Delaware patriot & American watchman., 1828-06-13

occurrcu where Fartes nave been permitted 10 !,
deem alter the lapse of thirty. forty and even p[
ty years with so much Jealousy, indeed doa,
the Law regard he power Of ae mortaaoee. tS' ,'.
no compact or agreement, however solemn IN I ,t'
part Of the mortsager, can deprive him or bs ~. '
resentatlves OF the right of redemption. Armaa
with right thus sanctioned and iavoured bv H..
law, which was obtained for the purpose Of sej,
preservation, and also, to recover a large sum g
money. which at an immense sacrifice, he had h0..
compelled to pay for Allison some years b,earc
did Gem jackson stand in 1914, when he filed h,
bill in the Chancery Court, with view tn roloaa
;he land.
How different is the case of Col. Erwin, y,
made TO purchase in good faith, and was ,pcev
ed-he bought the lands from Norton Pryor kuo,r
ing the title was bad one. Jenkn Wbi,cs;Is,
IN his deposition, now in the Clerks Office, stap
that in a conversation with Col. Erwin. whs la
Erwin was the agent of Pryor, and before he had
purchased one foot Of the land, he Informed hin
that the decree Of foreclosure in the Federal conn.,,
and the sale under it, were entirely null and vo;I
Whitesdes further deposes, that when COL n,
win was charged in his presence by Gen. Jackso,
with having had full knowledge Of the defect n
the title at the time he purchased Of Pryor. h. lil
not pretend to deny it. We should like to know
therefore, what claim in Justice or equity, Cd
Erwin bad to any thing more, than to the mort.
gage money and the interest. the tight to which h,
had acquired by taking ali assignment of the mort.
gaze from Pryore
But it is alleged, that Gen. Jackson having art.
ed as the lawyer OF Anderson, and having fre.
quently expressed a belief in the VALIDITY ot ,bs
decree and sale, TO sundry individuals, was estop.
ped in h0nor--it is not even pretended he was IN
la,c--trom avaing himself Of the equity Of rs.
demption which subsequently, came into his po
session. Ii A then be employed by B, to en-.
gage to manage piece Of property, and c
acting in obedience to the directions Of B, mana
yes it badly, is A dcbarre,l from urging any sutse.
quent right to the property he may afterwards sc.
quire? Yet this was Gen. Jackson's case precisely.
Judge Anderson never could have expected, that
he, as Judge Of The Srpreme Court of the State
wculd d. any thing more in the matter, thai.
merely 10 place the papers in the hands of some
eminent lawyer, and direct him to proceed accor-
ding to law.
As to the assertion that Gen. Jackson was, in
honor, debarred of his right to redeem, because he
had frequently said the decree and sale were good
and valid, it involves the grossest absurdy--
When a man warrants the title Of tract of land
he proclams TO the world his belief in its validity
yet, will any one pretend by this act of warranty
he debars himself from setting up better title 10
other lands held under the same title which he
had previously warranted to be good We ina
sine not.
Gen. jackson filed his bill against Erwin and
Patton in 1874. Being unable to raise the mort.
gage money and interest, James jackson, and
Jenkin Whitesldes became interested with him.
Whtcsides afterwards released all his interest, 70
James and Gen. Jackson, and Patrick Darby was en-
p.oyed to assist in conducting the lesa proceedings
and to attend to the taking of depositions, &C.
During the pendency of the controversy, whca
| cto.
compromise were submitted by Gen Jackson, one
of which was, that decree should be entered 10
his favor; that Erwin shonld pay Gen. jackson
and James Jackson S2O,000.-that Gen. jackson
should convey to Erwin all the lands not within
the bounds ot other clamants-and that each par
~ should pay their own costs. This propostoT
i though so Just and reasonable, was not accepted
At length General Jackson was n0tified by COI.
Erwin, TO attend, on specified day. at place
called the Stone Fort near the Coils residence u
Bedford County, where the depositions o! CERTAIN
witnesses were to be taken. After his arrival
Mrs. ErWia sought an interview with him, which
was Immediately accedcd to By Gen. Jackson-
We are greatly tempted 10 stop here The vlles!
cur OF the Coalition pack-the prince OF slanler.
ets, Charles Hammond the most infamous Of
torsers, John Binns, can Instantly anticipate The
result OF this interview between Gen. Jackson anu
Mrs. Erwin! The subject of the law suit va,
without delay introduced by the latter. General
jackson observed, that all he required was Simple
justice, ana as an evidence OF his sincerity, re-
terred her to the propositions which he had pre-
yiously submitted, and which we have a'ready
stated Mrs. Erwin acknowledged the reasona'
blcness of the terms. but urged, that simple JUS
tce TO him, would leave her family in indulgence
She then with tears in her eyes, intreated nm u
the name of their former friendship--she con-
jured him by all that he held dear, to offer sucN
terms as they could without ruin to themselves
accept This appeal was of course Irresistible.
The gallant defender of New Orleans, was hu'
proof against the tears and distresses ofa woman
lie immediately consented to release .cuApns Ms
compensation all claims which he had against s u'