Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1898-07-23
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Court Proceedings.


On Tuesday, July 18th, there was
a special term of the Circuit Court
of Berkeley County which was called
for the transaction of some business
unfinished from the last regular
term, and for some important new |
business which demanded action be
fore the next regular term. Judge |
Faulkner presided during portion
of the dav and handed down his de-
cision in the very important case of |
johnson G. Camden VS.. William s.
Dewing and others, of which an ac-
count is given at length in another
column of this paper. He also en-
tered DEGREES in other cases, all OF
which will appear in the following
proceedings. Hon. Forrest W.
Brown, of Charles Town, was elected
special judge to hear the case of the
Improvement, Loan & Building As
ISOLATION, which because OF his in
terest, Judge Faulkner was incapac-
itated from hearing. The following
ia the complete business transacted
at the special term:
Corporation of Martinsburg vs.
Nora Griffin, proceeding to take land
for public use; order entered direct.
ing applicant to pay amount of
award to the Clerk, and take possess
sion of the real estate; also further
directing the Clerk to pay said
amount to Nora Griffin or her attor-
neys.
j. A. Downs vs.. Smith NJ. Van
metre and others; decree showing
payment of lien set up by plaintiffs
bill, establishing defendants liabil-
ity for costs, and directing retire
ment of the suit.
l.. G. Gerling, administrator of
Zephanish Silvers, etc., vs.. Annie
Silvers and others; decree confirm
ing report of commissioners of sale,
and directing the distribution of the
purchase money in said commission
ers' hands to be made by commits.
sioner in chancery, to whom cause
was referred for that purpose.
Jonah Seaman vs.. A. A. Chris
man and others; decree showing the
failure of plaintiff, nonresident, to
give security for costs, and dismiss
ing the suit because of such failure.
Improvement, Loan & Building
Association, etc :, VS.. Auburn Wagon
Company and others. Report of
Special Receiver P. r. Harrison
fled showing the offer made by the
Auburn Wagon Company (the new
company for lease of the plant for
three years upon one of two plans
therein contained. The Courts de-
cree refused to accept either Of the
offers, and directed to Receiver to
make Lease of the works upon the
old plan of 81 500 per year, for one
year, or upon any other terms which
may appear reasonable to the Re-
ceiVer. In this case there was
warm discussion, some of the credi-
tors being in favor of the acceptance
of the terms offered by the Auburn
Wagon Company, and others insist
ing that the same would be injurious
to the plant, and prejudicial to their
interests.
Maggie Payne VS.. Sadie E. john
son and others; petition of one of the
distributes who has arrived at age,
to have her distributive share of
purchase money paid to her, and de-
cree directing the General Receiver
of the Court to make said payment,
after deducting the costs accruing
and payable by petitioner.
e. W. Vanmetre, trustee, VS.. John
B. Wilson; report OF commissioners
OF sale showing default of one of the
purchasers of realty in the cause in
the payment of the amount owing
by him, and decree confirming said
report, and directing rule to issue
against said purchaser to show cause
by the 22nd day of August, 1898,
why the land so purchased by him
should not be resold at his cost and
expense.
G. W. Wisner, etc., vs. Emily
Wisner, ct al; order filing answer on
one of the defendants to the amend
ed bill of complaint filed by plaintiffs.
Catherine Becker, Administrative,
ETC., vs.. Catherine Becker in her own
right, and others; decree confirming
special commissioners report of sale,
confirming sale of real estate of
Catherine Becker and Kate Agnes
Ahern, and directing said special
commissioners to make partial dis
tribution of the purchase money in
their hands.
Johnson N. Camden, VS.. William
S. Dewing and others; decree es-
tablishing equitable title to real es-
tate in Greenbrier, Nicholas and
Randolph counties in plaintiff, and
directing conveyance to said plain
tiff by W. s. Dewing who holds
legal title, upon payment of pur-
chase money and costs, etc., of pur-
chasing, surveying, etc; also referring
cause to commissioner in chancery
to ascertain what lands are to be so
conveyed, and the amount of pur-
chase money, etc., due thereon.
G. B. Hedges, admir-, etc., vs..
Elizabeth Fost and others; decree
confirming special commissioners re-
port OF sale of real estate, and di-
recting the fund in said special CON-
missioners hands to be distributed
among the parties entitled thereto.
Tue Court adjourned in the after
noon; but it IS probable that spec
ial term will again be called for Au-
gust %, when other important BUSH