The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-08-03
EXCEPTIONS TO DECREE
Argued Before Judge Edwards in
Chambers in the Dean Wintop
Equity Case.

Exceptions were filed yesterday by
Attorneys !. II. Burns and Joseph
O'Brien to the decree of the court in
| the case of A. d. Dean, trustee,
against Il. NJ. Winton, ct al. Judge
II. NJ. Edwards, sitting in chambers,
heard arguments on the exceptions.
Messrs. Burns, O'Brien and Martin
made arguments in favor of the ex-
ceptions and A. d. Dean and $. b.
Price, representing the Deans in the
case argued against them.
This is a preliminary step toward
taking the case up to the Supreme
court. The exceptions that were filed
are as follows:
Frst-Thc court erred in holding that the one
fourth interest OF Joseph thnch was impressed
with trust in favor Of Dean after the sale by
the sheriff to Winton, Sept, S, lN''.
Second-ln holding that the agreement between
Dean and Winton Of sept. ,, 1877, created a
trust binding on the Church interest.
Third--ln holding that b. VI. Wnton should
file an account as administrator Of W. W. Win
ton, Of the management OF the trust estate dur
ing the lifo.tim Of said Winton, except as to
property actually coming into the possession Of
the said administrator
Fouth-In holding that the claims OF the said
plaintiff were not state and were not barred by
laChps in the representation thereof
Finh-In holding that the plaintiffs claims are
not subject to the statute OF limitations
SiXth--In not holding that agreement OF Sept.
-, 1877, between W. W. Winton and Isaac Dean
is res adudicata the Interpretation Of such
paper having been fixed by this court, and the
supreme court in the case of Church vs. Winton,
1876, page lO7.
Seycnth-To the answer OF the court to the
plaintiffs thirteenth request for finding ri fact
whether the paper therein mentioned is a doclara'
ton Of trust. is question OF law and not OF
fact.
Eighth-To the answer Of the court TO plain.
tifs first request for conclusions OF law only
trustees and those standing in judiciary relations
can be required to file an account. Strangers
having trust money or property in their posSc'-
sion may be liable for the value thereof, but tLcir
position is not judiciary, but adverse to tie
cesui qui trust, and such strangers cannot he
compelled TO furnish evidence against themselves
by filing an account
Ninth--The answer of the court 10 the plain.
tifs third request for conclusion Of law is not
applicable. for the reason that there is no proof
that al the time of filing this bill, or at any
other time did Isaac Dean or W. W, Winton on
dorse any notes for Joseph Church,
Tcnth--The court erred in its answer TO plain.
tins fourth request for conclusion of law. There
is no proof that Isaac Dean ever endorsed note
for Joseph Church without which proof there is
nothing on which to found a claim that Isaac
Dean was in any way interested in the deClaa-
tion Of trust by Winton 10 Dean, Nov. |, ISL.
Eleyrnth-'rhe court erred in answering Church's
interest on the eighth of September, 1877, and
thereby took title TO such interests freed from
all equities. The agreement with Dean was made
Sept. -, 1877. and does not in any respect con.
sttute a trust in the land, nor Is IL an aclnowl.
odgement that Winton purchased in the interest
Of any trust or individual.
NEUTRALITY-SUSPICIOUS. eNccpts 10 the courts an.
swer 10 the first request Tor conclusion of law
There is nothing 10 show that Dean had any
beneficial interest in the declaration of trust by
Winton to Church. Nov I. 1871. II any such
existed IL was eXtinguished by the sherh's sale
OF Sept, 8, 1871
Thirteenth-The court erred in no' confirming
the defendants fourth request for uclusion Of
law.
fourteenth-The defendant excepts 70 the re.
usal OF the court TO affirm the defendants seventh