The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1825-05-19

Guerrart. the Marshal, Lad possession, X
when he put any one there, he would De
.bsrfshni ~ hal authority.
Nriihrr Pufycai. nor ljaues have stat
ed any thing IN discharge ~ themselves.
Igfhe Chancellor
Itlonblrd al first whether this was The
proper mod. al proceeding, hat as mining
was said against Il 1T the bar, by the eonn
! sci f.r The defendants, US led 10 exam
ne further, with some attention, into the
n,atirr; aud arm perfectly satisfied th"ft
lis ~ objection to the mode: for "htlst
il /, true, the Plaintiff might have. proceed
ed by attachment IA ehaneery against the
whole estate, real aud p.rsoaa', proceed
inc nhichis nov auho lzed by the act, 10
relation tn the estates of abscut debtors,
yet rs the bill alleged that a part oi the
estate was carried of, aud. agents lelt tie
bud for the purpose Df taking of the resi-
due, Il was competent, unprecedented, To
this court, tn restrain all persons from such
a measure and as the debtor himself was
gone, To order, as well for his benefit, as
for the benefit of tbr plaintiff, the Marshal
Z to take possession oft, until further order,
as receiver; and AS the property vas Of
such nature, possession of the freehold
was indispensable, in order to preserve II
i for, II the plaintiff had proceeded by attach
I meut he might still have been under the
necessity, as there is no security in such
cases. IN have come here for an Injunction;
so that there could he no objection 10 it, IN
the first instance but, as this mode wax
u eferred, the plaintiff should have given
security, in Whatever sum, she might have
required il Of the defendant, aud unless he,
L.. In
.MarshaL might then have taken the pro.
prriy, as he did take it 10 that | regard
him as having been property IN possession
of all the property comprised IN the order,
ms the clerk ofthe court, by emitting To re
quire security of the plaintiff, should be
considered as responsible for her: Sc
much for the mode.
will here notice an objection that was
made by the counsel of the defendant Rid
dick, against enlareing the rule as To him,
upon the trial Of Il, the court said that,
the investigation Of the rule did not pre-
clude the counsel ofthc plaintiffs from NOV
ing, if the party be not in court, for an
other rule, or from moving for an attach
ment, for another cause, at once, II he be
in court for the court would take care,ln
the latter case that he should not he surpirs
edi extcuaing To him, every reasonable indul
gence, which would be, in effect, another
rule niSi but | understood the counsel
for Mr.. Rddick to say, that he was then
prepared 10 meet all TIE charges, & so the
case might progress: Ii In this am mis-
taken, | viii stand corrected by that cOun
az and it not, shall proceed,
Let us now enquire into the charges a
gaiDat Mr.. Rddick and, frat, for not &c
liz CHING the slaves 10 the commissioners
Cor vision thereof as required by the
decree.
l. is true the decree does not in terms
order Mr.. liddick to do any thing, but II
orders the division Of the estate part Of
which he held, aud he was party to the
decree; and Ia CORNERSTONE report,
than he was notified to produce the slaves
subject 10 distribution, and hat he failed 10
do it without assigning any reason for il
80 that he thereby Distracted the execu
ton of the decree, which il was his duty
10 perform, When call Il on for that pur
pose 80 lli5t in this he WAS guilty of a
contempt; but his counsel commended that
while this might be SO, yet he atoned for
il, or IN other words, the plaintiff now had
no right t1 complain, since she had by II
mother order, IN this term, obtained her
share of the slaves, ont Of those in posses
sion OF the .lIarSbni, of this there is no
report, hnt understand fium the bar, il
is 50; Aud If this was all that Mr.. Rid
dick should atone for, | shalt certainly
say, that while 1t ~ true he was guilty OF
contempt, 4. WAS punishahlet for it. yet, as
justice has been done, though without his
assistance, he should not for first offence,
be nuw attached, for this plain reason ;
that, if he had been then attached s. com
miltcd, for not merely delivering the
slaves, there being no other demand
gninst him, so soon az he caused them to
he delivered, he should have been dis
charged Cor little would it comport in a
case like that, with the relieving hand ol
II court of equity, to extend its punishment
beyond the end of its justice. But, the
ease before the court, ~ a very different
one for Mr.. Rddiek had othc, matters tn
account for, besides the slaves, aud for
which too, they might become bound.
Second for taking from the possession
Of the Marshall the plantations taken by
him, under the order of injunction of the
3lst of October last;
What had the plaintiff right TO expec I
from the conduct of a sisters son that
seems to have been without "A parallel
not bound by the laws of the land no re
spect whatever for the public authorities :
nay, not bound by those endearlng ties,
which 60 eminenty distinguish some blood
connexions from those who are mere stran
gers, however well and friendly they may
be disposed towards each other She, a
poor hlind and afflicted lady, to whom he
was greatly indebted, for the rents and
profits of Der estate, which had been with
held from her by those that had gone be
fore him, and now by him, in following
their example: and besides she had an un