Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-10-23

sents and this depos;is declared bv the decree. mo,
to have been legally aud regularly accounted for
Inu' Inc land AT Baton Rouge, sold nj the instance
1i orbes, and which The decree declares to be-
eit open between the parties, as The subject matter
of u distinct suit
Sd. The sale of property a, New Disbursements
SAID 10 have been received m Madrid and else
and not accounted for.
As TO the first, it was subject within the confront
OF me court at any m"; that's, to compel Ihcrcsor
uon oil Tue deposit, orto account for its dslurse-
nent. The law this ront is clear tnkinr :, Cor
granted that the deposit has been made that the de-
Posoy quo al hoc, under the control of the court
DC nouhed to the depository frt IL is he tcW aud
P'eaSa"e o. NE court HHt he deposit he brought into
court, IT Is all he ask require IL would be alb
s'n1 TO say, that the court should institute suit.
make up pleadinss, join issues, &c. in such case
'nu 'nat 100, when to deposit placed by the or
der o the court, IN the hands of the depository for
| sd Keeping, always subject To it's order
The court are otopinion, that the certificate Of the
clerks o, the Office; that the decree of the late court
was made known to John innerariy, the defendant
Suhcient evidence OF that fact. Great stress wa,
| 'hu 10y the defendant COUNSEL the circumstance
'nat part OF the certificate is contra,ictetl y nspec
uoh oil tue aper-yiZ that tire defendant has ai< ed
nus Signature, as evidences oi notice To him, when in
ie"iy ne mas NOT But we say, that the certificate
ought not to be mpeached this ground because !,
o,o! uecc'e; ana III they had in reality acted cor
ruy IN Once, they would moi have certified that as
".cc'' winch Inc certificate itself diSproyes The
NhNihy me signature OF the party notified does not
"Ppe 10 nc IN essential tornllity, aud Is more fire.
q"enty dispensed with than requi ed the substance
as noi'te TO te ptrtyund this we think is suf, ;enrv
proved by the certificate of the clerks. A. respects
me decree 'omake the deposit. think the ,iefcn-
uIn. ''u snshcient noiicc-That part of the decree
re'''e 10 tne tnd from It's nature is not before the
conr'-It amounts to nothing more than declaring the
suect open, Tor the parties p their claims
according to law.
The second, is merely decree In .cco,,, 60 ,h,
court Tor property belonging 10 the estate sold in New
orleans and elsewhere. The decree To account IS
~ mo-. instances, sanied as OF coursc-it follow.
,he p'unh Pettlon and we can sec nothing irreuu-
u" III giving NE deichtlit notice OF hntl, at The same
r slme' particularly as no rjsry could result TO him
from thS course. 800
sary, taking into view all the circumstances of the
case, Is an act q! comfy due on nnc court 10 an
o'er, 10 presume that III, the necessary preliminary
su' were taken, before the decree WAS made u,ess
'le contrary he made most clearly 10 nuDeor vvbrI,
tc defendant has failed 10 i'm this case Kno,, ina,
where citations are necessary, i, is Il princ-
PIE Oh Hw, that appearance will do away the ueccss,-
III process or cure Mi its dclcCts-is il a violent
presumption, 20 suppose he did appear We think
"o'' ana the law, by which the Is bound would
c'e'rS presume the fact The petition before The
court, would OF ITSELF bc sufficient to .ound decree
snnuar 10 The one winch is prayed To- nc cnlorccd-
-, ho' "'esec, thn an account has been rendered
OF NE property seSed, ad sold Ivy Forbes & Co in
New Orleans-andi ii appears bv a former decree
u't orOcs was eSprcsy ordered To raise the ,orb
men' ne mad laid on the property, and proceed TO
make sale ct II. and render an account-But io,le
pcnucn''t o this view oi the subject we conceive t,,
tlr defendant vas before the court rs , partv ;picrs
ca IN the settlement OF the estate of Vila!-This is
NOT me case oil lawsuit between : and Itbe s,,t
ject Is the complete and hnal adIsncn; of , estate
oil deceased erson, 10 affect the interests of ALL in
amy way concerned to wit the creditors heirs eNecu-
10 s. administrators, and Observation-Disclosures IN ,
spanish law, well the law of cuuiiv in The Un;nd
states ana England, the court viii not suffer the mai,
Ter 10 go out ct their hands and be finally at rest until
complete jlstce be done 10 all concerned
Inc affairs of the do not anpear to have bcco
hhaiy closed, when the first petitions were presented
u, '"e 'tmS Although the petitions of Caroline and
MERGED vidal, had, in the first Instance no,hng in
view hut 10 cocrcc the production of the Dauers relo
ave To The estate in the hands of the dc en.nnt VET The
"9''t was evidently 10 compel him 10 account if on
examination OF the papers, there should be any ;hiuu
~ u'en-'hh N one OF the petitions, presented for
nc Induction o the papers, intcrrug rc NM Ia
'onn inncratity, the defendant, touching the very
III w Is Tor which the DEGREES, following the De;;tions
Subsequent 10 their production, are rendered To
icSe undergraduates, the defendant puts il; plc in
Iic ha'"e oil Il demurrer, and his counsel has taken
E!eat pans 10 siew he was bound to answer Them
i".'ls not the quesiioni; is whether by aDpearnp
~ NOT To he considered before the court i'm the
particular demand of the heirs, rs well lis in the tesla,
mcntl'y proceedings in general.
