Every evening, Wilmington daily commercial., 1922-04-29
COURT STAYS SALE OF
K|RKwOOD ST. HOUSE
Property at 9o7 Subject to liti-
cation Resulting From A.
legged Agreement.

sale of the dwelling at aoT Kirk
wood street. advertised for today, was
STAYED by Chancellor Wolcott. who
ordered yesterday afternoon, on mo
tion ~ Rohst Adair, solicitor for the
complainant In the ease OF Mary j.
code, wife OF Andrew T.. Cole, Jr.,
against Martha l.. Gill. wife OF John
A. Gnl. and Joseph H. Gould. sheriff
uf New Castle county. that RUE
ISSUE. directed 60 the defendants, re-
quiring them to appear before the
chancellor next Wednesday morning,
az 10 80 o'clock. standard time. TO
show cause. " any they have why a
preliminary injunction should not
issue restraining them from proceed
ing further with the action mentioned
An the bill OF complaint and particu-
larry from selling the real estate,
eo7 kirkwood street. under and 10y
virtue " writ cf lcvari facias. The
chancellor further Ordered that upon
the complainant giving a bond I'm the
sum of 5000 that writ issue restrain
ing the defendants unth further
prdrr of the chancellor from selling
nid real estate. and he approved
Frank !. i.lsRi as surety In the bond
Allegations in the bin of complaint
included the following:
That IA October 1921. the com
plainant purchased from Patsy Fury
az Philadelphia and his wife. Angeline
She real estate 9D7 Klrkwood street
and moVed into said premises with
the consent ~ Martha l.. Gil. one of
tNc respondents. and Of Patsy Fury
and Angelinc Fury and still is IN
possession a. terre tenant.
That Patsy Fury and Angelins
Fury ON November 8. 1921. granted
and conveyed unto the complainant
in Zee simple said premises
That on November rs. 1919, PATSY
Fury gave to Martha l. Gul his bond
f"r $4,000 conditioned for the payment
of the principal debt or sum. of s. 800
with interest. etc. ON or before the ex
p,ratlon of one year from the DAT,
thereof. and the payment az sait
slncipal debt interest. etc. was Sc
cured by a mortgage on the rca
estate 907 KirlSwood street
That at the time the complainant
purchaerd said premises from pots,
Fury. et al. and az the time that sal,
conveyance thereof was made by then
60 the complainant tho said mortssg,
was IN existence, outstanding an,
partly paid. also open and not salts
red ~ record and the Complainan n
had knowledge " the existence OF sal,
len and took titlc 90 the said prcmi
SOS subject 20 tho sarne.
That prior 20 taking title. on q
about November s. 1921. the oompla IN
ant had an oral agreement and under
standing with Martha l.. Gin for an,
In consideration ot 500 10 be pai,
"a a bonus she would permit the sal,
mortgage 20 remain az a lien upon IN
said premises for one year from tn
time the premises should be convcye-
60 The complainant and would extern
the time for tho payment of the liz.
for Ike period OF one year fror
tho date of the conveyance and rely
ing upon the agreement took title Z
the premises
That when the complainant ofYere
tho bonus Martha l.. GIN refused {,
accept 70.
That on or about December Q
1921. an action OF eeirc facias s,l
mortgage was instituted IN the Super
ior Court without the knowiedee Z
the complainant. where Martha l.. Gi
was plaintiff and Patsy Fury and Ar
reline Fury were defendants. and sa:
mortgage on the said premises was N
subject matter OF said suit. That n
plaintiff demanded s. 500. with Inter
ost from November is. 1919. and wit
an allowance OF credits for paymen,
made. toiailnE s525.
That on March Il. 1922. judsmer
IN sa.d action was entered agnins, -a.
defendants and in favor Of the piair
TN fr N.77a. with interest fro
November IS. 1919. and that ther,
after. on "a date unknown 20 the con
pialnant. Judgment OF record was a
tered. without leave Of the court. fro
Judgment of 3l.TT5. interest. etc.
Judgment FOR s2.0s2I7. with inre~e
from November IS. 1921"