at case, and from the order denying the new trial an
appeal was also taken to the Supreme Court. The decision on the appeal
from the judgment resulted in its affirmance. The result of the appeal
from the order denying a new trial was its reversal, with a direction
for a new trial. The effect of that reversal was to open the whole
case. In the meantime William Sharon had died and Miss Hill had
married David S. Terry. The executor of William Sharon, Frederick
W. Sharon, appeared as his representative in the suit, and filed a
supplemental answer. The case was tried in the Superior Court, before
Judge Shafter, in July, 1890, and on the 4th of August following the
Judge filed his findings and conclusions of law, which were, briefly,
as follows:
That the plaintiff and William Sharon, deceased, did not, on the 25th
of August, 1880, or at any other time, consent to intermarry or
become, by mutual agreement or otherwise, husband and wife; nor did
they, thereafter, or at any time, live or cohabit together as husband
and wife, or mutually or otherwise assume marital duties, rights, or
obligations; that they did not, on that day or at any other time, in
the city and county of San Francisco, or elsewhere, jointly or
otherwise, make or sign a declaration of marriage in writing or
otherwise; and that the declaration of marriage mentioned in the
complaint was false, counterfeited, fabricated, forged, and
fraudulent, and, therefore, null and void. The conclusion of the
court was that the plaintiff and William Sharon were not, on August
25, 1880, and never had been husband and wife, and that the plaintiff
had no right or claim, legal or equitable, to any property or share
in any property, real or personal, of which William Sharon was the
owner or in possession, or which was then or might thereafter be held
by the executor of his last will and testament the defendant,
Frederick W. Sharon. Accordingly, judgment was entered for the
defendant. An appeal was taken from that judgment to the Supreme
Court of California, and on the 5th of August, 1892, Sarah Althea
Terry having become insane pending the appeal, and P.P. Ashe, Esq.,
having been appointed and qualified as the general guardian of her
person and estate, it was ordered that he be substituted in the case,
and that she subsequently appear by him as her guardian. In October
following, the appeal was dismissed.
Thus ended the legal controversy initiated by this adventuress to
obtain
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