Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1848-02-19

~, rep sch u.s5a he Pust-ip ,tt btr.
VIII. Is - abs r'pr.- ntci h-f- i,-ls,-
theresa uluiri about .ae IrB-'1pls eech.s
which = Philair'pIia LAWYER i- capable 81
making. / do MOI mrsn 70 ssy fhai their
speeches r- Ipi siNsys telm,i ill ri'Ia-nt
full OF ar '-srIin- ciih- iay-l ali, m-aa
10 s8v tat thcy orr urt slrt NV, ST. !
wouii trt s1-se 90 auv tsrlus OF di.oasncct at
the Phil si-i'aiI Dor. / ucn.. tat well
th~ Rae iar's Jua tas lnger-u.Is uf tirmsr
times, = itir lHEtrsJ.Is ui 90. p - 'nt diy.
too. A Philsdrlp5t1 lawvrr - M quarter
Us, &c rus, well. y1tnI or OLD. No y. sc.
The drlIy which ayis.. Il a. administration
at lIs'tyr sun rnes praerri, { IN 'orns
prrslubej - law. aai s'rrt.n-s. ] blIrve
mst' rarely. u - q, ~ aUn5Jl-d TO ghs court.
aud more lr q%1ruiir. ! thiiA, g., menb rs Of
the h,t. and s,r. although | nave no personal
W pro -s,i mii ~iaterrsj in the ours ION, |
should y. yery Rldd-sinec the couIiy his
witness Il the silUiaty o,rrstIOa OF The one
hour RUE in smother ptnu l this capitol. aut
long speeches have b.-u bmisiei from tirrr
aui t,ken re- uge in his b,t-l shauit be verv
Z a tu hear. not a. m-nb OF the probes
son. hut q. d citK'u oi The country, that your
honors ha iount u eNpedient To- ImpOs' spme
restriction upon the length OF lawyers.
speeches.
! utN procred u speak more particularly
at tn cssr which j. the suhi-ct OF Ourditen-
ion. aud b.tvrr | la that ] By % b. allowed
TO state tie case briefly. but d inf more in
tuil than IL has been slated heretofore by my
worthy friend.
Thomas Banks. a%citizen oi NV Ollesns.
being The owner Of d large piece 81 property
lhcp. well known % ~ ~ person visiting
ai the city. called Banks Arcade, executed
three mortaE-s on IT.. Besides these three
modaq-s there hal been tKeCu CT IS mauy a.
three Other mortages. IS stated IN the r-cnrt
--olc to lhr y. Orleans Canal and Binklug
Company, The secoid TO the Csrrultnn Rail
road Company, aud lhe tn third aud last IN
point of time. Ia the City Bauk OF New Or
lean-, The defendant IN this writ OF rtror.--
Thomas Banks became bankrupt and tppiied
ti the court vi Bankruptcy al New Odsdus TO
be SLOWED the benefit ofthe act recently pass
I'd by Congress, AMI his petition was DATED
substantially according to the rrqaitementsoi
the dct-iOr do not concur with the leatnel
council oil the other lie that it is necessary
to negative the discharge u du'irs. TIE val
idity al which IS not TO BE- affected by tie
gron,-l petition exactly in conformity with
tn act was presented hs Tho mas Bank, u
schedule Of tht properly vas sis attached 10
ihi, petition, ami . $ h DUE OF the creditors
/, WI, gwen. snl an M his creditors 80 ruim.
Grated Is The defendant, tot q loan or mortgage
and on p, dgr ol stock; and among the prop
erty described in the schedule and surrender
CT to his creditors j. Bmks' AraIe.
A process, was issued according to law. By
advertisements Ia newspapers aud prrs1nil
= no'i,e- IL many cases. and the cits.ouify
! proceedings ia Eases OF binkruIt cy. he was lie.
| clarrl a nominal bankrupt aud al assignee,
1 applied b petition 10 the District Court, fnr
all order To- sell the bankrupt property aud an
\ orlsr 10 take possession OF the stmr. The
| Court fixed d dAy Ior the hearing Of the pit
: lion, or ierrd it to BE- puh'istrd in the news
u papers, and the parties were personally noii-
fisd, six times, il am not mis- AIKEN, H. ap.'ear
| and oppose the sale il they chose TO do so. No
u oppo>ll N was IA ld'.
