The Arkansas banner., 1850-03-05
cuus Decided in the Supreme Court, at tn.
JanuaTy Term, A. D. 1850.

LNhtA WtIANtu lM AMN NNRANhAN NNAAa " sAS
 January Term, A. D. 1850.
 Wilson ss. BiscOs c. al Appeal from Clark circuit court in chancery. Decree affirmed.
 The case of Dxnean vs. BiseSs ct si. Eng. l75, overruled; and held that the Real Estate Bank nigh, well fOreclOse the mortgages executed to her to secare the money loaned to stockholders on their stock, and sell the lands mOrgagsd subject to the mortgage to the State, and bond holders to secure ths payment Of the bonds and interest
 That iu bill 10 fareciose for stock IOans 1t is un- necessary to ah the State and bondhoders parties --,heir interest, which depends upOu future con- tIugency (ths default of the Bank would not be affected by a decree and sale. tho lands would still remain charged with their prior lien.
 The mortgage to secure the stock loan. being an incidental security, followed ths assignment of the debt: aad passed with II to the sssigDees.
 Brodie ct. sI. vs. SksltOn. Appeal from Wash ington circuit court Id ehaHcery. Decree reversed. An order of publication as to non resident de. fendaats iu bill in ehaueery, aud the preof Of pub. csOn must follow strictly the Statute. and appear of record in the cause, the decree will not bind them: no recital n the decree will cure defect either n tine order the proof.
 Where one defendant makes default, those alIe- GstiOns only which point directly to him. will be taken as confessed, and such allegations must be distinct and specific; intendment of facts can be iadslged in. And where an answer denies the facts charged, the proof must correspond with the allegations and appear of record in the cause: ne recital in the decree inconsistent with the aega- tions or proof will supply the defect.
 Sec. 4s chap. g Digest, requisites the practice where the party relies record, deed writing. The taking of the legal estate after notice of a prior equity Is fraud, and the deed may, upon clear and positive proof, be set aside; but if the estate pass through several successive purchasers, they must all bs made partes the deed of the last purchaser cannot be vacated without vacating the first and notice of the prior equity by the deriva- tive purchaser, Is not sufficient vacate his title unless notice is also brought home to him from whom the derivative purchaser claims.
 ROans q. al rs. Byrd et. al Appeal from Pu- ia'ki circuit court in chaDcsry. Decree reversed. Biscoe st. aI Us, Snsed et d. Appeal from Wash. ington circuit court iu chaneery Decree reversed. By tho deed of assignment from the Real Estate Bank to ;he assignees the legal interest in promis- sary notes due ths Bank did not pass: the legal interest could only pass by endorsement the note or on some paper attached to it; therefore the as- sgnees could not sue the note at law id their own names they having ouly the equitable interest; aud might well coms into chancery for relief par iicularly where is shown that the payee is ncom. peient to for the use of the assignees
 Smith e. Joyce. Error 10 Ouachita Judgment affirmed.
 LafFrry us Rutherford use, &c. Error 10 Car. roll. Judgment reversed
 Where the judgment of the circnit court has been reversed by the Supreme Court, he Circuit Coart cannot proceed to trial andjuigment until the man. dats of the Supreme Coprt is filed them.
 State us. Jenniug uss Bs,treinson. Error 10 Pu. laski, Judgment affirmed
 Rsyburn 1s. Pryor. Appeal from Hampstead Judgment reversed.
 The notice of an in,en3ed application 10 tue Judge for inc change of venue, must state the time and place where the application will be made.
 II ia an order granting change of venue. the action is ins-dsscrbed the court to which the cause is intended to be transferred, has no power 10 amend it.
 Blackburn Er parts. Petition for Mandamus Petition refused.
 The Auditor has no power to correct a mistake made by Sheriff in s,ing and assessing lands.
 swisher rt. al. 6. hine. Error to Tell. Judg- Inent reversed.
 In computing the time for an appeal from th: judgment of justice of the peace. the day on which the judgment rendered should be ex- cluded.
 An appeal, which may bs perfected under sec. ls2, ls3 and ls7 chap @ Digest should not be dis missed, without opportunity given 10 perfect it.
 Bank of Tennessee rs. Armstrong sf. sl. Error tO Jefferson. Writ di.mssed-nO faal judgment. Moore us. McLendon Error to Seyier. Judg- ment affirmed.
 Ramsay rs. The State, Appeal from Newton Judgment reversed.
 Upon an indictment for keeping . grocery fol the retail of ardent spirits in quantities less thar ons quart, without license; the State must prov. not merely that the defendant kept grocery o sold less quantity of spirits than quart, but tha As k'pt the grocery for Gat parposs
 Hsn'ey 't- al rs, Packer. Appeal from Searcy Judgment reversed.
 The discretion of the Circuit Court as to con- tnuanees, is reasonable discretion, and when so exercised as to deprive the ugaut of fair hearing upon evidence, will be controIed by this couit-as where It is refused on appeal. from justice of the peace, it appearing that the transcript was filed oaly three days before the commencement of the term (and then imperfectly eertfedl and the af- hdavit shows the witness 10 be a material one. and that he lives more than 60 miles from the place oi trial.
 That the case was continued by the justice for want Of the testimony Of the same witness, is uo reason for refusing continuance m tue Circuit Court
 Hsnslsyet al ss. Tucker. Appeal from searcy Judgment reversed.
 senator FOOte.
 lh's gentleman must soon take rank among the greatest o' American Senators. His fecen, parIis- nlkniAfN kHlrts fAna .f-