Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-09-13
SATURDAY MORN: SEPTEMBER Is, lS5o.@
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rs. COURT.

IJ. % Gov IL ~ :
This Court has been in session, since saturday
last. and has transactsd more than its usual
amount Of business owing % the fact tilst tne
term has becni enlarged Only one criminal
case was tried which resulted in verdict of
acouittal. The court has been engaged 7tortwo
DAYS In hearing the arguments in the case Of
.sIsnam and Fisher VS.. the steamer Thomas
suannn This is a case IN Admiralty on libel
filed by Ishau & Fisher to recover salae of.
snorlies furnished the boat in Cincinnati a
4riious QUESTIONS are involved The boat wasone
of the aUnion Line and consent order Of
sale was entered and the boat sold some two
years ago. The question now Is, who is 70 get
The money after paying the claim Of the liSel-a
lants about 81 900. The boat sold Tor less fnan
enough to pay tho claims against her, and - the
priorities hence become important Some OF
The claims are for construction, some for repairs,
and prior to JANUARY 1854, at which time q deed
Of aust vas executed to secure 70 snndry per-
sons. ssockholdeEs in the Union Line, $4,000,
: money loaned to the boat, which deed wasre
corded in the Office Of the Surveyor Of Wheel
ing the home port. The boat continued to run
after this. and created debts, some in the home
mort and some abroad After January 1884,
the boat had collision with the Fanny Fern,
and suit was brought to recover damages IN
Ohio District Court, and the u S. Marshall tied
nm the boat at Cincinnati. Bond was given and
the boat released Then another deed of trust
was given to indemnify the sureties. This suit
ffis vet pending The principal question was ar
gued on the charter, the homo supply men
Insisting that they had lien by the law OF
Virginia Incorporating the Line,
siT This was resisted by the cestpi quo trtsts I'M
der the first deed who claim to have the first
lien amer foreign creditors The. original con-
e struction creditors claim substitution to the
2. rights Of the eestui que trlsts on the ground
that the stockholders were individually liable to
them for the debt, ~ the boat could not beeomo
corporator until ready for use, and hence they
! 2 were entitled 70 the substitution claimed IN
surance claims were also set up as liens. There
sssere sunday other points raised and among
them the validity Of the recOrdation Of the deed
in the Surveyors office, under the act of Com
!. efess Of 1850 it being claimed that said deed
should also have been recorded in the Clerks
,sioffice under the law of Virginia.
The case wlrs argued by g. ~. Russell for
the home creditors, j. S. Wheat for thelibeIlants,
VI, Y, dooo lor the OF
ors, Alfred Caldwell for the insurance companies,
and a. Jacob and J. Fl. Pendletonsior the cest'ti
que trusts under the first deed. a The opinion Of
the Court will likely be given at noon to-day.
S.ovcr lOOItoreigners were nataralized during
the term, sundry indictments We're found By
the grand jury, which We omit to specify, The
Court viii probably adjourn To-day, and the
e effect will be very materially to increase the
business in this Court admiralty Jurisdiction
sgS win nowEbe mainly exercised By this Court and
State Co1tts sill be relieved OF much Of tho
steamboat business which has heretofore en-
numbered the docket. 800