he entry had preceded the death of Mr. Sharon,
the case having been argued and submitted during his lifetime. The
decree directed the surrender and cancellation of the forged marriage
certificate, and perpetually enjoined Sarah Althea Hill, and her
representatives, from alleging the genuineness or validity of that
instrument, or making any use of the same in evidence, or otherwise to
support any rights claimed under it.
The necessity for this suit was the fact that the forged paper had not
been surrendered for cancellation, as ordered by the decree, and the
plaintiff feared that the defendant would claim and seek to enforce
property rights as wife of the plaintiff, by authority of the alleged
written declaration of marriage, under the decree of another court,
essentially founded thereupon, contrary to the perpetual injunction
ordered by the Circuit Court. To this suit, David S. Terry, as husband
of the defendant, was made a party. It merely asked the Circuit Court
to place its own decree in a position to be executed, and thereby
prevent the spoliation of the Sharon estate, under the authority of
the decree of Judge Sullivan in the suit in the state court
subsequently commenced. A demurrer was filed by the defendant. It
was argued in July before Justice Field, Judge Sawyer, and District
Judge Sabin. It was overruled on the 3d of September, when the court
ordered that the original suit of Sharon against Hill, and the final
decree therein, stand revived in the name of Frederick W. Sharon as
executor, and that the said suit and the proceedings therein be in
the same plight and condition they were in at the death of William
Sharon, so as to give the executor, complainant as aforesaid, the
full benefit, rights, and protection of the decree, and full power
to enforce the same against the defendants, and each of them, at
all times and in all places, and in all particulars. The opinion
in the case was delivered by Justice Field. During its delivery
he was interrupted by Mrs. Terry with violent and abusive language,
and an attempt by her to take a pistol from a satchel which she held
in her hand. Her removal from the court-room by order of Justice
Field; her husband's assault upon the marshal with a deadly weapon
for executing the order, and the imprisonment of both the Terrys for
contempt of court, will be more particularly narrated hereafter.
The commencement of the proceedings for the revival of the suit was
well calculate
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