; The City Bank t,rb ne 10 cp1aar and mike
Z Opposition To any one OF tht sl-rs tax
> en- during the prosres, Of the CASE dutin.
all this i'm. tia City BAuk maiutainry
J d m4slcrly inactivity. Il utyer dill un an,
: occasion appeatin tic District c MI sitting IN
the bankruptcy case OF Thomas B4nks. A
% no i ne lii the civ Bunk max APPEARING,
u ia opposition to any ote Il these prpce. dings
y Wvit, sir, possession Is lekyu Of The nurjga
>, ged property; IL / accof liugiy 10 be sold; /
al was soil. aId there was The lar ST attend rue
II the IN 1T numerous, IS emblsse ~ rasps wine.
l. ever collected together il New Orleans. l.
a witness ihr sale OF mis- rast am ,unt of prop
l eriy. one oi lie most conspicuous edii,es i.
!, NV Orirans. q sale whici, was not only all
II Nert-el III the newspapers bat placarIai il
., the streets, li The lace oi all this e~viienct
Il br0usi ham-, The deieu tdnt brought MS az
I, uon.
n Wei. sir. neither men, nor afterwards Ii
the CITY Biuk make oppnsitinn; il la, By in
= %ocitvc, the sale was IN ide after having bee
| dl>ilei into se,eral lois--anl from ths
NJ cause and the large aud liberal credit II,
We ca, II L. betond d doabt thit the pref
NJ erty sold tr much moee han il wouli la,
" commanded II II hal been put up III block AL
Y sold Tor cash.
Think that the last ins,alment into whit
! the sale was divided was tor d period oi te
liH years an a hall, much longer tlaii the cou,
as sci on the other 81 lie said. Well. after Il
- property was thus sold and he puTcilasers,pu
pJsel 10 advance tn. %pufciAs- money, the
ne dsmand The proluc ion oil eertifcste-a certii
cafe IRON Ine r c1rirr of Mortgages
no New Orleans-ilie assignee was not prciar
ar 70 giyeit il.
The defendants wrr, no parties 10 the pr
ht ceeitings. 1t Was sail BY my learned irier
ct Yesterday, that the defendants were sc
a. kaovn To the proceedings. Well. sir. ! 81
on THAI there was not one particle al proof fro
r.. beginning 10 end that the defendants in err,
IN. hsd ANY notice whatever OF the proceeding
,y Well. >ir, some months ella psed; al urler ~
IA, analed from the Go Ht-the Recorder refus,
ri, to comply with the order. II c assigned +
ot sorted In The Parsh Court OF \ " OrttaHs
nj ord II to compel compliance " b the ORTIZ.
: Tn CASA go Y.taI 81 .t,r.Ya' a. - th.a H..
a. Tue only question there raj Sc was, that
ves not an application for eISsurc, but an q
,ri p|licsti1n for an erisure OF mortgages. growi
out OF the refusal to c imply with the crirr
nv the Recorder, the assigned stating his relus
in II comply with The order.
Gle Alter a long argument the Court dscid
IN. that il was the dui> Of the Recorder 10 .re
the mortgages, and allowing a lnsnda mus +
ly. that purpose, an appeai Is taken by the Rec0r
rr. tae case Is carried before the Supren
,r. L urt, aud Ia The case oi L v Is, uLic.l 20,
"a Honors will find Ia my brief, you tihi Il
of Q lrstion was riablraiely discussed and dee
in ded; alter iu.l d-liberatiun The Court decide
#. thIt II Was he duty ol the Recorder TO era
ed The mpr'g igr, aud they affirmed ;hr judsme,
OF the Parish Courl, aiter which the Recori'
al erased the IN " gags, gaze d c,'riilicate III
no eucum.rat!c ) eAls'ed on the property
and recriSel the price ifom them, at white
III: prapsr'y hal been slticnen oil, in monr
aid notes, according Ia The ,rrms OF The sale
NJ the tiilrs Which passed 20 'hem were mad
A. IN exact conformity, | think, with The III
Ie nth se,.tion Of the bankrupt law.
\ Now sir. htrr are proceedings lasting l
point Of lime with six different notification
10 thr !ei-hd4nls TO appear in Couu-with.
knowledge oi the M e,-witl d knowleig
II That here ms perhaps The IN >, atifs,tiye an
n IN Rusty attended | a. { r,es TO Z plac