davidaulloa/AmericanStories huggingface dataset:
The North-Carolina standard., 1849-03-28

The Boston Atlas publishes letter from ChaPa
Hill, N G. dated the 18th, which reports thata VEN
of gold had been discovered within a few days. nea
that place. The ore had been analysed by PpI
Mitchell of the University, and pronounced go@
Great excitement prevailed in the neighborhood!-
the college was entirely deserted, every body being
intent on digging the precious metal.
-. Ne,1 York Erpres"
We suspect the Boston Atlas has been badly qnT
zed. We have heard nothing of this '' great excl%
ment" at Chapel Hill. Some of the "bhOys
there are ''some" on !" a water ''-and no mshAS'
They deceived us once into the publication OF cor
ored Marriage. {" That was their fault If they O'
it again, the fault will be Ours.r
The North-Carolina standard., 1849-03-28

The WAsHlseToN MODEL. Gen. Taylor does not
appear to be very successful in forming his govern.
msnt on the Washington model. In the cabinet of
Washington was Alexander Hamilton, the great lead
great leader Of the dea.ocrac party Gen. TsyIop
really do what he said. he should have TAX
steps to representation of both parties in
his pabinet. N. Y. Globe.
The North-Carolina standard., 1849-03-28

NEW HAMPsHIRE ELECTION. On Tuesday "eo
last, the Democrats of New Hampshire succeeded
electing their candidates for Governor and other S
officers, as well majority of the members OF Wv
State Legislature. Neither is there any change
the political complexion of the Congressional DeF
cation. The names of the members elected to ~'
new Congress are: James Wilson, Wing; A~'I
Tuck, Free Soil Whig Charles H. Peaslee a"
Harry Hibbard, Democrats.
The North-Carolina standard., 1849-03-28

Weafe indebted to the politeness of ManteO LOos'
for copy of the Address delivered before the O'u
fellows in this City, in January last by the Ho~
William H. Washington. We shall take occaS'''
to publish this excellent production at length in S0
future number
We also have on hand the Speeches Of MeS's
Venable and Brogden, which we shall take pea'~'
in laying before readers at as early day as PD
ticable.
The North-Carolina standard., 1849-03-28

The Mecklenburg Jeffersonian has passed into the
hands of Mr. Quentin Busbee, formerly of this City.
Mr. Busbee is capital writer and sound Democrat
and hope his labors at the helm of the Jeferson
an, will prove as profitable to himself as they must
be acceptable and agreeable to the people of old
Mecklenburg and the surrounding Counties.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01

Fort OF New York. March 1, I6A0s


IuH /. .. 80. ........ 50 EeE wATrn...... as
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01

su.s, Dolby LI.ls:a nsn.y ray'ca crs..r s-... nri
nspt groves ssvsnnsh MARI hsatia. Ls.ur WEEK
r-ssn DO CID harris .amasl rhsns. s'-s s.syss rr.a
nbh breu bssedwn srne& tss. sfsst kss%is.
Serk san Jssn'o stmiestop. Gala barhsa s<sA
nah.
LIVES Del Feb n. 7pA-rb, Ss.hss sOrs-sas
Adelaide from hsyaxass 20 brss sf thrsa
came IN and the
ny With tie number Of ~hash
In htus In rosts,sd ur-.rd ust Ia sp
tsuhra. and Trenton ALEC conf-as ne hsrh n "a
sh,sg. for the tier N the esndss Il on- r
brig hsro,ts for hYok hs asf saf ire fSty L.
Nh. The tohr Albert svtt fre >yert ~srsas
ashere yesterday is~de The vsseos isht usa
The ship for franetco tnfss
evening and the ship Kalamazoo for sOrsans ys.rtsy sr
noon
Norl. Feb DAT ship Ed~ias ives. SYOrs. era .Air n
ritsr, Holmes livsrpsol
KEwpoRr RI Web Barb Ne~ EasiA.d Desn Aptsshiss
Ia frpvdepo.; hr,ss oc~ls En~y kry ws.s ,.,aa.
Gordon Joh lint for d 80 Grss rssk
Mobile Aisna Dean Norfolk fcr rSeer.
Sn ih, Trinidad for hsrb e'ead
NV B.vrS. Fsb 6-Au ,ssu osthsr'as rhomss. ror.s.
VirgI, 10; Jenny Lind, -. do
PruADsIr,'rA Fec ~ Arr bah s.shss sor'snsr sorins
Feb 20 Below chor gaaraise sr,uaa.
bark ZIhia from ssssnnsh ia hr< yctsfA
Norfolk. Harbor and riv 2 tireis fes from 10
PORTLAND, Feb 2GAn sehr wstport SAWYER. Boshay Ca
Virriuin
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01

