New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-08-07
An OLD CASE REVITED.
A SUIT CONG BACK IEToND THE CIVIL
WAR NOW ~ Court.



An action In which John In Fargo the arti~,. Of
40. - East Ten:h-st.. Manha'tnr. Is involved as
plaintiff with others who are vel. known In Ncw-
York ial circle. cane ~ before Justice W. l..
Smith IN tho SuuTs me Court III Hrpc Ign. yester-
dlN. on injunction procedures. Arnold II. Wag-
ner. a lawyer obtained from Justice smith tenn
porary Injunction. with an order to show cause
why u should not b. continued pending the iriaI
Of he suit OF Mr. La Fargo and others against
Helen Mckenzie aud her husband. William Nc
kcnze 20 determine Mrs McKenzies interest In
forty acres Of land In Glen cove. Long Island.
The Injunction IS 10 prevent the removal OF clay
from IN" property The clay IS used In pottery
ard IS valuable
Tho story leading up 20 the prescn. proceeding
reaches back to the time Of the Civil War Al
that tine Or Thomas CARVE owned large
amour. Of propcrry at Glen Cove. and some OF IT
was mortgagcd 10 John la Fargo. the father OF
John La Fargo the artist who was wealthy
man After Dr Garvics death the la Fargo
mortgage was forcclcsec Helen CARVE. the widow
OF the doctor brough, an action for her dover IN
tcrest IN the property and a piece Of land about
forty acres In extent. on which was the CARVE
homesteod was Sc, off 10 her for her dover On
her death her daughter Helen Mckenzie. came
into possession and has l.ved there with her hus-
band since.
John La Fargo ST.. died and his heirs succeeded
to his interest in the property. They began an
action against Mrs Mckenzie and her husband TO
recover posse sion OF the land which she occupied
The case was tried before Justice John w. Brown
OF the Supreme Court, now dead. who WI. the
father OF the present Justice Charles F. Brown
II was tried withou, jury. on consent OF both
parties and decided In favor OF the plaintiffs so
far az the title 20 the property was concerned
Justice Brown held however. that Helen Mckenzie
had a lien on the property for her maintenance
under the will of her father. DR.. Garvie. In Octo-
Der. 1865. Justice Brown referred the matter to
..chard Incrahan TO determine certain questions
regarding the amount OF Mrs. McKenzie's interest
Mr. Ingraham declined to serve. and March l.
1872 John j. Armstrong was substituted IN ms
place. The reference dragged along before MT
armstrong unil he ded o Then nd I sn Sd
Benjamin ". Downing attorney for the ue-
Nothing further was done until the present year;
homesioa d. with her husband and her daughter
Mary Ellen Mckenzie. She is growing old now.
however. and the heirs OF John La Farse ~lsh 10
have the action settled before her death Accord
inglv in March last. the affidavit or John La
Fargo. application was made 10 the supreme toHIt
for the appointmeL OF IN attorney TO appear ior
IN March q the Court appointed Arnold ii. Nhg-
ner and he Immediately served notice on MIS-.
Mckenzie to appoint an attorney 10 represent ner
ner will prosecute his injunction proceedings ana
when they are terminated he VIII Apply Tor tne
appointment OF a new Iefsree TO w our me aue'
The principal affidavit on the Application u
made by Charles i. Appleby. a retired LAWYER.
who has a handsome estate adjoining the prop.
Nr' ApnIeby has ACQUIRED the interest Of the La
Fargo heirs IN the property, and that the proceed
ing Is prosecuted AT this time because he desires 10
sdd the hole iSsse feet and IS feet deep has
Veen dug and the clay removed