Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1857-07-18
The Court of Equity, &c.

We make the following extracts from the
interesting correspondence of Maj PERRY
The business of Plckens Court occunied
the Chancellor two days. There was consid-
cradle business dispatched, and two or three
ca o. involving principles of some interest to
the profession. In the ease of Cape, admin
istra:or of King, w. w. l.. Keith, his Honor
Chancellor Dargta decided that the admins
traitor had no right to come into Court to set
aside Il conveyance as fraudulent against the
creditors of the intcstatc-thc intestate lim-
selfcOuld not do it, rs the deed was good bc-
tween the parties, and his administration stood
in his shoes The bill was dismissed, after
having been inCourt Tor II number of years.
The conveyance was to William H. Keith,
though purchased and paii for by King
Keith was to hold the land for the payment
ofking's debts, and the remainder for his IL
legitimate child. This was tue verbal UNDER
standing admittc6in the answer of Keith
Atter tho bill WAS dismissed, wo then direct
Gd our client to execute lis trust, pay Kings,
debts and keep the residue for lis child.
In the ease of Dukes ys. Cannon and otl,-
crs, the Court decided that deed of convey
ancc to a son, ut the donors death and the
death oih's wife, WAS II good covcna1at to stand
seized, and not q conveyance IN futttY0. This
decision was made on tho authority of cases
decided in the Law Courts, and was rather
against the conviction of tho Chancellor as to
tsiusticc wnd equity.
" In the case If Alexander w. Reed and
others, Chamccllor Dargan held that the yel-
dor of PickcnsSillc, who took no mortgage or
personal sacurity from the purchaser, had I,
lien ON. tho land S, I'D for the purchase money,
IN preferencc"to previous creditors who had
procured confessions of judgments after the
purchase. This IL the English doctrine. hut
never before has been established in South
Carolina by decision of the Court. The
present Court of Chanccry are equally diyi-
dcd on the question--Chancellor Johuston
and Dargan affirming the English practice,
and Clmnccllors Dunkin and Warllaw re-
pudiating it. The case will, of course, 30 to
the Court OF Errors. 1t is remarkable that
so important q principle, and orc of so ire
qncnt application, should meyci have been
s,ttlcd III South Carolina. 1t came ltp once
about fifty years ago, and WAS decided ON tho
Circuit against the English doctrine, bnt in a
note Chancellor DcSaussurc shcws very clear
iy, az we think, that the Circnit decision *
wrong. Chancellor Kent and Mr.. Justice
Story both concur with Chancellor DeSnus-
sure in affirming the English doctFine--that
where alnan sells land and takesl no security,
the land stands pledged for tho purchase
money in preference topreSiaus creditors OF
subsequent creditors with noticc that the pur-
chase money WAS not paid. ~
Pickens is, mt this timo, a most prosperous
District, increasing rapidly in population and
wealth. The Blue Ridge Railroad, and the
German settlement at Walhnlia, have infused
now life into the mountain population of Pick
ens. Atpresent there are several hundfed
persors working day and night Mt the Tunnel.
They are divided iuto threo partias--oile
goes aud works eight hours in the Tunnel,
without eatiD2 or sleeping; no then retires
and another takes his place. 4 third relieves
the second; aud then thesfrst returns to his
labor again after eating and sleeping twelve
hours"
'gHg LAsr on rug PocAnoNrAs. editor
Of the Southsidc {Ya.) Democrat has seen the