On Tuesdsy. 9th February, JANE M daughter Of
Robert MacFsrlans in the 18th year Of her age
The friends Of the family respectfully invited to
attend her funeral. on Thursday LIST March. at one
O'Clock from the residence Of her father 66 Vostry
without further notce.
On Tuesday evening. the 9th inst after 10 ng ILL.,.
ness, CARLO CERAcIOLI, q native of Italy, aged II
years
His friends, and those Of his brother Bartholomew ",
and those Of the family. respectfully invited to
attend his funeral Thursday after ct O'clock
from hts reside noe No 2l6 William street.
February 9th, Of bemoptysis, JAMES SHEAREn, in
The 8lst year Of bis age.
His friends and those of the family,
invited to attend bis neral this day at half past
o'clock from bis late residence lis Fulton street with
out further notice.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01
MARKETS ELsHWHURE.


Bosror, Tes :7-B okers Bord 30 shares Western Rail-
road ,0,s do Fitehburs ia l ad lex; do I9 10
hsa achusetts Railroad 6; Rsafi1r 1si
road Ia 10 thares Old Colony RsroaA II; ~ do 7j< do
b and Worcester Railroad. t0sAi U6; do Fich.
burg Sa,ro.d cIsHi DO lo9x ga" Fall sysr Railroad 8,
Psilr"sd. niI 7ndo lO2 d, Northern Railroad 81 10
Boston NJ AAioe Railroad l31 2O DO Reading saro,d
do Boetot and Low ell ksilr NJ 1884 81
60 20 d. 3H 2b d., l3x; 10 do fremont Bank 9sS
DO BOY lston Bank, h2h; 10 do. 6roeers' BANK, o.
DOMESTIC MARKETS.
NEW BEDFORD OIL NARKEr Feb 20, 1s49.-Sperm-
The market Ia Arm, Nth steady demand. We notice
tses OF 200 barrels not rssd lU7s aud 100 barrels
Qpeludire al in frat hands In this msrkst) private
terms. sale Of 400 barrels also made Ia West
port on privsts terms Wbal--The salss Of the week
embrace 1900 barrels at prices nging slo &c.,
acco ding TO quality The Gales $40 barrels $40
40 barrels at 3ac 1870 barrels a. 500 rs barrel, at
Nhc 377 barrels NJ $50 and $50 barrels North West
Coast understood to bs ut something below the latter
price The stock sf handsome North West oil Ia III
reduced and holders evincs more firm Wnsle-
bone We hear OF transactions this market; last
ssles in New York 31c. oAsh Sperm Candles are in
demand and prices tend upwards selss 1t 400 boxes
at 300. sssh; and 800 boxes. at $50. four months.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01

WAvERLEY HOUSE, ROCHESTER, Fob. rs, 1910.
The Eighth Day II the Examination of DR.. Harden
broek-Suieide-T The WaUtrley Houss- The Weather,
&C.
This long and continued examination last evening
hnished its eighth day DR.. Edison vas yesterday
about the only witness upon the stand which eloed
nothing Of any Importance mere than has been
to BY DR.. Webster and other ply soians. IL will
doubt occupy three four days yet before the
result can tie asctrtsined
1t is said that the wife of DR.. Hsrde brook died
very suddenly . few months nee and was taken to
siding there un aersta nd that it 10 the of
the auboIer Of this city to proceed New York for
the purpose Of taking the BODY have 1t opened
and fully examined
The care Of Mrs Hardenbrook viii probably not be
o6nmtboed until the conclusion OF the preseuS eue,
~h oh will BIZ resumed again OF O'Clock to- morrow
neIbipg
MRS Cavannugh Who was led dyed n the watch house
on Tlurtdsy night last, for dsord-riy eonduot
bupg hsrtef with her apron in OF the cells, Fri
day night She has left husband aud some seven or
city ht children.
The Wawrley House of this city has lately be IN re.
novated, and lea ed by the we'll known audiord dave
OF che Ontario House Toro Cansds and the ira.
vei community will now Ind IL the kept no tel
IN u. city OF Rochester; aud to luxury comfort
epd ateLiop II Ill cla's with hotel the Union;
If large and airy and located within stones throw
eftbs railroad depot furnished from TOP to bot
tom in the mt ct elegant style
The weather here and at Buffalo for two or three
Gays pat has been pleasant could be expected in
The month OF April and the seighng Is d-s %
quite last. WESTERN
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01
PHILADELPHIA, Feb. 26. lS4g.