Ihe deien'ianis ineXplcable conduct in keoDinn
n'GH INC papers; and producing them "a; last on com
PNion WAN the excuse that they were discovered by
Il most extraordinary accident" does no, incline
favor. '''' ~ HIS
The defendant IS in the situation Of u party brought
before court OF chancery on a bill of ,iiscoyerhr
ing once before the court, Justice win hc DINO ,lo
Pafties ON view OF The facts disclosed In the Snon.
lsh courts, as well rs in courts OF equity the rene
49, "Ot exclusively follow the but The
WI Sic such rccl and make such decree as the ma
u''c Oh Inc case aud justice may require Again we
:" "pn"n mat the court could order or decree
lIt the depository should hrinn the c,;i int, ,,.
"'''oul oeS cUru 10 hear the dcidnirl ordering hin,
10 90 so, ana could inform him of IL i'm any manner
thc court Thought proper IL is also our onuior ,ot
we IccIee 70 account Tor the property entrusted TO
hIin y the court seXp;tp and did ,,ot rco,;r n
l" near H. as M the matters under consideration he
was nciihI IN trust c0nidcd to him by the conr,
ana IS IN mat respect 10 hc considered and viewed in
N flta
i e court, ior its own satisfaction has co,n,,ycJ |
me decree before them with the icsl1me urccrc,
'm9' TO winch refers and are satisfied that the iurcs
a'c'q9eR Is in the main fully SUMMARIZED H., H. -
iamentary proceedings have been irrannl,r i. oIcI
evident complete inventory the whole estate wns
never made. Three ofIhe creditors of whom, y rl,e
W. t'e ',ncIl,' administered on the property found
IA ms place, and afterwards The order of the cort
handed over 10 the executor, who made sale of tbe
tHe' 10 inventory or appraiscmcut appears ever 10
nave pecn made OF the real estate, and nothing but n
New Orleans. '"''' VI
The land was seized and sold under a morl,apc
maze 10 AFroyo IN IA manner So evidently ir-cgiil,r
that NC would ne rantcd in sayinp il yvus r,,.I
lent The same tribunal, a year afterwards ,nu,lnJ
me sale, and ordered the property to he sold scrr
time. by decree Of don Jose Caayu, late goycr.
WI ~ ns province thc second sale is declared void
ana Illegal and liy tue dciaweR now under tle con-
slderaon OF the court the subject il again oponeJ
",u orDes ind OILERS are admitted make defence
,rcre ne proceeds OF the sales OF personal property
on inc petition OF Forbes and placed in the pu,,l;c
'tcas'ny--N n'i afterwards on application Of Fo,bcs
3a%h out oi nc treasry, and placed IN the hard, Of
Orhr5 q 70. IN the character OF "a dcnosit
lie second s1ic of the real property M Baton Rorc
WIS ordered at meeting OF the creditors, Of which
""t' ."Ppe'f' u" nave been tlc princpal-and the
money ~ deposit IS said To have been appropriated
on an order OF the court 10 ile po,u,en ~ ,l, it
,ue Arroyo, for which the kinds were sold in The H.,
nst'ncc-and the proceeds of the second sale were
placed ~ the hands Of Forbes 5. Co ms a tep,s;f
decree t,p ]