The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-11-06
WANT A SHARE
OF 100000
SUIT OF THE DEAN HEIRS
AGAINST w1NToN ESTATE.
Judge H. NJ. Edwards Begins the
Trial Of an Important Phase of the
Long-Drawn-out Litigation Over
the Griffin Coal Tract-Demurre
Overruled in the Case of Davis
Against the First Welsh Baptist
Church-Non-suit Stands in Page
Case-other Court Matters.

Judge Edwards yesterday entered
upon the trial of another phase Of the
long -drawn-ou litigation over the
Griffin coal tract in the Second ward.
This time the suit Is between A. d.
Dean, trustee for the heirs of Polly
Dean, wife of Isaac Dean, and for
Isaac Dean, plaintiff, and the execu-
tors of w. w. Winton and Catherine
Winton, deceased, defendants.
The action Is to secure an account
ing for 100000 In coal royalties which
the tifty-acre tract has earned during
the past twenty-eight years. The land
was purchased from the Griffin estate
in 1871 by w. w. Winton. The plain
tiff alleges it was bought by Winton
for himself (Winton) and Thomas
Livy, Joseph Church and Isaac Dean.
each to have q One-fourth interest.
The defense alleges that in October,
1871, Winton made a lease with the
Delaware, Lackawanna and Western
company for all the coal and this has
been construed by the supreme court,
in another phase Of the litigation, to
be sale Of all the coal.
The plaintiff proves that trust was
declared by w. w. Winton and wife,
May !, 1872. to the effect that the
property was held by them for them
selves and Livy, Church and Dean.
This trust, however, bears date
which is ten months subsequent to the
date Of the purchase from Griffin and
six months subsequent to the date on
which the coal was sold to the Della
ware, Lackawanna and Western COM
pany. Thus, the defense maintains,
the trust, in the absence Of anything
showing the contrary, affects only
what property Winton possessed at
the time it was declared, or simply the
surface lands.
There is also a dispute as to what
part of the surface the Dean people
are entitled to. In 1877, it appears,
Joseph Church was sold out at sheriff $
sale and his one-fourth interest in the
tract-whatever that might be--was
bought in by w. w. Winton. The
Church heirs tried to recover this re-
Gently on the contention that Winton.
having been trustee for Church, could
only make the purchase as trustee and
that the Wintons only held the
Church interest as trustees for the
Churches. The supreme court, how
Winton bought the interest free from
all equities.
The Deans allege that they have a
half share in this same Church in
terest. They claim that four days
after the sheriffs sale and before the
deed was made, Isaac Dean and w.
w. Winton reached an agreement
whereby each was to share alike in the
profits of the Church one-fourth. This
agreement. it is alleged, was based on
the fact that Church was heavily in
debted to both Dean and Winton and
the Second National bank, of which
Dean and Winton We're the chief own
ers, and that Dean refrained from
bidding with the understanding that
Winton was to buy the property for
the mutual benefit of both of them
and the bank. This is denied by the
defense.
The case will take at least a week
in trying, and. if the prayer of the
plaintiff for an accounting is allowed.
it may require several weeks to get
the affair Strengthened out. Court
will continue in session today to ex-
pedite the trial.
S. E. Price and II. Nj. Hannah rep
resent the plaintiff and !. II. Burns
and NJ. j. Martin, the defense.
Other equity cases We're disposed OF
as follows Patrick Lyons against
Thomas Lyons. settled; Delaware.
L.ackawanra and Western Railroad
company against Thomas King, con
tinued; Ellen McAndrew against Geo
NJ. Okell, continued for settlement:
Providence and Abingdon Turnpike
company against the city of Scranton
continued. The case of Il. L. Fuller
and others against w. S. Huncy was
marked for trial. but the chances ore
it will not be reached.