PHILADELPHIA, Feb rs, lS49.
Ro for California ,--OHee Seetscrs--INe Lafvttte
Guards--Bnrned to Death-- Markets, SC.
The Cal iornia ship Levant has not yet left the
wharf, In consequence of the wind bio wing CON-
piete gale from the northeast, rendering 1t danger
Gus for the towboat to attemp. NOV"
large crowd had been gath" .ae Ne ~
:, -.ored near her berth all
no,top witness her expected departure. A
Vi the emierants are, however, already
-.af seas over, having drowned their emotion at
leaving home IN the flowing bowl.
As the day for the incoming OF the new order OF
things, expec:e from the election of General lay
Tor, approaches, the number OF names mentioned
IN come with the principal Offices in his gift,
lOcsted III This city, continues 10 increase. There
are no less than seventeen persons mentioned as
csnerdates or applicants for the collectO-sh lp-
Among The most proml Dent are George r. Graham,
Morton McMlctael, John Swift, Charles Gilpin,
Andrew Stewart, Thos. M. T. McKenuan, Aiexr.
Ramsey, VIM. ID. Lewis, Peter Sken Smith,
Townst nd EaInes, &c.
The Lafayette Guards, OF your city, have arrived
here during cold, IDhospltable rain storm, but l
hope they will lind 20 vain a reception as to make
OF FIVE companies, under the command OF Colonel
james Page. as follows :-Fenclbles, Patterson
Guards, Washington Volunteers, Washington Ma
tlossl Guards, and Wayne Artillery. The escort,
nOtwiih stas ding the mud through which they had
to march, made quite an imposing appearance. A
committee Of the French residents brought up the
rear, IN a large omnibus They have prepared an
entertainment tor the Guards at The Armory, cor
ner of Sixth and Prune streets. The State Fenci-
bles escort them to the ball this evening. They
depart for home tomorrow afternoon.
Martha Haines, coored woman, was burned to
death about noon to-day, by her clothing catching
fire while alone in room. She had been sick all
winter.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01
Pssse myers Arrived.

LoSpos-Psofs, Shin ssrssrst EyAs-w psre- ssa Ia.
dy, ks Dsrrow PHILLIPS PrcohDni Capt Davis. aad
ohid, Msiue Greenwood shits ksysstfs aroasa
Bss Routh DR. Pate lad, and children is4on
k Tlnois, Brsril Irvls-d Dsvs hrs yerrs.r
ley aud lady Bedford Bedford England sad 80 In ths
LoNDoK-Pacht ship Londop-cApt " As<aass sss LADY
pepr, G Russll II Depratt York Rev Al q fraser
Jsccbs n. Ellison, London and ~ In the stssrase
LIvsRpooL-sbP Fnierprbe-hr rnompssa. M J Blake
Rpgh and p Q In the sreeraxe
LivEa pool Ship erios-Mr rmania Albany Miss Tina
DR. CsIruther ships surgeon Liverpool add AIS
ty. and us in the peeIase.
DUBLIN Ship Cd ssa-Jasoes Craig
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01
r,tisess and police, to discover the where abouts Of

