Volume 6 — Delaware Chancery

Bill for an injunction.—The bill seeks to restrain the Town of Dover from further action in its proceeding-to take land belonging to complainant for the purpose of extending Queen street from Cecil street to Clara street-The facts are sufficiently stated in the opinion. The following is a portion of the map referred to in the opinion, showing the location of the land in question r

<p>iHJusrcTioir Bill.—The bill seeks to restrain the collection of a judgment.</p> <p>The facts are stated in the opinion.</p>

Bill op interpleader.—The bill is brought by JacobRubencane, trustee of a fund under the will of John McKnight, deceased, against Elwood B. McKee, administrator of Anna T. McKee, and of James Town, deceased, and Charles M. ¡Newlin, administrator de bonis■ non cum testamento armexo of John McKnight, deceased, to determine conflicting claims to such fund- The facts are stated in the opinion.

<p> Pollution of natnwal stream • injunction. </p> <p>A preliminary injunction—restraining the use, when completed, of a building in course of erection, as a morocco factory, so as to pollute and render unfit for domestic and agricultural purposes the waters of a natural stream, to the use of which in its natural condition, the owner of land through which it passed was entitled—made perpetual by consent.</p>

Bill foe an injunction.—The complainant, a corporation of the State of JDelaware, is the owner of a tract of land containing about 64 acres, in Christiana Hundred in Hew Castle County, at the point where a certain ancient stream of water, called “ Mill Creek,” empties into the Christiana River, in said county. The complainant erected on this land extensive and expensive buildings, machinery, and appliances for the manufacture of wood pulp, used in the manufacture of paper.

Bill for an injunction. The Chancellor :—The Duffy Malt Whiskey Company of Baltimore City is a corporation created under the laws of the State of Maryland.

Bill in equity.—This bill was filed to compel the payment of a sum of money alleged to be the difference between complainant’s debt and the amount received from a sale of land by defendant holding a deed from complainant absolute on its face, alleged by complainant to-have been intended as a mortgage. William Walker was the original complainant. October 5, 1885, his death was suggested, and Eliza S. Walker, his administratrix, was made a party to the proceedings.

<p> Oonveycmee by betrothed woman, in frcmd of marital-rights. </p> <p>A court of equity will protect a husband against a voluntary conveyance by his intended wife of all her estate, to the exclusion of the husband, made pending an engagement of marriage; even in the absence of express misrepresentation or deceit, and whether the husband knew of the existence of the property or not.</p>

<p> .Sureties for* different debts of same principal; doctrine of cont/rübution does not apply. </p> <p>1. Where there are two or more sureties for the same principal debtor, or for the same debt or obligation, whether on the same or different instruments, and one of them has actually paid or satisfied more than his proportionate share of the debt or obligation, he is entitled to a contribution .from each and all of his co-sureties, in order to reimburse him for the excess paid over his share, and thus to equalize the common burdens.</p> <p>"8. The same doctrine applies and the same remedy is given between all those who are jointly or jointly and severally liable on contract, or in the nature of contract.</p> <p>•8. This principle does not. apply where the debt or obligation for which there are two or more sureties for the same principal debtor is not the same.</p> <p>-4. One or more obligees in a bond of indemnity given to three persons by a principal debtor for whom they we^e severally sureties, but not for the same debt or obligation, and on different instruments, according to their liability as such sureties for the principal debtor, are not liable to account in equity to their coobligee in said bond for the sale or assignment of their individual interest in said bond of indemnity or judgment thereon, or for the money received from a purchaser of said interest for a valuable consideration.</p>

Bill eoe an injunction.—The bill in this case is filed to restrain the collection of a debt, evidenced by judgment, from William Cummins, the surety therein, by Noble T. Jerman, to whom said judgment was confessed.

Bill filed by the comblainant fob instbuctions as ‘TO HIS DUTY UNDEB THE WILL OF THE DECEDENT.-The bill in this case states that Horace Dryden Clark, late of the town of Smyrna, in Kent County, deceased, made •and published his last will and testament on the seventeenth day of April, A. D. 1886, which was, after his •death, duly admitted to probate in the proper office at Dover; that Horace Clark, one of the defendants, and • James Tasker, of Montreal, in the Dominion of…

Bill fob the oonstbuotion of a will.—The facts of the case and the material portions of the will in question are set forth in the opinion.

Bill of interpleader.—This suit was brought to determine by interpleader between George W. Todd and Jethro T. McCullough, which of them is entitled to 105 shares of the capital stock of the Diamond State Iron Company, the complainant, standing upon the books of the. company as the property of the defendant McCullough, and to certain dividends thereon (and interest upon a part of the dividends) that have accrued since January, 1881.

' Suit for partition of certain real estate.—On intervening petition by the husband of one of the co-owners to have her share of the proceeds of sale invested for his benefit. The facts are stated in the opinion.

Bill filed in ¡Kent County.—This bill was filed by the children of Charles A. Bryan to establish a trust in •certain money alleged to have been loaned to defendant by Mary ¡R. Bryan, deceased, and to recover such money for the benefit of complainants, the alleged cestuis que ■trustent. The case sufficiently appears in the opinion.

Bill foe injunction.—This suit was to enjoin defendants as members of the Levy Court from striking off from the assessment lists names placed there by the assessors and alleged by the defendants to be wrongfully there.

Injunction bill.—The bill seeks to restrain the enforcement of a judgment against defendant, a surety on the bond of a tax collector, which was alleged to have been recovered after the collector had made a final settlement and received his discharge from the proper authorities. The facts sufficiently appear in the opinion.

Petition fob rule.—This is a petition for rule upon assignee for creditors to show cause why proceeds in his hands should not be paid to petitioner. On October 24, 1881, the blew Castle Iron & Steel Company made an assignment of its property and effects-for the benefit of its creditors to Alfred S. Elliott and on the same day the Chancellor appointed Edward Betts- and Charles M. Pusey as appraisers.

Petition bob bulb to sechbe a widow’s bights in heb husband’s estate.—Eliza Green, widow of John Green, late of Kent County, deceased, presented to the court a petition representing that her late husband executed a last will and testament and afterward departed this life leaving the will unrevoked.

Injunction bill.—The bill seeks to enjoin the prosecution of a suit by George W. Willen as assignee of Virginia 0. Truitt and George T. Truitt, of an action to enforce complainant’s liability on a recognizance. The facts are stated in the opinion.