FREE BOOKS

Author's List




PREV.   NEXT  
|<   276   277   278   279   280   281   282   283   284   >>  
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
PREV.   NEXT  
|<   276   277   278   279   280   281   282   283   284   >>  



Top keywords:
Sharon
 

appeal

 

William

 

August

 

plaintiff

 

husband

 

judgment

 

guardian

 

defendant

 
denying

property

 

Supreme

 

declaration

 

executor

 

marriage

 

reversal

 

Frederick

 
conclusion
 
testament
 
fraudulent

personal

 

possession

 

equitable

 

subsequently

 

substituted

 

ordered

 

October

 

dismissed

 
adventuress
 

obtain


initiated
 
controversy
 

estate

 
forged
 
Althea
 
California
 

entered

 

insane

 
pending
 
general

person
 

qualified

 

appointed

 
Accordingly
 
county
 

Shafter

 

Superior

 

supplemental

 

answer

 

briefly