The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-01

In the equity case of Angus Cameron
against Angus G.. Gray and Thomas
W. Kay, an opinion was handed down
yesterday by President Judge ii. NJ.
Edwards. The opinion follows:
The plaintiff, who sues for himself
and for other children and heirs of
Angus Cameron. deceased, seeks,
through the proceedings in this case,
To set aside and have declared null and
void a certain deed from the said An
gus Cameron deceased, t1 the dcfenc-
ant Angus c. Gray, on the ground nt
the n-dclivcry of said deed. The sole
question i'm the case is the delivery or
non-delivery of the deed. | find the fol-
loving facts:
First-Angus Cameron, deceased, died
September %, 1892 in the city of Car
bondale. LaCkawanna county. The
names of the children and heirs Of the
deceased are correctly stated in the
second paragraph of plaintiffs bill.
Sccond--Thc estate Of the deceased,
al the time of his death, consisted of
personal property To the amount of 81
000 a lot of land in Carbondale valued
at $500. The property i'm dispute al
legged To h. conveyed to the defendant
Gray, is located in the city of SCran-
ton and Is of the value of $4,000.
Third-Tho deceased at the time of his
death was % years of age, and had
been confined in his bed about three
weeks before the deed In question in
this case was executed. lie was living
at the home of his daughter, Mrs. Anna
SCulry.
PREPARED y DEED.
Fourth-On September ., lN9? in the
forenoon, William Il. Baker an alder
man of the city of tarbondalc. was
called i'm tu soc Mr. cameron at the
latter's request. The alderman was in
struCtcd by him to prepare decd to
Angus G. Gray. The old deed, from
which the new deed was to be written
was kept in Il small satchcl in closet
near the bed. The daughter Mrs.
ScurrN, brought the satchcl out of the
closet, placed ii on the bed, and Mr..
Cameron took ont the old deed himself.
handing it to the alderman Mr. Baker
returned in the afternoon with the decd
prepared for execution. II was signed
and acknowledged The two deeds were
placed by Mr. Cameron i'm the satChel
and the SatChcl placed i'm the closet by
the daughter. The alderman then went
downstairs, ana after some conversation
with tho daughters, Mrs. SCurly and
Mrs. Gray, returned to Mr.. camcrOn'S =
room and informed him that in order
TO make a good conveyance there
should be a delivery of the deed. He
received no answer Another incident
connected with the satchcl and papers
is to be found i'm the testimony of DR..
Niles. It was a few days before Mr..
tamcrons death. Both daughters were
in the room. Mr.. Cameron, in an cN-
cited manner. requested ono of them TO
see if the satChcl was in the closet. II
was brought to him. lie handled the
papers, replaced them, told them to
put the satchcl back in the closet. and
said that he did not want those papers
moddlcd with" After considering the
evidence in the ease. | lind as "A con-
Clusion Ur fact, that the deceased AT no
time gave any instructions or dircC-
tions to his daughter. Mrs. SCurry. or
To anyone else, concerning the delivery
Of the decd in question to the grantee
or to anybody else for him. The deed
was signed. Acknowledged. placed i'm the
satChcl, and was within the control OF
the deceased To the day of his death.
The deed had no revenue stamps upon
il during Mr. Cameron's lifetime.
DEED GIVEN BY DEFENDANT.
Fifth--The decreased died at 3 a. m..
September %, 1899, and between this
hour and noon of the same day the
deeds, old and new, Wcr" taken from
the satchcl by Mrs. Gray, the mother
of grantee and handed to the defend
ant. Gray. The deed was then stamped
and on October j. 1899, placed upon
record
SiXth-AnGus G. Gray. the defendant
on the same day the deed was recorded
executed mortgage in favor Of Thorn.
aS W. Kay, the other defendant, pledg-
ing the land described in the deed as
security for a loan of 81 goo. The loan
MAS made in good faith by Mi. Kay
lie placed the matter i'm the hands OF
his attorney, who reported favorably
as to the state of the record, and the
loan was made.
Scventh-Thcre is testimony in the
case tending To show how the deceased
acquired tide to the land in dispute
The father of the grantee, several years
ago held the land by contract The
vendor in the contract was demanding
his money. The deceased then paid
about SL,GO, and took the deed. The
evidence as to the financial relations
between the deceased and the father ut
Angus Gray, the grantee, Is unsatisfaC.
tory. Whether the deceased paid 81, ,7O(
~ $3.50, or other additional sums on