The Bridgeport evening farmer., 1916-01-19
COURT PERMITS
 L0EWE SALE OF
 DANBURY HOMES
Final Chapter in Famous Suit Against Matters is
 Written Today.
TITLES ARE PROVED
 BEFORE U. $. JUDGE
Original D efendants in Many Instances Have Died Since
 Case Began.

New Haven. Jan. 19-A motion
 made by the plaintiff in the famous suit of D. E. Loewe and others against w. P. Bailey and others,
 which was a part of the Danbury
 Haters' case, for sale of property of defendants against whom decrees
 of foreclosure had been issued, was granted by Judge B. S. Thomas in the United States district court to- day.
 There remains now only the for nal decree to be made ending the case and this will come after a, master in chancery has sold each piece of
 property included in the order of foreclosure, and turned i'll the pro- ceeds to be applied to the judgment
 obtained by the plaintiffs.
 The question before the court to- day was the order of sale under the foreclosure. Walter G. Merritt for the plaintiffs, put in separately evidence to prove title of defendants to prop erty attached where the question had arisen as to priority of incumbence on said property at the time attach ment was made.
 There were a number of titles to be proved of this description. Then MT. Merritt made a general state- ment covering pieces of property at tached in which the titles were not subject to question to priority of incumbence at the time attachment was made
 Mr. Merritt said the plaintiffs drop ped a savings bank of Danbury as a defendant. Among titles proved were several in which the original defend ant has died.
 After MT Merritt had made a gen. eraI statement covering all titles W. F. Tammany, of NorwaIk, offered the following motion which was not op- posed by the plaintiffs:
 .sThe defendants in the above enti-. tied action who are not owners of at- tached real estate or equities tEereins respectively move that the Judgment liens gof the plaintiffs be forecfosed by decree of sale instead of by strict fore closure and that such sale be by sep aRate parcel plaintiffs, said that formal carrying cut of the law under the statute of AfaT'c1l, 1893, with reference to fore closure sales ordered by the court would require considerable time, but that under the Connecticut statute the court may appoint a. master in chan cery, who, reports back to the court, so that a formal decree may be made.
 The court accepted the motion of the defendants and the attorneys will agree on the matter.
 D. E. ELoewe, the principal plaintiff, offered a. statement showing the sums paid upon the propositions. The last payment was >$37, JAS. The Danbury hatters suit was brought in August, 1908, and final Judgment was entered in favor of the plaintiffs in the. su- prene court of the United States in January, 1915. The decree was for $50, 900 which carried triple damages under the Sherman law. The costs have been $12, 1309O. Originally. there were 204 defendants but the number has been reduced by death or other reasons to 1S0.
 Foreclosure proceedings run against 125 pieces of property in Danbury and 15 each in. Bethel and Norwalk.
 There is a question still before the court which will be settled when pro- ceeds of the sale of property is turned in as today's disposition of about $1o, 900 in interest on deposits of de- fendants in savings banks in Danbury and elsewhere. These savings which were garnisheed, amounted to $S5,- 961. 80.
 Opinion is said to be held by attor neys for the plaintiffs that equities in the property now under foreclosure will bring enough to bring the total cash close to the amount of the judgment with the funds already in hand. Pay ments have been made on the judg- ment and only the balance is to be lt- quidated.