Perth Amboy evening news., 1905-08-15

REMOVED IN
FISHER CASE.
Sheriff or Trustees Can NOM
Sell Plant Which Was Once
Disposed Of
NOTLESS THAN $4,000
Action of Judge Lanning Yesier-
day Practically Ends the Long
DraWn-0ut Case.
Special to the Evening News.

DpSSidI W ING evening NEWS
NEW BRUNSWICK, Aug. 1 5: Judge
Lanning in the United States district
court, yesterday, set aside the injunc-
tion restraining Sheriff William Car
man from selling the brickyard plant
of w. F. Fisher & Company, at Say
reville, which has been operative for
two years, and the sheriff can now
sell the property upon two weeks
notice being given. The three trust
ees of the company in bankruptcy
proceedings also have power to make
the sale, the price in either instance
not to be less than $50, and It
will be interesting to see which of
the two parties disposes of the plant
first. The action of yesterday prac-
tically settles this famous case.
Much Litigation.
Two years ago Lawyer Robert Ad-
rain, as counsel for the trustees, Sc
cured a stay preventing the sale by
the sheriff of the property on the
foreclosure of mortgage for $15,-
600 held by the Empire Trust Com
pany, of New York until the chancery
court decided as to the liens upon the
property, and as to whether the mort
gage covered all of the property.
Sheriff Carman has adjourned the
sale of the plant many times since
this Injunction was served
Yesterday Lawyer J. X. Rice on
behalf of Sayre & Fisher, new bid
ders for the plant, made application
aRd had the injunction set aside and
notice to that effect has been served
upon the sheriff who will proceed to
make the sale. Lawyer Rice has
been made solicitor of the Empire
State Trust Company in place Of the
former solicitor of record and the
Empire State mortgage has been dIHz
signed to him.
Will Upset 1t.
Lawyer Peschall of Jersey City de-
clares he will upset the entire pro-
ceedings in. the United States courts
and knock out the Jurisdiction of
that court in the case. He Slso says
he will have the bankruptcy proceed
ings set aside. He made an argu-
ment as to what he would do before
Judge Lanning and at its conclusion
Lawyer Adrain told him he was in
dreamland.
Argument was also heard as to.
the settling of the new decree re-
garding the setting aside of the deed
conveying the property to Freehold
er Joseph Allgair to whom it was
sold for $4,000 by the trustees. 4
new bid for 100000 having been
made by Sayre & Fisher. Lawyers
]. K. Rice and Warren r. Schenck
for the new bidders and Lawyer G..
S. Silzer for Mr.. Allgair and Lawyer
Robert Adrain for the trustees argu-
ed the matter.
Turned Over the Deeds.
1t was decided to turn Mover tho
deeds conveying the property. to All :
gair and the deed recovering it$p the
trustees by Allgair to George T. Hra-
mer, the United States district cod tkt
clerk to be held in escrow until tn h
United States circuit court of appeam
decides the appeal taken by Lawyers
Silzer upon the decision of Judge
Cross setting aside the sale to All
gair. If the order of Judge Cross is
sustained the deeds will be givea to
the trustees and If not to Mr.. All
gair.
The order made by Judge Lanniag
also provides that Mr.. Allgair SHAH
have the right to burn the brick made
by him in the ovens at the plant and
he is to have all the brick he has
made during the time he had control
of the plant, but he is to pay for
the clay taken from the land for the
making of these bricks.
Will Bid 100000.
Styre C Fisher are to bid $780,
600 at the sale for the plant and are
to pay Mr.. Allgair the amount ex-
pended by him for permanent inn
provements less the amount to be de-
termlned as to the value of the clay
taken by him for the making of the
brick. The trustees will hold pos
session of the plant until sale Is
made either by the sheriff or the
trustees.
Lawyer Peschall threatens to file
a bill of equity either in the United
States or state courts and have re-
ceiver appointed for the property
The federal courts will. not aid hin
and if he gets an order in the state
courts an injunction will be secured
in the United States courts against
him so that it is not likely his motion
will amount to much.