lor
|, announced that the court had heart
! with sincere regret of the death of Mrs
Bird. a sister Of Mr.. Bayard.
juror was Withdrawn from the bo
!. aud the remaining jurors were dis
y charged from the csse. On motion q
+ Anthony Higgins, counsel for tine plain
titf, the case wac continued until nex
term.
On account of death in the family o
witness the case of John Levy vs.
!, Paul Gillis was continued until tn
Z next term.
In the case OF Voshell vs. Cavander
. Peter L. Cooper, Jr., secured a rul
returnable next Saturday to show caus
why sheritfs sale should not be Sc
&. aside.
y William s. Hiles reported settlemen
in the case of Owen w. the Mayor an
= Council.
Philip Q. Churchman, for the de
n fendant below in the case of Williar
!. u. Ellis, d. b. a., We. Charles Wickes
u .. b. r., moved for Judgment for wan
o OF appearance which was granted.
The case of NJ. g. Chandler VS.
a Richard d. Duncan's executor will b
n referred TO referees, as will also th
n case of Lida W. Todd VS.. ID. W
Q Cush.
In oapoYaI suuuionu cnnrt Edwar