citizens and police, to discover the whereabouts OF
the body.
The young man named Daffell. who a few days
since robbed his employ ers, Messrs ClaPp ~ 20,
OF the Buffalo Express, of some 800, was yesterday
arrested by that vieiant officer, Jacob Emnck, OF
this city he found hum secrrted In house of Ill
fame eomew where near or In Washington street.
$50 tor his arrest officer Emrick will no doubt
receive il. Duffrll 10 now in confine nt and will
doubtless receive his sentence at the next Re-
sorder's Court, to be neld here In March.
A number OF the elegant boats wnicr grace the
waters OF Lake Enc, throughout the spring, sum-
ner, and fall, are now undergoing repairs, to be
IN readiness Tor the commencement of the spring
busints IS OF this great thoroughfare, TO and from
the western country. The excellent and fast
steamer, the 'Lady Of the Lake." is TO be COM
maDded by her former excellent and well known
master, Capt Wilson, who ID one OF her owners,
and intends TO spare no expense IN RENTING her IN
the NEST superb style. She is TO ply between this
city and Chicago. The steamer Lexington VIII
also be among the number, and is expected TO be
commanded by Cept Thomas Pickering, who Is
we'll known by ths travellers OF Lake Erie. w.
II. Citing, whose name is familiar TO all who
this LAX e. IS 10 be one oftne officers OF the splendid
steamer Canada. Mr.. III. will add greatly to the
popularity OF this steamer.
The CampbeIls' MlDstrels have been dong a
Aeunshing business in this city, tor several lights;
and tonight they will give their last and farewell
concert, and then proceed To New York, stopping
~ the different cities on their way back-such as
Rochester. Syracuse, Utica, Troy, aud Albany.
Almost each night since their commencement here,
large number have had to 90 away, there not
being room In the Eagle street Theatre to get IN.
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01
Married.

In this city on Wednesday evening, Feb. 28,h, by
Rev. DR. Patton, Mr.. Ludlow Parton, son OF Doctor
Patton to Miss ABB,J HUTCHINSON, Of the Hutohin-
sen family. Milford, Fl.
On the 25th, GEoReE Ely, to Miss ELLEN Woor-
TEN, both of BoontoD, ".
In this city. on the 22d February by the Rev Isaac
8. DeDopd. Mr.. CLARENcE Brooks to Miss MARIA
Louisa BoeERr daughter of Jacob Bogert, Esq all
Of his city
The advertise cement In your paper of this moruing In
regard to marriage sviDg taken place bstween JoHS
WEIR, and Miss Nancy FERGUsov Ia not correct at
all events 70 not John Weir the bell hanger Please
to correct this error L. COW.
To THE EDITOR OF THE HERALD
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01

svoARs-Tbe sales, to-day. are 800 hhds New Or
leans 1t 4hn $40 By auction the stock Of Ms"rs
Woolsey Wools~y dspos.d OF ct prices (consfsr-
ing the difference Of teruD about equal vi'h shose
obtained yesterday. Annexed are the partienArs ;n
GO half boxes small loaves per 100 lbs So sI}a 1900
do large do. do Q Is; 2 $40 bbl, powdered do NM;
400 do crushed b do 8 rs: 700 do do 'A) do 8Si4;
2q6s do do. A do ~; $50 do syrup, per gallon ~.
notes thyee and four mouths. The receipts OF the
above sale are not far short 81 S250,O00.
WHALEsorE WAS dull at $40.
WunKEY-SaIss Of 100 barrels Ohio were made ct
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01
FrsRuAnv 2S-wnd. at .risa NE; At meridian T. IA.
Ne -



