Milford chronicle., 1911-04-28
SUSSEX COUNTY COURT.


The Superior Court passed upon a case
of vast importance to borrowers from
building and loan associations in the
foreclosure suit of the Mutual Building
and Loan Association of Wilmington, VS..
Squire James Tyre of Delmar. In this
case the Court held that in the case of the
foreclosurer ofa mortgage by an insolvent
loan Association the mortgagers should
not be allowed to receive credit on the
mortgage for the monthly dues, fines
and installments, but only credit for the
monthly payments of interest In the
case in question Tyre had paid monthly
dues and interest regularly into the
Mutual Loan Association for Il years
more than enough to pay off the loan had
! his mortgage been credited with all his
payment. vet on the foreclosure Judge
ment greater than the original loan was
entered against him. According to the
ruling of the Court it can be seen that a
borrower may pay his dues and interest
till within a month of the time in which
the shares should mature, and if at that
time the loan should become insolvent,
and in this case the Loan did the borrower
would have to pay the whole amount of
the mortgage again. The jury returned
verdict, according to instruction of the
Court, for the Mutual Building and Loan
Association. In the ejectment case of
Charles K. Littleten VS. Josiah c. Holm
sons, of near Laurel, the jury failed to
agree.
The case of Herbert L. Linthicum,
brought by him for his son, John Charles
Linthicum, against Willard S Truitt of
Rehoboth, was decided in favor of the
defendant. Linthicum was sueing Truitt
for SO, 900 damages in the way of pain
and suffering of the little boy who, while
cottaging at Rehoboth during the summer
of 1906 visited the merry y-go-rounds of
Truitt, which were formerly owned by
Patton * Fisher and managed by Charles
Mooney, and while there attempted to
get upon the machine and got his left
foot caught between the rotary and stati
onary platforms and had his member
badly crushed. The plaintiff, only by
the Linthicums, proved that the little
boy had purchased two tickets and was
therefore a passenger, and as such was
entitled to protection and should not have
IL -,.1
that no tickets had been sold the boy and
that he had been elected from the roped
entrance twice and while the manager
was on the machine rushed in and tried
to get upon it when his foot was caught
and badly hurt.
Last Friday afternoon George Williams,
alias slim Jim, the, negro of Laurel
who was suspected of having had some
thing to do with the recent race riot i'll
that town, and who subsequently was
lodged in Jail upon charges of carrying
concealed deadly weapon, pointing
pistol and selling liquor, and against
whom true bills were found by the grand
jury, plead guilty to all the charges and
was sentenced to serve IS months at
Greenbank. John Collins, also colored.
who was arrested at the same time Viii
liams was and against whom the grand
jury returned five true bills for selling
whisky and carrying concealed deadly
weapons, also pleaded guilty and was
sentenced to serve II months at Green
back. Williams and Collins, it is said,
aided materially in the affray at Laurel
by dealing ont "speakeasy' whisky to
those, or at least several of them, who
were taking part in the melee.