Waterbury evening Democrat., 1907-10-18
SHORT CALENDAR
Naugaiuck Case Had Long Hear.
 in Court To-Day.

good deal of business was trans-
 acted at short calendar in the su-
 perior court to-day, Judge Howard
 J. Curtis presiding.
 r. Mrs Mary Grant of Naugatuck
 moved that the appeal of Francis
 Dunn, his sisters and brothers, from
 ruling of the superior court enjoin-
 ing her from disposing of a parcel
 of real estate, be stricken from the
 docket. Mrs Grant was conservator over Nora Dalton of Naugatuck and early in June she was granted an order to sell certain portion of real estate owned by Mrs Dalton, to whom she. was related. On June at pri- vate sale the land was sold to a MT Moulthrop for $1,500. MT Moul- throp was Mrs Grants bondsman. Two days later Mrs Dalton died The Dunns, who live in Pennsylvania, on finding most of her real estate had been sold, saw their expectations dWindle to nothing and had an in Junction served upon Mrs Grant re- straining her from giving possession of the land to Moulthrop, and also to have the probate orders in the mat ter vacated. It was contended to- day by Attorney O'Neill, counsel for Mrs Grant, that at the time of the sale of the land the Dunns had no interest in it. They were not Mrs Dalton's heirs until after her death, and therefore had no right of ap- peal. If they considered themselves injured by Mrs Grants sale of the land they could sue her bond.
 Attorney Carmody in response said there was fraud in the sale, and the pecuniary interests of the Dunns in the matter was so obvious they had a common right to appeal and enjoin Mrs Grant from completing the sale of the land which, by the way, was said to be worth $3O,O0O. Decision was reserved.
 Michael Dunn, father of the above named Dunn, has brought suit against Mrs Grant and MT Moulthrop, alleging fraud, and to prosecute the suit he was ordered to file a bond of $50 in one week.
 c. F. Downey's suit for foreclosure against Frank l.. Donahue, the ball player, his brothers and sisters, was given hearing on demurrer The mortgage debt was claimed to be contracted in 1892 by the defend ants father, the late Attorney Thom- as F. Donahue. The defense was that as the plaintiff had taken no ac- tion in the matter within the past fifteen years he had forfeited his title. The plaintiffs counsel, Attor- ney Cole, replied that the late Mich ael Donahue having a life interest in the property, the plaintiff could not have taken any action until after his death, and that when the proper time for such action presented itself it was taken. Decision was reserved.
 Mrs Mary Gray, in her suit against H. J. Lapalme, was ordered to file special bail of $500 within a week.
 Fred H. Gilmour was appointed re- ceiver in the matter of Charles H. French against Jacob Alberts and others. The property involved is sit uated at the corner of Lincoln and Chapman avenues. The receivers duty shall be merely to collect the rent.
 An order to sell land in the case of Mary Ann Grady against Thomas Delaney and others, was allowed. If . the sale is private the amount of the purchase shall not be less than $500, and if an auction is deemed neces- sary the usual advertising shall be done. Attorney T. E. Rogers was appointed guardian over Thomas De- laney 3rd. Attorney Guilfoile repre- sented the plaintiff.
 The ex-parte divorce suit of Ed ward H. Butler against Leola L. But Ter went over to next week.