LITTER BAGS Of steamer Sarah Sands for liverpool will clos
~ 'eet aad at the Exchange keadDs Room
LlrTgR BAGS steamer Norhe,ner fl Ch.srss Panama
Slip Gsnsek for Liverpool VIII close this morning and tn
Bsltmtrs, for Bavre Saturday Letter Bags above
sHP JENNY LIND to Tuesday from shp Jen
situation as before tstd Some large rocks Mt little
d,y. '''''' e''' VI ''''
BIIe FhAScrs LOUISA tof BATH whemore. WAS wrecked
so ort had Of swaod %a 1sG~ wa.
sc The standing snd running rigging Capt came home
the tchr Sussex at baltimore.
BRIe TRIUMPH at Boston from Palermo 10th u't lat 90
Ion o. pale from sSw lost both and bboom
ScHR ALBERT ELLIOTT from New York reported) for
Norfolk, 10Th inside the Beacon Light House,
ear Delaware Breakwatsr. and remained fast 9Th.
scrR svss.x at ore from Long leland on the 18th inst
cur gale in the gulf struck by lightning and lost
ieversi saiiA
Loss OF BARK Prosrrs-Th. bark Pioaecr, Capt " Gait
tsid frora Brel. fny 10th Deoem loaded with rail-
DAD iron New Orleans being day,
cessation when nst 81 In y, 10 ", every eSer ion haySs
len made hsep her free se ally Abandoned in stink
The oantan passosera and were taken
ipl Trerae TIE pioossr was no vessel ssoas yesrs sis
suti Baltimore owned BY aers John Henderson Go, OF
s s, AID injured in three ''' for $500 half in Ne"
nsaAssmcry Acc,pE,rschr Consul which loft New
n s crew 'S Sy,, cspn ha D.,s and Allen Brown Of
ows to the o s S,'s " ns Sas S,uS nSs
.ssn ep before ssna tey sank The boa. ds far
s , On ss STrs, he. e. aoa .oosorsd
chsn abo WI IN The head 81 his
feiwsrns war bosrded by ten from smack nj D.ya
leaves q vile ard children-hr Brown leaves wife
HOrsa1n Porss.
CSeIIARI sardina Jau l,Arr bark Adama Ma,,;r va
gbalI, ~ dayB fer Messina. ~"' '"u
CANDTshs febs-BrY ropBn, usverer, for Bost,n Id.
GtsAT H,RBoh, LII Feb 9-Brs Canbrian Wa ter Tor Bal
Fssl Tarquiu Moody. for Mobile. SOON 60
ing into doch.
oRro OAnro. Jan 2s tbach dae)schr Dorca for sYork
3days
PoNcE PR. Feb l-Barks Samuel -, pummer from New
Yuk TO load in few days Forbes from Niisven dsy brss
Aneenvs Mitchell from Portland, ~tg trt Good Hops. wrsh
tor baltimore in few Fashion, Kirwan OF
rt tthr Atlantic Smith Dom NJ wbur port disg sehr Da
Bentley Ponce 18th. ard sid 2Sth Jan for sayague
sryAoo, febI-Brig VIM Parrbgton, Randall for Trinidad
next day.
Home Ports.
ALEXANDRIA, Feb 2i-A schr Favills Boston SD schrs
Rick Bos Mary Case 81 Johns, q; Roanoke Eastport
Bosror FEB "a, Ah-Below bark Swan, from Trinidad Old
Dan ship Loue Sophia Skaanins CAPS de hf ssuthr
kYork.
1th Pk-An brig Triumph Bort, Palermo The vessels be
lore reported in The 9osds Satu aud Sunday
barIsoRr Feb TAR brig Ellen, Reed. Porto " hello
oh ,day two sap~ supposed he Alexandra aud Susan
oNe pasea IN tbs Day, r brig Syiph hound up
Bearhse' Flowers hobils sohrs oelis Murphy Ponce "a
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01


Co Hor'hsrn.s T.. iH suaa chssiss 40. ~
Della Ihapin' ANsar Now 0nean' johnson Low
Bls,. Norman Leach Rochelle; Ns.@,,h Walsh 5an..
L BALDWIN smi. II, Charleston Dunsam 2 omon
soIs.ra. sqnsT -, s.ySana A'crsady Co; Wanda
SlOop-Beljamin rankin, Hawkins. Providence.
arrived.
Packet ship Margaret Evans Tinker London and Portsmouth,
Paols ship London nsSaId london NJ Cork Dec a. with
snip lnarpr.s; Willard Liverpool Jan It'll with mdse to
ing passage ipt quits Of without tOps1i
ls = had ,a &C. IsS H. 81 h tho
ON thu
Iny Pit ships Ashburton for New YORK; wnh1Op
.. 81 {. o. ion low spoke :he Ifss oa.sa of sIosh
pull away Block Island hsf hour tho sunk
was obliged to haul strong from ENE
asmsurs bark Hnrt Pses Ca lao 100 davis wi saauo TO-
Iasr ,'f Bamrs sid the say
Tor Liverpool. ID days
ballast Perae Brol I'd Jan sprung the foremas 18th
Ere, Oh bark knsene Benad Harsocs Sc day. with wins
wealth gh in.. in Is. ~ ION Il
I ns al tns With Ss S ssts
nom with manmnss gone BY board top
let and had received other
the frostd tho done
leaving halifax
the making water freely and pdng for Der
her with fore aud mfen topsa aud bolt
ocsrvas she belongs the firm Of fairbanks
b Alison.
British brig Pasen Dakin Galway 60 days. ballast to or
der The has bad westerly gales during the
Brig Greean, Baker Palermo Dec .Otb with fruit At
bibs c. The has continual OF
ter gales the Soundpgs in lcn7 30 the LIST
met blown of Ion &c. 18th I'M laying der close
Iefed rsa knocked and lay ID m,sutes
beam ends had all the arboad monkey rail washed
ard ok tsh IT. date lat IS Ion spoke
bark GittTt cf Bath.
Brig Leso Baker Rochelle "a days with brandy to Nesmith
Walsh Jan A. lon IL 3d. opke Br brig Richa Cor
don from 81 j. I'm for B,r7uda
Brig olive, GUNNER Passport days. with FISH, TO Sturges
Co.
schr Hand, Parker Madison, CT.
Sci r Monte Chr sto, futile New Haven.
Schr b Burton, Ballet, New Baven.
schr Belle futile Farhavcn bound to Florida
sc,r Lsvi Rowe, Wedm Fsirhaven bound 10 Virginia
Below
PACKET ship West Point MuiLer, from Liverpool 9th JAM
with TO X Kermit
Ttc.t clip Eiddrs from Liverpool l3th with
mdse, 70 spthord, hlesten Il Co.
Anchored ut Quarantine. detained by adverse winds-hip
Alton for Chaeston John Costsr for San
vdera Tor dos Br bars Hhl,nd tor London briss xa
for Savannah; lsabeila Reed, Vera Cruz
FOX San Francisco.
rrsRuAnv 2S-wind. NJ SUNRISE NE; At meridian, T. lAt
ouLk etk
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01

celsion occurred on Monday last, between pas
sepger and freight train on the Camden aud Anboy
railroad near Bordentowp which resulted In the de-
struciitD OF both engines. The passengers escaped
upir jured
The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-01

7 1877 OF LETTERS REMAINING IN fnR NEW YORK
IL Post orhco, February a. ls49.
L 40
mention the date Of the List which they sAvsrsA
The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-06-13
Washington National Monument.

As my former notice may not have been very gene
rally throughout the different States instructed
peat that the Board OF Managers OF the Washington Ma
uon a Monument Society will be pleased to receive block
of bic granite any other suitable stone from
State the Union TO be placed in appropriate position
the monument These blocks should be of the following
dmenson four feet long two feet high and eighteen
inches in depth Al it intended TO plac these stones al
every lancing OF the staircase, substantial maea will
answer when marble granite cannot be found. The
of the State from which should be engraved
upon letters sufficiently large be easily read they
will be laid the wall in The order OF time which they
may be received In this city.
Ii is gratifying the Board to state that the citizens of
Taadega, Alabama anticipated the invitation of the
Road, and fendeed their tibne of block of marble from
the that Virginia Instances. and
Georgia have ssiveiy follow the noble xsmpe and
confidently expected that State In the Union will
be represented in this national ed flee
Geo WATTsRsTcy, Sec'y w. N. nj. s.
~ Newspanen throue amount ,hs LAioa viii please COPY
The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-06-13

suit in which he was litigating the question of
ownership. Indeed, it seems questionable whether
he would have been permitted to amend his first
opposition by setting up the newly acquired right
The objection would have been raised that it altered
the substance of The demand. | do not perceive
how the maia tides of Barrow, in becoming the
simulated vendee of Conner, can affect to his detr
ment his subsequently acquired rights transeree
of the mortgage ri.ht of Tulane. That Tulane
was a bona tide Judgment creditor of Conner is not
disputed. Tulane certainly could maintain this
opposition. There is no evidence TO impeach the
good fdlti OF Barrow, so far us The transfer from
Tulane is concerned. Why then has not Barrow
the same mortgage lien upon the property which his
author, Tulane, had The good faith of the trans
terror enures TO the transerree. Ii very true that
man cannot be at The same moment the mortgage
and the owner of land But it does not follow that
the assertion of one right estops the subsequent
assertion of the other. A. brings against me
peliiory action for tract of land, and prays my
eviction. misunderstanding title; A. succeeds and
evlcts me. | then attack A. upon Judgment re-
corded against him prior to the institution of his
petitory action. Am | estopped because did not
set up my mortgage in the former suit, where the
title was at issue Clearly not There is no res
judtcdtB and no estOppel. Reverse the case and
suppose that in June, 1S47 Barrow had filed an OPP
position, alleging himself to be the owner of a ju-
di:ial mortgage upon the property, and as such en-
titled to preference over the plaintiffs In execution.
Suppose that in 1Sfo during the tendency OF lhis
opposition, he discovered that Tulane held title
owner, paramount TO Conner's title, and purchased
this tile from Tulane Barrow goes to trial on his
first opposition, and is defeated the ground that
his Judgment against Conner was fraudulently OBJ
tanned upon pretended claim having no existence.
Is Barrow estopped from afterwards setting up his
title as owner, derived from Tulane | cannot
think 500